A BILL TO BE ENTITLED
AN ACT to remove boone's cave state natural area and a portion of Baldhead Island State Natural Area from the state nature and historic preserve, to remove these properties from the state parks system, to authorize the transfer of these properties for limited purposes, and to allow certain public entities to use the fire tower at mount jefferson state natural area for public communication purposes.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143‑260.10 reads as rewritten:
"§ 143‑260.10.  Components of State Nature and Historic Preserve.
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143‑260.8:
(1)	All lands and waters within the boundaries of the following units of the State Parks System as of April 3, 2001: Bay Tree Lake State Park, Bullhead Mountain State Natural Area, Carolina Beach State Park, Cliffs of the Neuse State Park, Chowan Swamp State Natural Area, Dismal Swamp State Natural Area, Eno River State Park, Fort Fisher State Recreation Area, Fort Macon State Park, Goose Creek State Park, Gorges State Park, Hammocks Beach State Park, Hemlock Bluffs State Natural Area, Jones Lake State Park, Lake James State Park, Lake Norman State Park, Lake Waccamaw State Park, Lumber River State Park, Medoc Mountain State Park, Merchants Millpond State Park, Mitchells Millpond State Natural Area, Mount Mitchell State Park, Occoneechee Mountain State Natural Area, Pettigrew State Park, Pilot Mountain State Park, Raven Rock State Park, Run Hill State Natural Area, Singletary Lake State Park, Theodore Roosevelt State Natural Area, and Weymouth Woods‑Sandhills Nature Preserve.
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(16)	All lands and waters located within the boundaries of Baldhead Island State Natural Area as of April 3, 2001, with the exception of the southern one-quarter of the appurtenant easement on that certain tract or parcel of property at Baldhead Island State Natural Area in Brunswick County, Smithville Township, described in Deed Book 401, Page 602, and more particularly described as follows: the tract beginning at a point having North Carolina Grid Coordinates y=40000.00, x=2315685.00; thence due west 510 feet to a point in the high water mark of the marsh having North Carolina Grid Coordinates y=40000.00, x=2315175.00; thence with the high water mark of the marsh in a northerly direction to a point intersecting the northern boundary of the tract, which is represented by a line running due east and west and intersecting North Carolina Grid Coordinates y=40750.00, x=2315685.00; thence along the northern boundary to a point intersecting the mean high water line of the Atlantic Ocean; thence in a southerly direction with the mean high water line of the Atlantic Ocean to the point of beginning. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System pursuant to G.S. 113-44.14. The State of North Carolina may only exchange this land for other land for the expansion of Baldhead Island State Natural Area or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(17)	All lands and waters located within the boundaries of Mount Jefferson State Natural Area as of April 3, 2001. With respect to the communications tower site on the top of Mount Jefferson and located on that certain tract or parcel of land at Mount Jefferson State Natural Area in Ashe County, West Jefferson Township, described in Deed Book F-3, Page 94, the State may provide space at the communications tower site to State public safety and emergency management agencies for the placement of antennas, repeaters, and other communications devices for public communication purposes. Notwithstanding G.S. 146-29.2, the State may lease space at the communications tower site to local governments in Ashe County for the placement of antennas, repeaters, and other communications devices for public communication purposes. State agencies and local governments that are authorized to place communications devices at the communications tower site pursuant to this subdivision may also locate at or near the communications tower site communications equipment that is necessary for the proper operation of the communication devices. The use of the communications tower site pursuant to this subdivision is authorized by the General Assembly as a purpose other than the public purposes specified in Article XIV, Section 5, of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Article 2C of Chapter 113 of the General Statutes."
SECTION 2.  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.
SECTION 3.  This act is effective when it becomes law.