A BILL TO BE ENTITLED
AN ACT to clarify certain powers of the Department of Natural and Cultural Resources with respect to recreation and federal Recreation‑related funding and with respect to the North Carolina zoological park and to change the name of the Clean water management trust fund to the north carolina land and water preservation trust fund, as recommended by the Department.
The General Assembly of North Carolina enacts:

Statutory authority regarding recreation
SECTION 1.(a)  Subdivision (3) of G.S. 143‑320 is recodified as subdivision (3a) of G.S. 143B‑135.44.
SECTION 1.(b)  Subsections (a) and (d) of G.S. 143‑323 are recodified as subsections (a) and (b) of G.S. 143B‑135.58, to be entitled "Additional powers and duties of the Department regarding recreation."
SECTION 1.(c)  G.S. 143B‑135.58, as enacted by Section 1(b) of this act, reads as rewritten:
"§ 143B‑135.58.  Additional powers and duties of the Department regarding recreation.
(a)	Recreation. – The Department shall have the following powers and duties with respect to recreation:
(1)	To study and appraise the recreation needs of the State and to assemble and disseminate information relative to recreation.
(2)	To cooperate in the promotion and organization of local recreation systems for counties, municipalities, and other political subdivisions of the State, to aid them in the administration, finance, planning, personnel, coordination and cooperation of recreation organizations and programs.
(3)	To aid in recruiting, training, and placing recreation workers, and to promote recreation institutes and conferences.
(4)	To establish and promote recreation standards.
(5)	To cooperate with appropriate State, federal, and local agencies and private membership groups and commercial recreation interests in the promotion of recreation opportunities, and to represent the State in recreation conferences, study groups, and other matters of recreation concern.
(6)	To accept gifts, devises, and endowments. The funds, if given as an endowment, shall be invested in securities designated by the donor, or if there is no such designation, in securities in which the State sinking fund may be invested. All such gifts and devises and all proceeds from such invested endowments shall be used for carrying out the purposes for which they were made.
(7)	To advise agencies, departments, organizations and groups in the planning, application and use of federal and State funds which are assigned or administered by the State for recreation programs and services on land and water recreation areas and on which the State renders advisory or other recreation services or upon which the State exercises control.
(8)	To act jointly, when advisable, with any other State, local or federal agency, institution, private individual or group in order to better carry out the Department's objectives and responsibilities.
(b)	Federal Assistance. – The Department, with the approval of the Governor, may apply for and accept grants from the federal government and its agencies and from any foundation, corporation, association, or individual, and may comply with the terms, conditions, and limitations of the grant, in order to accomplish any of the purposes of the Department. Grant funds shall be expended pursuant to the State Budget Act. The Director of the Department's Division of Parks and Recreation shall be designated as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or any successor fund established for similar purposes, and the Secretary may designate additional personnel to assist the Director in the responsibilities imposed by this subsection."

Zoological park statutory authority
SECTION 2.(a)  The title of Part 39 of Article 2 of Chapter 143B of the General Statutes reads as rewritten:
"North Carolina Zoological Park."
SECTION 2.(b)  Part 39 of Article 2 of Chapter 143B of the General Statutes, as amended by subsection (a) of this act, is amended by adding a new section to read:
"§ 143B‑135.204.  Administration of the North Carolina Zoological Park.
(a)	The Secretary of the Department of Natural and Cultural Resources shall have the authority to administer the operations of the North Carolina Zoological Park. The Secretary's powers and duties include, but are not limited to, the following:
(1)	To adopt goals and objectives for the Zoological Park.
(2)	To advise the Zoological Park Director on the goals and objectives of the Zoological Park.
(3)	To adopt reasonable rules governing the operation of the Zoological Park, including rules regulating its use and enjoyment by the public. Nothing in this subdivision is intended to limit the power of the North Carolina Zoological Park Council to establish and set admissions fees as set forth in G.S. 143B‑135.205.
(4)	To acquire, dispose of, and develop Zoological Park property, both real and personal, in accordance with the Secretary's goals and objectives."

REname Clean Water Management Trust Fund
SECTION 3.(a)  Part 41 of Article 2 of Chapter 143B of the General Statutes reads as rewritten:
"Part 41. Land and Water Preservation Trust Fund.
"§ 143B‑135.230.  Purpose.
It is the intent of the General Assembly that moneys from the Fund created under this Part shall be used to help finance projects that enhance or restore degraded surface waters; protect and conserve surface waters, including drinking supplies, and contribute toward a network of riparian buffers and greenways for environmental, educational, and recreational benefits; provide buffers around military bases to protect the military mission; acquire land that represents the ecological diversity of North Carolina; and acquire land that contributes to the development of a balanced State program of historic properties.
"§ 143B‑135.232.  Definitions.
The following definitions apply in this Part:
(1)	Council. – The advisory council for the Land and Water Preservation Trust Fund.
(2)	Fund. – The Land and Water Preservation Trust Fund created pursuant to this Part.
(3)	Land. – Real property and any interest in, easement in, or restriction on real property.
(4)	Local government unit. – Defined in G.S. 159G‑20.
(5)	Trustees. – The trustees of the Land and Water Preservation Trust Fund.
"§ 143B‑135.234.  Land and Water Preservation Trust Fund.
(a)	Fund Established. – The Land and Water Preservation Trust Fund is established as a special revenue fund to be administered by the Department of Environmental Quality. The Fund receives revenue from the following sources and may receive revenue from other sources:
(1)	Annual appropriations.
(2)	Special registration plates under G.S. 20‑81.12.
(3)	Other special registration plates under G.S. 20‑79.7.
…
"§ 143B‑135.236.  North Carolina Conservation Easement Endowment Fund.
(a)	The North Carolina Conservation Easement Endowment Fund is established as a special fund in the Office of the State Treasurer. The principal of the Endowment Fund shall consist of a portion of grant funds transferred by the Trustees to the Endowment Fund from the Land and Water Preservation Trust Fund for stewardship activities related to projects for conservation easements funded from the Land and Water Preservation Trust Fund. The principal of the Endowment Fund may also consist of any proceeds of any gifts, grants, or contributions to the State that are specifically designated for inclusion in the Endowment Fund and any investment income that is not used in accordance with subsection (b) of this section. The State Treasurer shall hold the Endowment Fund separate and apart from all other moneys, funds, and accounts. The State Treasurer shall invest the assets of the Endowment Fund in accordance with the provisions of G.S. 147‑69.2 and G.S. 147‑69.3. The State Treasurer shall disburse the endowment investment income only upon the written direction of the Chair of the Board of Trustees. No expenditure or disbursement shall be made from the principal of the Endowment Fund.
(b)	The Trustees may authorize the disbursement of the endowment investment income only for activities related to stewardship of conservation easements owned by the State.
…
"§ 143B‑135.240.  Land and Water Preservation Trust Fund: Board of Trustees established; membership qualifications; vacancies; meetings and meeting facilities.
(a)	Board of Trustees Established. – There is established the Land and Water Preservation Trust Fund Board of Trustees. The Land and Water Preservation Trust Fund Board of Trustees shall be administratively located within the Department of Natural and Cultural Resources.
(b)	Membership. – The Land and Water Preservation Trust Fund Board of Trustees shall be composed of nine members appointed to three‑year terms as follows:
(1)	One member appointed by the Governor to a term that expires on July 1 of years that precede by one year those years that are evenly divisible by three.
(2)	One member appointed by the Governor to a term that expires on July 1 of years that follow by one year those years that are evenly divisible by three.
(3)	One member appointed by the Governor to a term that expires on July 1 of years that are evenly divisible by three.
(4)	One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires on July 1 of years that precede by one year those years that are evenly divisible by three.
(5)	One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires on July 1 of years that follow by one year those years that are evenly divisible by three.
(6)	One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires on July 1 of years that are evenly divisible by three.
(7)	One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on July 1 of years that precede by one year those years that are evenly divisible by three.
(8)	One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on July 1 of years that follow by one year those years that are evenly divisible by three.
(9)	One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on July 1 of years that are evenly divisible by three.
…
"§ 143B‑135.242.  Land and Water Preservation Trust Fund Board of Trustees: powers and duties.
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"§ 143B‑135.244.  Land and Water Preservation Trust Fund: reporting requirement.
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"§ 143B‑135.246.  Land and Water Preservation Trust Fund: Executive Director and staff.
The Secretary of Natural and Cultural Resources shall select and appoint a competent person in accordance with this section as Executive Director of the Land and Water Preservation Trust Fund Board of Trustees. The Executive Director shall be charged with the supervision of all activities under the jurisdiction of the Trustees and shall serve as the chief administrative officer of the Trustees. Subject to the approval of the Secretary of Natural and Cultural Resources, the Executive Director may employ such clerical and other assistants as may be deemed necessary.
The person selected as Executive Director shall have had training and experience in conservation, protection, and management of surface water resources. The salary of the Executive Director shall be fixed by the Secretary of Natural and Cultural Resources, and the Executive Director shall be allowed travel and subsistence expenses in accordance with G.S. 138‑6. The Executive Director's salary and expenses shall be paid from the Fund. The term of office of the Executive Director shall be at the pleasure of the Secretary of Natural and Cultural Resources.
These employees shall be exempt from the North Carolina Human Resources Act, as provided in G.S. 126‑5(c1).
"§ 143B‑135.248.  Land and Water Preservation Trust Fund: Advisory Council.
There is established the Land and Water Preservation Trust Fund Advisory Council. The Council shall advise the Trustees with regard to allocations made from the Fund, and other issues as requested by the Trustees. The Council shall be composed of the following or its designees:
(1)	Commissioner of Agriculture.
(2)	Chair of the Wildlife Resources Commission.
(3)	Secretary of Environmental Quality.
(4)	Secretary of the Department of Commerce.
(5)	Secretary of Natural and Cultural Resources."
SECTION 3.(b)  The Revisor of Statutes may conform names and titles changed by this section and may correct statutory references to the Clean Water Management Trust Fund throughout the General Statutes to effect the change to the name of the Clean Water Management Trust Fund made by this section. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions.
SECTION 3.(c)  This section becomes effective January 1, 2018.
SECTION 4.  Except as otherwise provided, this act is effective when it becomes law.