A BILL TO BE ENTITLED
AN ACT to direct the legislative research commission to study the feasibility and the desirability of constructing and establishing a dam and reservoir to be located on the cape fear river in cumberland county and of adding this area to the state parks system AND TO APPROPRIATE FUNDS FOR THE STUDY.
Whereas, the Cape Fear River is one of the 20 most polluted rivers in the United States; and
Whereas, a dam and a reservoir on the Cape Fear River in Cumberland County might improve water quality, support aquatic life, and provide a much needed regional public drinking water supply, thereby attracting needed business and industry to the area; and
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 these resources are part of the heritage of the people of this State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and
Whereas, the area on the Cape Fear River in Cumberland County contains examples of outstanding scenic beauty and has been found to possess biological, scenic, and recreational resources of statewide significance; and
Whereas, developing a State park in Cumberland County and constructing a dam and reservoir in the State park on the Cape Fear River might provide outstanding opportunities for recreation to the public; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  The Legislative Research Commission shall study the feasibility and the desirability of constructing and establishing a dam and reservoir to be located on the Cape Fear River in Cumberland County for the purpose of establishing a regional public drinking water supply and authorizing the Department of Environment and Natural Resources to add the property surrounding the dam and reservoir to the State Parks System, as provided in G.S. 113‑44.14(b).  The Legislative Research Commission shall consider whether purchasing land and developing a State park in Cumberland County and constructing and establishing a dam and reservoir on the Cape Fear River in the State park would:
(1)	Significantly enhance and conserve water quality in the Cape Fear River and in the area.
(2)	Further the objectives of the basinwide management plans for the Cape Fear River Basin and watershed.
(3)	Promote regional integrated ecological networks insofar as they affect water quality.
(4)	Preserve resources with significant recreational or economic value and uses.
(5)	Add to the development of a network of riparian buffer greenways bordering the Cape Fear River in the State park that would serve environmental, educational, and recreational uses.
SECTION 2.  The Legislative Research Commission shall consider the following issues related to purchasing land and developing a State park in Cumberland County and constructing and establishing a dam and reservoir on the Cape Fear River in the State park:
(1)	Whether the Department of Environment and Natural Resources should develop for budget and planning purposes estimates of the costs of the proposed project.
(2)	Whether the Department of Environment and Natural Resources should request the North Carolina Congressional Delegation to apply to the Congress of the United States for appropriations for this water resources development project.
(3)	Whether the Department of Environment and Natural Resources should apply for a grant from the Clean Water Management Trust Fund under Article 13A of Chapter 113 of the General Statutes to fund all or part of the proposed project being studied under Section 1 of this act, including the purchase of land or other interests in property.
(4)	Whether the Department of Environment and Natural Resources should use funds available for water resources development projects to assist in constructing and establishing the dam and reservoir project being studied under Section 1 of this act.
(5)	Whether the Department of Environment and Natural Resources, pursuant to G.S. 143‑355(b), should conduct an engineering study and report of the proposed water resources project consisting of constructing and establishing the dam and reservoir project being studied under Section 1 of this act.
SECTION 3.  The Division of Parks and Recreation of the Department of Environment and Natural Resources shall participate in each component of the study under Section 1 of this act and in the consideration of any issues considered by the Legislative Research Commission under Section 2 of this act.
SECTION 4.  The Legislative Research Commission shall make any recommendations and legislative proposals regarding the proposed project being studied under Section 1 and Section 2 of this act.  The Legislative Research Commission shall submit a final report to the 2003 General Assembly no later than upon its convening in 2003.
SECTION 5.  There is appropriated from the General Fund to the General Assembly the sum of twenty‑five thousand dollars ($25,000) for the 2002‑2003 fiscal year for the expenses of conducting the study under this act.
SECTION 6.  This act becomes effective July 1, 2002.