Tennessee § 11-14-401 - Short title — Acquisition of wetlands and forests — Part definitions.

§ 11-14-401. Short title — Acquisition of wetlands and forests — Part definitions.

This part, as well as § 67-4-409(g), shall be known and may be cited as the “U.A. Moore Wetlands Acquisition Act.” The general assembly finds and declares that it is in the general interest of the people of Tennessee: To preserve certain wetlands and bottomland hardwood forests in our state, those being defined as follows: “Bottomland hardwood forests” means forests occurring on alluvial soils in floodplains in which tupelo, blackgum, sweetgum, oaks, southern cypress, elm, ash, cottonwood, singly or in combination, comprise a plurality of the stocking except where pines comprise twenty-five percent (25%) to fifty percent (50%), in which case the stand would be classified as oak pine; and “Wetlands” means lands which have hydric soils and a dominance (fifty percent (50%) or more of stem count based on communities) of obligate hydrophytes. They include the following generic types: Fresh water meadows; Shallow fresh water marshes; Shrub swamps with semipermanent water regimes most of the year; Wooded swamps or forested wetlands; Open fresh water except farm ponds; and Bogs; That the director of the wildlife resources agency be authorized to acquire wetlands and bottomland hardwood forests, and lands which are capable of supporting hydrophytes or bottomland hardwood forests of a composition normally occurring in that area of the state, including adjacent tracts of land and tracts of land which are significant for the protection of wetlands and bottomland hardwood forests, the acquisition of which may be necessary and desirable to ensure the proper management of such wetlands and forests, on behalf of the state using the proceeds from the increase in revenues resulting from the 1986 increase in the tax levied in § 67-4-409. The director is also authorized to purchase any lands adjacent to Reelfoot Lake which may be necessary for the management and preservation of such lake from such revenues, and to purchase areas meeting the definition of “converted” wetlands as defined by the United States department of agriculture within the Food Security Act of 1985, and amendments thereto; and To establish a partnership between the state and private, nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), for the purpose of implementing the expeditious acquisitions of interests in wetlands and bottomland hardwood forests should the director or state choose to use such corporations. Notwithstanding this part, § 67-4-409, or any other law to the contrary, the director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Scott and Campbell counties and are known as the “Koppers Properties,” including lands adjacent thereto. Notwithstanding this part, § 67-4-409 or any other law to the contrary, the director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of assisting in the acquisition of certain uplands and canyon which are located within White, Cumberland and Van Buren counties and are known as “Scott's Gulf.” Nothing in this subsection (d) shall be construed to obligate the wildlife resources agency to fully fund the purchase of this real property either from the 1986 wetland acquisition fund or from any other state fund under the control of the agency. Notwithstanding this part, § 67-4-409 or any other law to the contrary, the executive director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Scott, Campbell, Morgan and Anderson counties known as “International Paper Company Properties,” including lands adjacent thereto. Notwithstanding this part, § 67-4-409 or any other law to the contrary, the executive director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Monroe County and known as “Turkey Pen,” including lands adjacent thereto. Notwithstanding this part, § 67-4-409, or any other law to the contrary, the executive director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Morgan County and known as the “McCartt Tract,” including lands adjacent thereto. Acts 1986, ch. 833, § 1; 1989, ch. 458, § 1; 1989, ch. 461, § 5; 1991, ch. 140, § 1; 1997, ch. 542, §§ 1, 2; 1998, ch. 955, § 1; 1998, ch. 956, § 1; 2002, ch. 864, § 1; 2014, ch. 702, § 1; 2016, ch. 1027, § 3. Compiler's Notes. Acts 1989, ch. 461, § 4 deleted the repeal of this section by Acts 1986, ch. 833, § 9. The Food Security Act of 1985, referred to in this section, is codified throughout U.S.C. titles 7 and 16. Acts 1998, ch. 955, § 1, provided that notwithstanding the provisions of this part, § 67-4-409 or any other provision of law to the contrary, the director of the wildlife resources agency is authorized to expend a sum not to exceed two hundred seventeen thousand dollars ($217,000) from the 1986 wetland acquisition fund for the sole purpose of completing the study of the stabilization, maintenance, renovation and revitalization of Reelfoot Lake to preserve its use as a recreational and natural resource in this state. Acts 1998, ch. 956, § 2 provided that provisions of that act shall only authorize the director of the wildlife resources agency to make expenditures from the 1986 wetland acquisition fund in an amount not to exceed five hundred thousand dollars ($500,000) to purchase property authorized to be purchased by the provisions of that act. If appraisal costs and acquisition charges and costs or both require expenditures in excess of five hundred thousand dollars ($500,000), with approval of the state building commission, such charges and costs may also be paid from the 1986 wetland acquisition fund. Acts 2002, ch. 864, § 2 provided that the executive director of the wildlife resources agency in developing plans for managing the lands known as the “International Paper Company Properties” including lands adjacent thereto is encouraged to address the concerns contained in a resolution adopted by the Anderson County commission in May, 2002, suggesting maximizing the benefits to reach the largest number of users, local and otherwise, through inclusion of programs designed to accommodate more diverse groups than those traditionally considered in connection with wildlife management areas. Further, the executive director and the partners in acquisition of these lands, are encouraged to work with local governments to consider making portions of the lands available for local purposes if the need arises. Cross-References. Koppers Properties, § 11-14-407 . Wetland acquisition fund, § 67-4-409 . Wildlife preserves and restoration projects, title 70, ch. 5. Law Reviews. Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).