Tenn. Code Ann. § 11-4-201 — TN Code / Title 11 / Chapter 4 / Section 11-4-201
Creation - Members - Powers and duties
Status: in_force

(a) There is created within the department a state forestry commission. The commission shall consist of seven (7) members, each of whom shall be a citizen of this state, and be eighteen (18) years of age or older. Each member shall be appointed by the governor. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person appointed to serve on the commission is a member of a racial minority. (b) (1) The initial appointments of the commission shall be made by the governor in the following manner: (A) Two (2) of the members shall be the owners of not more than five hundred (500) acres of forests within the state; (B) One (1) of the members shall be the owner or representative of an owner of five hundred (500) acres or more of forests within the state; (C) One (1) of the members shall be a representative of a pulp and paper industry operating in this state; (D) One (1) of the members shall be a representative of the hardwood products industry operating in this state; (E) One (1) of the members shall be an active member of a statewide conservation organization having as one (1) of its principal objectives the conservation and use of the forest resource; and (F) The remaining member shall be appointed by the governor from the public at large. (2) Two (2) members shall be appointed for a period of two (2) years, three (3) members shall be appointed for a period of four (4) years, and two (2) members shall be appointed for a period of six (6) years, as designated by the governor in the governor's appointments. At all times at least three (3) of the members shall hold a forestry degree from an institution accredited by the Society of American Foresters and shall have at least five (5) years' experience in forest related activity. (c) Upon the expiration of such terms, appointments thereafter shall be for a period of five (5) years and until their respective successors in office have been appointed. A member shall serve no more than two (2) terms. Initial appointments shall be made and confirmed by March 1, 1985, and members shall serve until July 1 of each year in which their term expires. The position of any member shall become vacant when such member misses, without cause, more than two (2) consecutive meetings of the commission. Cause shall be determined by the commission. Appointments of new members and appointments to fill vacancies shall be confirmed by the general assembly as soon as practical but no later than the end of the first session of the general assembly following the appointment. (d) If a vacancy occurs, the governor shall appoint a person to fill the remainder of the unexpired term. The commissioners of environment and conservation and agriculture and the executive director of the Tennessee wildlife resources agency, or their designees, shall serve as nonvoting members of the commission. (e) The commission shall elect from its membership a chair, vice chair and a secretary who shall serve for a period of one (1) year. The commission shall meet at such time and place as designated by the commission or the chair thereof, but the chair shall call a meeting at least four (4) times a year. The first meeting shall be called by the commissioner of agriculture within sixty (60) days after the appointment and confirmation of the members. The division shall provide the commission with suitable meeting space and any necessary clerical and technical assistance. (f) The commission members shall receive no compensation but shall be reimbursed for their travel expenses while engaged in the work of the commission. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (g) (1) It is declared to be the legislative intent that the commission shall place first and foremost the welfare of the state's forest resources in the commission's planning and decisions, and to encourage the multiple development and use of the state's forest resources to the benefit of all of the citizens of Tennessee, including, but not limited to, the creation of a comprehensive long-range forest resource plan to integrate the division's efforts and to implement and encourage full utilization of Tennessee's forests and other related resources with sound conservation principles. (2) It is further declared that the commission be given authority by and through this chapter to formulate and recommend state forestry policies to the governor and that the commissioner shall be responsible for administering the state's forestry policies and programs through the division. (h) The commission shall have and exercise the power, duty and responsibility to formulate and recommend to the governor state forestry programs which shall include the following: (1) Adequate fire protection for all state and privately owned forests within the state; (2) The production and distribution of high quality forest tree seedlings to meet the reforestation needs in the state; (3) Promotion of reforestation; (4) Forest management assistance to landowners; (5) Educational programs for the purpose of promoting a better understanding of forest activities' values and benefits to be received from forests by the citizens of the state; (6) Distribution of information concerning the state's timber and forest resources; (7) Management of state forests; (8) Management of trees in urban areas; (9) Promotion of effective forest products utilization; (10) Promotion of the development and expansion of markets for forest products; (11) Cooperative agreements with the federal government with respect to the protection of timbered and forest-producing land from fire, insects and disease; the acquisition of forests to be developed, administered and managed as state forests; the production, procurement and distribution of trees; the implementation of an educational program; the assistance of the owners of farms to establish, improve and renew forests and other valuable forest growths; and the collection and publication of data relative to timber and forest resources or any other program which will assist the commission in fulfilling the purposes of this chapter; and (12) Protection of forest soil and the quality and quantity of water. (i) The commission is directed and authorized to perform the following duties and functions: (1) Submit names for the position of state forester in accordance with § 11-4-301(a) ; (2) Approve the annual budget as submitted to the commission by the state forester. The commission shall review the budget proposal and submit its approved budget request to the commissioner for the commissioner's consideration. Any recommended changes made in the budget request by the commissioner must be justified in writing and attached to the commission's budget request when submitted to the department of finance and administration. During the budgetary process, the commission shall have the opportunity to meet with the department of finance and administration and both the house of representatives and senate committees on finance, ways and means relative to the forestry budget proposal as recommended by the commission; (3) Make an annual report to the governor, the commissioner, the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate or their successor committees concerning the activities and accomplishments of the commission for the preceding year; (4) Recommend to the general assembly legislation to protect, conserve, and develop resources of the state; (5) Approve the division's comprehensive long-range plan for the state's forest resources; (6) Establish state forestry policies which will enable the division to manage and maintain programs of fire protection, forest pest management, reforestation, landowner assistance, utilization, marketing, communications, education and information and management of the state owned forests; and (7) Include in budget recommendations those goals and objectives to implement the state forestry policies. (j) The commission shall have access to any governmental data or information necessary to carry out this chapter. Amended by 2017 Tenn. Acts, ch. 115,s 3, eff. 4/12/2017. Amended by 2013 Tenn. Acts, ch. 236,s 6, eff. 4/19/2013. Amended by 2013 Tenn. Acts, ch. 112,Secs.s1, s2, s3, s4 eff. 4/10/2013. Acts 1937, ch. 280, § 3; 1949, ch. 282, § 1; C. Supp. 1950, § 630.7 (Williams, § 630.8); Acts 1963, ch. 28, § 1; T.C.A. (orig. ed.), § 11-402; Acts 1984, ch. 978, § 1; 1986, ch. 652, §§ 6, 47, 48; T.C.A., § 11-4-102 ; Acts 1988, ch. 1013, § 9; 1998, ch. 605, § 2; 2012, ch. 604, § 12.
(a) There is created within the department a state forestry commission. The commission shall consist of seven (7) members, each of whom shall be a citizen of this state, and be eighteen (18) years of age or older. Each member shall be appointed by the governor. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person appointed to serve on the commission is a member of a racial minority.
(b) (1) The initial appointments of the commission shall be made by the governor in the following manner: (A) Two (2) of the members shall be the owners of not more than five hundred (500) acres of forests within the state; (B) One (1) of the members shall be the owner or representative of an owner of five hundred (500) acres or more of forests within the state; (C) One (1) of the members shall be a representative of a pulp and paper industry operating in this state; (D) One (1) of the members shall be a representative of the hardwood products industry operating in this state; (E) One (1) of the members shall be an active member of a statewide conservation organization having as one (1) of its principal objectives the conservation and use of the forest resource; and (F) The remaining member shall be appointed by the governor from the public at large. (2) Two (2) members shall be appointed for a period of two (2) years, three (3) members shall be appointed for a period of four (4) years, and two (2) members shall be appointed for a period of six (6) years, as designated by the governor in the governor's appointments. At all times at least three (3) of the members shall hold a forestry degree from an institution accredited by the Society of American Foresters and shall have at least five (5) years' experience in forest related activity.
(1) The initial appointments of the commission shall be made by the governor in the following manner: (A) Two (2) of the members shall be the owners of not more than five hundred (500) acres of forests within the state; (B) One (1) of the members shall be the owner or representative of an owner of five hundred (500) acres or more of forests within the state; (C) One (1) of the members shall be a representative of a pulp and paper industry operating in this state; (D) One (1) of the members shall be a representative of the hardwood products industry operating in this state; (E) One (1) of the members shall be an active member of a statewide conservation organization having as one (1) of its principal objectives the conservation and use of the forest resource; and (F) The remaining member shall be appointed by the governor from the public at large.
(A) Two (2) of the members shall be the owners of not more than five hundred (500) acres of forests within the state;
(B) One (1) of the members shall be the owner or representative of an owner of five hundred (500) acres or more of forests within the state;
(C) One (1) of the members shall be a representative of a pulp and paper industry operating in this state;
(D) One (1) of the members shall be a representative of the hardwood products industry operating in this state;
(E) One (1) of the members shall be an active member of a statewide conservation organization having as one (1) of its principal objectives the conservation and use of the forest resource; and
(F) The remaining member shall be appointed by the governor from the public at large.
(2) Two (2) members shall be appointed for a period of two (2) years, three (3) members shall be appointed for a period of four (4) years, and two (2) members shall be appointed for a period of six (6) years, as designated by the governor in the governor's appointments. At all times at least three (3) of the members shall hold a forestry degree from an institution accredited by the Society of American Foresters and shall have at least five (5) years' experience in forest related activity.
(c) Upon the expiration of such terms, appointments thereafter shall be for a period of five (5) years and until their respective successors in office have been appointed. A member shall serve no more than two (2) terms. Initial appointments shall be made and confirmed by March 1, 1985, and members shall serve until July 1 of each year in which their term expires. The position of any member shall become vacant when such member misses, without cause, more than two (2) consecutive meetings of the commission. Cause shall be determined by the commission. Appointments of new members and appointments to fill vacancies shall be confirmed by the general assembly as soon as practical but no later than the end of the first session of the general assembly following the appointment.
(d) If a vacancy occurs, the governor shall appoint a person to fill the remainder of the unexpired term. The commissioners of environment and conservation and agriculture and the executive director of the Tennessee wildlife resources agency, or their designees, shall serve as nonvoting members of the commission.
(e) The commission shall elect from its membership a chair, vice chair and a secretary who shall serve for a period of one (1) year. The commission shall meet at such time and place as designated by the commission or the chair thereof, but the chair shall call a meeting at least four (4) times a year. The first meeting shall be called by the commissioner of agriculture within sixty (60) days after the appointment and confirmation of the members. The division shall provide the commission with suitable meeting space and any necessary clerical and technical assistance.
(f) The commission members shall receive no compensation but shall be reimbursed for their travel expenses while engaged in the work of the commission. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(g) (1) It is declared to be the legislative intent that the commission shall place first and foremost the welfare of the state's forest resources in the commission's planning and decisions, and to encourage the multiple development and use of the state's forest resources to the benefit of all of the citizens of Tennessee, including, but not limited to, the creation of a comprehensive long-range forest resource plan to integrate the division's efforts and to implement and encourage full utilization of Tennessee's forests and other related resources with sound conservation principles. (2) It is further declared that the commission be given authority by and through this chapter to formulate and recommend state forestry policies to the governor and that the commissioner shall be responsible for administering the state's forestry policies and programs through the division.
(1) It is declared to be the legislative intent that the commission shall place first and foremost the welfare of the state's forest resources in the commission's planning and decisions, and to encourage the multiple development and use of the state's forest resources to the benefit of all of the citizens of Tennessee, including, but not limited to, the creation of a comprehensive long-range forest resource plan to integrate the division's efforts and to implement and encourage full utilization of Tennessee's forests and other related resources with sound conservation principles.
(2) It is further declared that the commission be given authority by and through this chapter to formulate and recommend state forestry policies to the governor and that the commissioner shall be responsible for administering the state's forestry policies and programs through the division.
(h) The commission shall have and exercise the power, duty and responsibility to formulate and recommend to the governor state forestry programs which shall include the following: (1) Adequate fire protection for all state and privately owned forests within the state; (2) The production and distribution of high quality forest tree seedlings to meet the reforestation needs in the state; (3) Promotion of reforestation; (4) Forest management assistance to landowners; (5) Educational programs for the purpose of promoting a better understanding of forest activities' values and benefits to be received from forests by the citizens of the state; (6) Distribution of information concerning the state's timber and forest resources; (7) Management of state forests; (8) Management of trees in urban areas; (9) Promotion of effective forest products utilization; (10) Promotion of the development and expansion of markets for forest products; (11) Cooperative agreements with the federal government with respect to the protection of timbered and forest-producing land from fire, insects and disease; the acquisition of forests to be developed, administered and managed as state forests; the production, procurement and distribution of trees; the implementation of an educational program; the assistance of the owners of farms to establish, improve and renew forests and other valuable forest growths; and the collection and publication of data relative to timber and forest resources or any other program which will assist the commission in fulfilling the purposes of this chapter; and (12) Protection of forest soil and the quality and quantity of water.
(1) Adequate fire protection for all state and privately owned forests within the state;
(2) The production and distribution of high quality forest tree seedlings to meet the reforestation needs in the state;
(3) Promotion of reforestation;
(4) Forest management assistance to landowners;
(5) Educational programs for the purpose of promoting a better understanding of forest activities' values and benefits to be received from forests by the citizens of the state;
(6) Distribution of information concerning the state's timber and forest resources;
(7) Management of state forests;
(8) Management of trees in urban areas;
(9) Promotion of effective forest products utilization;
(10) Promotion of the development and expansion of markets for forest products;
(11) Cooperative agreements with the federal government with respect to the protection of timbered and forest-producing land from fire, insects and disease; the acquisition of forests to be developed, administered and managed as state forests; the production, procurement and distribution of trees; the implementation of an educational program; the assistance of the owners of farms to establish, improve and renew forests and other valuable forest growths; and the collection and publication of data relative to timber and forest resources or any other program which will assist the commission in fulfilling the purposes of this chapter; and
(12) Protection of forest soil and the quality and quantity of water.
(i) The commission is directed and authorized to perform the following duties and functions: (1) Submit names for the position of state forester in accordance with § 11-4-301(a) ; (2) Approve the annual budget as submitted to the commission by the state forester. The commission shall review the budget proposal and submit its approved budget request to the commissioner for the commissioner's consideration. Any recommended changes made in the budget request by the commissioner must be justified in writing and attached to the commission's budget request when submitted to the department of finance and administration. During the budgetary process, the commission shall have the opportunity to meet with the department of finance and administration and both the house of representatives and senate committees on finance, ways and means relative to the forestry budget proposal as recommended by the commission; (3) Make an annual report to the governor, the commissioner, the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate or their successor committees concerning the activities and accomplishments of the commission for the preceding year; (4) Recommend to the general assembly legislation to protect, conserve, and develop resources of the state; (5) Approve the division's comprehensive long-range plan for the state's forest resources; (6) Establish state forestry policies which will enable the division to manage and maintain programs of fire protection, forest pest management, reforestation, landowner assistance, utilization, marketing, communications, education and information and management of the state owned forests; and (7) Include in budget recommendations those goals and objectives to implement the state forestry policies.
(1) Submit names for the position of state forester in accordance with § 11-4-301(a) ;
(2) Approve the annual budget as submitted to the commission by the state forester. The commission shall review the budget proposal and submit its approved budget request to the commissioner for the commissioner's consideration. Any recommended changes made in the budget request by the commissioner must be justified in writing and attached to the commission's budget request when submitted to the department of finance and administration. During the budgetary process, the commission shall have the opportunity to meet with the department of finance and administration and both the house of representatives and senate committees on finance, ways and means relative to the forestry budget proposal as recommended by the commission;
(3) Make an annual report to the governor, the commissioner, the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate or their successor committees concerning the activities and accomplishments of the commission for the preceding year;
(4) Recommend to the general assembly legislation to protect, conserve, and develop resources of the state;
(5) Approve the division's comprehensive long-range plan for the state's forest resources;
(6) Establish state forestry policies which will enable the division to manage and maintain programs of fire protection, forest pest management, reforestation, landowner assistance, utilization, marketing, communications, education and information and management of the state owned forests; and
(7) Include in budget recommendations those goals and objectives to implement the state forestry policies.
(j) The commission shall have access to any governmental data or information necessary to carry out this chapter.
Amended by 2017 Tenn. Acts, ch. 115,s 3, eff. 4/12/2017.
Amended by 2013 Tenn. Acts, ch. 236,s 6, eff. 4/19/2013.
Amended by 2013 Tenn. Acts, ch. 112,Secs.s1, s2, s3, s4 eff. 4/10/2013.
Acts 1937, ch. 280, § 3; 1949, ch. 282, § 1; C. Supp. 1950, § 630.7 (Williams, § 630.8); Acts 1963, ch. 28, § 1; T.C.A. (orig. ed.), § 11-402; Acts 1984, ch. 978, § 1; 1986, ch. 652, §§ 6, 47, 48; T.C.A., § 11-4-102 ; Acts 1988, ch. 1013, § 9; 1998, ch. 605, § 2; 2012, ch. 604, § 12.
Tenn. Code Ann. § 11-11-118 — TN Code / Title 11 / Chapter 11 / Section 11-11-118
Relocation procedure
Status: in_force

(a) Segments of the state trails may be relocated when such relocation is deemed necessary to preserve or enhance the values for which the trail was established. (b) Relocation may be accomplished by the department after consultation with other governmental agencies involved, and following publication of notice in a newspaper of general circulation, together with maps and descriptions. (c) In establishing the new location and right-of-way, the procedures set forth in §§ 11-11-109 - 11-11-113 shall be followed. Acts 1971, ch. 103, § 18; T.C.A., § 11-1618.
(a) Segments of the state trails may be relocated when such relocation is deemed necessary to preserve or enhance the values for which the trail was established.
(b) Relocation may be accomplished by the department after consultation with other governmental agencies involved, and following publication of notice in a newspaper of general circulation, together with maps and descriptions.
(c) In establishing the new location and right-of-way, the procedures set forth in §§ 11-11-109 - 11-11-113 shall be followed.
Acts 1971, ch. 103, § 18; T.C.A., § 11-1618.
Tenn. Code Ann. § 11-14-110 — TN Code / Title 11 / Chapter 14 / Section 11-14-110
Acquisition of property
Status: in_force

Within the boundaries of any Class I or Class II area included within the system, except those belonging to local governments, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or if applicable, and preferably, interest in land in the form of conservation easements. Easements should especially be sought in establishment of trails or other narrow, elongated or extensive land uses. Acquisition of land in fee or of any interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise. In acquiring property or property interests, as herein defined, the commissioner shall have the powers set forth in title 29, chapter 16, as heretofore or hereinafter amended, or under any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. No area shall be added to this part except by an act of the general assembly. Acts 1971, ch. 116, § 10; T.C.A., § 11-1710; Acts 1981, ch. 361, § 13.
Within the boundaries of any Class I or Class II area included within the system, except those belonging to local governments, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or if applicable, and preferably, interest in land in the form of conservation easements. Easements should especially be sought in establishment of trails or other narrow, elongated or extensive land uses. Acquisition of land in fee or of any interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise. In acquiring property or property interests, as herein defined, the commissioner shall have the powers set forth in title 29, chapter 16, as heretofore or hereinafter amended, or under any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. No area shall be added to this part except by an act of the general assembly.
Acts 1971, ch. 116, § 10; T.C.A., § 11-1710; Acts 1981, ch. 361, § 13.
Tenn. Code Ann. § 11-11-107 — TN Code / Title 11 / Chapter 11 / Section 11-11-107
Establishment of scenic or recreation trails
Status: in_force

(a) State scenic trails shall be authorized and designated only by an act of the general assembly. (b) The department may establish and designate state recreation trails on lands administered by the department; and/or on lands under the jurisdiction of a state department, political subdivision, or private lands providing: (1) Such trails are reasonably accessible to urban areas; (2) Such trails meet the criteria established in this chapter and such supplementary criteria as may be prescribed; and/or (3) Fee simple, conservation easements or other rights are obtained from a private landowner through which a state recreation trail may pass. The department may establish and designate state recreation trails on lands under the jurisdiction of a federal agency, when in the opinion of the federal agency and the commissioner such lands may be so developed under federal law and subdivisions (b)(1) and (2). (c) As provided in this section, trails within park, forest, recreation areas, state natural areas, or any other public area may be established and designated as "state recreation trails" by the department. (d) Connecting or side trails within park, forest, recreation area or natural area may be established, designated, and marked as components of a state recreation or state scenic trail. Acts 1971, ch. 103, § 7; T.C.A., § 11-1607; Acts 1981, ch. 361, § 10.
(a) State scenic trails shall be authorized and designated only by an act of the general assembly.
(b) The department may establish and designate state recreation trails on lands administered by the department; and/or on lands under the jurisdiction of a state department, political subdivision, or private lands providing: (1) Such trails are reasonably accessible to urban areas; (2) Such trails meet the criteria established in this chapter and such supplementary criteria as may be prescribed; and/or (3) Fee simple, conservation easements or other rights are obtained from a private landowner through which a state recreation trail may pass. The department may establish and designate state recreation trails on lands under the jurisdiction of a federal agency, when in the opinion of the federal agency and the commissioner such lands may be so developed under federal law and subdivisions (b)(1) and (2).
(1) Such trails are reasonably accessible to urban areas;
(2) Such trails meet the criteria established in this chapter and such supplementary criteria as may be prescribed; and/or
(3) Fee simple, conservation easements or other rights are obtained from a private landowner through which a state recreation trail may pass. The department may establish and designate state recreation trails on lands under the jurisdiction of a federal agency, when in the opinion of the federal agency and the commissioner such lands may be so developed under federal law and subdivisions (b)(1) and (2).
(c) As provided in this section, trails within park, forest, recreation areas, state natural areas, or any other public area may be established and designated as "state recreation trails" by the department.
(d) Connecting or side trails within park, forest, recreation area or natural area may be established, designated, and marked as components of a state recreation or state scenic trail.
Acts 1971, ch. 103, § 7; T.C.A., § 11-1607; Acts 1981, ch. 361, § 10.
Tenn. Code Ann. § 11-8-104 — TN Code / Title 11 / Chapter 8 / Section 11-8-104
Ocoee River recreation and economic development fund board
Status: in_force

(a) On July 1, 2018, there is established the Ocoee River recreation and economic development fund board. The board shall be attached to the department of environment and conservation for administrative purposes, but shall be independent of the department. (b) (1) The board shall consist of nine (9) voting members as follows: (A) The manager of the Hiwassee/Ocoee Scenic River State Park; (B) The comptroller of the treasury, or the comptroller's designee; (C) The state treasurer, or the treasurer's designee; (D) The Polk County mayor; (E) One (1) member, appointed by the governor, who represents economic development interests; (F) One (1) member, appointed by the governor, who represents private boater interests; and (G) Three (3) members, appointed by the governor, who are Ocoee River management zone commercial permit holders. (2) The following shall serve as ex officio, nonvoting members of the board: (A) The commissioner of environment and conservation, or the commissioner's designee; (B) The commissioner of tourism, or the commissioner's designee; (C) The commissioner of economic and community development, or the commissioner's designee; (D) The executive director of the wildlife resources agency, or the executive director's designee; (E) The member of the house of representatives whose legislative district includes the majority of the Ocoee River management zone; and (F) The member of the senate whose legislative district includes the majority of the Ocoee River management zone. (c) Appointed board members shall serve four-year, renewable terms. In order that the members of the board serve staggered terms, the initial appointments to the board shall consist of: (1) One (1) commercial permit holder member to serve a term of two (2) years; (2) One (1) commercial permit holder member and one (1) private boater member to serve a term of three (3) years; and (3) One (1) commercial permit holder member and one (1) economic development member to serve a term of four (4) years. (d) The initial members of the board shall be appointed by June 15, 2018, and take office on July 1, 2018. All subsequent appointments shall be made by June 15, begin on July 1, and expire on June 30 of the appropriate years. (e) Should a board position become vacant through resignation, removal, or other cause, the governor shall appoint a new member to serve the unexpired term. A board member shall continue to serve on the board after the expiration of the member's term until a new member is appointed. (f) Seven (7) members of the board shall constitute a quorum for the purpose of conducting business. (g) Board members shall receive no compensation for their service on the board, but may be reimbursed for those expenses allowed by the comprehensive travel regulations, as promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2018 Tenn. Acts, ch. 753,s 2, eff. 4/18/2018. Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
(a) On July 1, 2018, there is established the Ocoee River recreation and economic development fund board. The board shall be attached to the department of environment and conservation for administrative purposes, but shall be independent of the department.
(b) (1) The board shall consist of nine (9) voting members as follows: (A) The manager of the Hiwassee/Ocoee Scenic River State Park; (B) The comptroller of the treasury, or the comptroller's designee; (C) The state treasurer, or the treasurer's designee; (D) The Polk County mayor; (E) One (1) member, appointed by the governor, who represents economic development interests; (F) One (1) member, appointed by the governor, who represents private boater interests; and (G) Three (3) members, appointed by the governor, who are Ocoee River management zone commercial permit holders. (2) The following shall serve as ex officio, nonvoting members of the board: (A) The commissioner of environment and conservation, or the commissioner's designee; (B) The commissioner of tourism, or the commissioner's designee; (C) The commissioner of economic and community development, or the commissioner's designee; (D) The executive director of the wildlife resources agency, or the executive director's designee; (E) The member of the house of representatives whose legislative district includes the majority of the Ocoee River management zone; and (F) The member of the senate whose legislative district includes the majority of the Ocoee River management zone.
(1) The board shall consist of nine (9) voting members as follows: (A) The manager of the Hiwassee/Ocoee Scenic River State Park; (B) The comptroller of the treasury, or the comptroller's designee; (C) The state treasurer, or the treasurer's designee; (D) The Polk County mayor; (E) One (1) member, appointed by the governor, who represents economic development interests; (F) One (1) member, appointed by the governor, who represents private boater interests; and (G) Three (3) members, appointed by the governor, who are Ocoee River management zone commercial permit holders.
(A) The manager of the Hiwassee/Ocoee Scenic River State Park;
(B) The comptroller of the treasury, or the comptroller's designee;
(C) The state treasurer, or the treasurer's designee;
(D) The Polk County mayor;
(E) One (1) member, appointed by the governor, who represents economic development interests;
(F) One (1) member, appointed by the governor, who represents private boater interests; and
(G) Three (3) members, appointed by the governor, who are Ocoee River management zone commercial permit holders.
(2) The following shall serve as ex officio, nonvoting members of the board: (A) The commissioner of environment and conservation, or the commissioner's designee; (B) The commissioner of tourism, or the commissioner's designee; (C) The commissioner of economic and community development, or the commissioner's designee; (D) The executive director of the wildlife resources agency, or the executive director's designee; (E) The member of the house of representatives whose legislative district includes the majority of the Ocoee River management zone; and (F) The member of the senate whose legislative district includes the majority of the Ocoee River management zone.
(A) The commissioner of environment and conservation, or the commissioner's designee;
(B) The commissioner of tourism, or the commissioner's designee;
(C) The commissioner of economic and community development, or the commissioner's designee;
(D) The executive director of the wildlife resources agency, or the executive director's designee;
(E) The member of the house of representatives whose legislative district includes the majority of the Ocoee River management zone; and
(F) The member of the senate whose legislative district includes the majority of the Ocoee River management zone.
(c) Appointed board members shall serve four-year, renewable terms. In order that the members of the board serve staggered terms, the initial appointments to the board shall consist of: (1) One (1) commercial permit holder member to serve a term of two (2) years; (2) One (1) commercial permit holder member and one (1) private boater member to serve a term of three (3) years; and (3) One (1) commercial permit holder member and one (1) economic development member to serve a term of four (4) years.
(1) One (1) commercial permit holder member to serve a term of two (2) years;
(2) One (1) commercial permit holder member and one (1) private boater member to serve a term of three (3) years; and
(3) One (1) commercial permit holder member and one (1) economic development member to serve a term of four (4) years.
(d) The initial members of the board shall be appointed by June 15, 2018, and take office on July 1, 2018. All subsequent appointments shall be made by June 15, begin on July 1, and expire on June 30 of the appropriate years.
(e) Should a board position become vacant through resignation, removal, or other cause, the governor shall appoint a new member to serve the unexpired term. A board member shall continue to serve on the board after the expiration of the member's term until a new member is appointed.
(f) Seven (7) members of the board shall constitute a quorum for the purpose of conducting business.
(g) Board members shall receive no compensation for their service on the board, but may be reimbursed for those expenses allowed by the comprehensive travel regulations, as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2018 Tenn. Acts, ch. 753,s 2, eff. 4/18/2018.
Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
Tenn. Code Ann. § 11-1-101 — TN Code / Title 11 / Chapter 1 / Section 11-1-101
Organization of department - Authority of commissioner - Historical commission
Status: in_force

(a) The department of environment and conservation shall be under the charge and general supervision of the commissioner of environment and conservation, who shall have the same official status as other commissioners. (b) The commissioner is authorized to establish divisions, bureaus or other organizational units necessary to carry out the duties imposed upon the commissioner and the department. (c) The commissioner is authorized to appoint such deputy and assistant commissioners as may be necessary to discharge the powers and duties of the department. In the event of absence or incapacity of the commissioner or in the event of a vacancy in the office of the commissioner, an appropriate person designated by the governor may be authorized in accordance with § 4-4-115 , to exercise any and all of the powers of the commissioner until such time as the duly appointed commissioner can fulfill such commissioner's responsibilities. (d) The commissioner is authorized to delegate any of the powers, duties, responsibilities or authority vested in the commissioner by the laws of the state of Tennessee. (e) The commissioner may adopt, promulgate and enforce such rules and regulations necessary to carry out such commissioner's duties and responsibilities. (f) The commissioner is also authorized to adopt, promulgate and enforce rules and regulations establishing fees and charges for departmental services including, but not limited to, licenses, permits, or authorizations rendered pursuant to or required by any statute administered by the department. (g) The department shall have transferred and attached to it the Tennessee historical commission, for purposes of administration. (h) (1) In addition to the authority granted by chapters 3 and 6 of this title, the commissioner is authorized to commission as environmental investigation law enforcement officers those employees of the department who have successfully met standards of initial and recurrent training and qualification established by the commissioner pursuant to this subsection (h) for the commissioning of employees as environmental investigation law enforcement officers. The standards must be substantially equivalent to those established by the Tennessee peace officer standards and training commission. (2) (A) For the sole purpose of carrying out the scope of assigned duties regarding environmentally-related criminal offenses within the jurisdiction of the department as specified or limited in the sole discretion of the commissioner, each employee commissioned pursuant to subdivision (h)(1) shall have all the powers and protections of a law enforcement officer throughout this state, including, but not limited to, the authority to: (i) Make arrests for public offenses, execute all warrants, and serve process in criminal and penal prosecutions for such offenses; (ii) Carry weapons for the reasonable purposes of the employee's office while in the performance of the employee's assigned duties; and (iii) Assist other local, state, and federal agencies in their law enforcement duties. (B) When on duty, each employee commissioned pursuant to subdivision (h)(1) shall carry on the employee's person a badge and identification card that identify the commissioned employee as an officer of the department of environment and conservation. The commissioned employee shall exhibit the badge and identification card on demand and prior to making an arrest. Amended by 2021 Tenn. Acts, ch. 135,s 1, eff. 4/13/2021. Acts 1937, ch. 33, § 70; C. Supp. 1950, § 255.63 (Williams, § 255.73); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; Acts 1975, ch. 143, § 1; T.C.A. (orig. ed.), § 11-101; Acts 1992, ch. 693, § 9.
(a) The department of environment and conservation shall be under the charge and general supervision of the commissioner of environment and conservation, who shall have the same official status as other commissioners.
(b) The commissioner is authorized to establish divisions, bureaus or other organizational units necessary to carry out the duties imposed upon the commissioner and the department.
(c) The commissioner is authorized to appoint such deputy and assistant commissioners as may be necessary to discharge the powers and duties of the department. In the event of absence or incapacity of the commissioner or in the event of a vacancy in the office of the commissioner, an appropriate person designated by the governor may be authorized in accordance with § 4-4-115 , to exercise any and all of the powers of the commissioner until such time as the duly appointed commissioner can fulfill such commissioner's responsibilities.
(d) The commissioner is authorized to delegate any of the powers, duties, responsibilities or authority vested in the commissioner by the laws of the state of Tennessee.
(e) The commissioner may adopt, promulgate and enforce such rules and regulations necessary to carry out such commissioner's duties and responsibilities.
(f) The commissioner is also authorized to adopt, promulgate and enforce rules and regulations establishing fees and charges for departmental services including, but not limited to, licenses, permits, or authorizations rendered pursuant to or required by any statute administered by the department.
(g) The department shall have transferred and attached to it the Tennessee historical commission, for purposes of administration.
(h) (1) In addition to the authority granted by chapters 3 and 6 of this title, the commissioner is authorized to commission as environmental investigation law enforcement officers those employees of the department who have successfully met standards of initial and recurrent training and qualification established by the commissioner pursuant to this subsection (h) for the commissioning of employees as environmental investigation law enforcement officers. The standards must be substantially equivalent to those established by the Tennessee peace officer standards and training commission. (2) (A) For the sole purpose of carrying out the scope of assigned duties regarding environmentally-related criminal offenses within the jurisdiction of the department as specified or limited in the sole discretion of the commissioner, each employee commissioned pursuant to subdivision (h)(1) shall have all the powers and protections of a law enforcement officer throughout this state, including, but not limited to, the authority to: (i) Make arrests for public offenses, execute all warrants, and serve process in criminal and penal prosecutions for such offenses; (ii) Carry weapons for the reasonable purposes of the employee's office while in the performance of the employee's assigned duties; and (iii) Assist other local, state, and federal agencies in their law enforcement duties. (B) When on duty, each employee commissioned pursuant to subdivision (h)(1) shall carry on the employee's person a badge and identification card that identify the commissioned employee as an officer of the department of environment and conservation. The commissioned employee shall exhibit the badge and identification card on demand and prior to making an arrest.
(1) In addition to the authority granted by chapters 3 and 6 of this title, the commissioner is authorized to commission as environmental investigation law enforcement officers those employees of the department who have successfully met standards of initial and recurrent training and qualification established by the commissioner pursuant to this subsection (h) for the commissioning of employees as environmental investigation law enforcement officers. The standards must be substantially equivalent to those established by the Tennessee peace officer standards and training commission.
(2) (A) For the sole purpose of carrying out the scope of assigned duties regarding environmentally-related criminal offenses within the jurisdiction of the department as specified or limited in the sole discretion of the commissioner, each employee commissioned pursuant to subdivision (h)(1) shall have all the powers and protections of a law enforcement officer throughout this state, including, but not limited to, the authority to: (i) Make arrests for public offenses, execute all warrants, and serve process in criminal and penal prosecutions for such offenses; (ii) Carry weapons for the reasonable purposes of the employee's office while in the performance of the employee's assigned duties; and (iii) Assist other local, state, and federal agencies in their law enforcement duties. (B) When on duty, each employee commissioned pursuant to subdivision (h)(1) shall carry on the employee's person a badge and identification card that identify the commissioned employee as an officer of the department of environment and conservation. The commissioned employee shall exhibit the badge and identification card on demand and prior to making an arrest.
(A) For the sole purpose of carrying out the scope of assigned duties regarding environmentally-related criminal offenses within the jurisdiction of the department as specified or limited in the sole discretion of the commissioner, each employee commissioned pursuant to subdivision (h)(1) shall have all the powers and protections of a law enforcement officer throughout this state, including, but not limited to, the authority to: (i) Make arrests for public offenses, execute all warrants, and serve process in criminal and penal prosecutions for such offenses; (ii) Carry weapons for the reasonable purposes of the employee's office while in the performance of the employee's assigned duties; and (iii) Assist other local, state, and federal agencies in their law enforcement duties.
(i) Make arrests for public offenses, execute all warrants, and serve process in criminal and penal prosecutions for such offenses;
(ii) Carry weapons for the reasonable purposes of the employee's office while in the performance of the employee's assigned duties; and
(iii) Assist other local, state, and federal agencies in their law enforcement duties.
(B) When on duty, each employee commissioned pursuant to subdivision (h)(1) shall carry on the employee's person a badge and identification card that identify the commissioned employee as an officer of the department of environment and conservation. The commissioned employee shall exhibit the badge and identification card on demand and prior to making an arrest.
Amended by 2021 Tenn. Acts, ch. 135,s 1, eff. 4/13/2021.
Acts 1937, ch. 33, § 70; C. Supp. 1950, § 255.63 (Williams, § 255.73); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; Acts 1975, ch. 143, § 1; T.C.A. (orig. ed.), § 11-101; Acts 1992, ch. 693, § 9.
Tenn. Code Ann. § 11-14-305 — TN Code / Title 11 / Chapter 14 / Section 11-14-305
Source of revenue
Status: in_force

(a) Except as otherwise provided in subsection (b), the state treasurer shall deposit and hold all revenues from the following sources in the trust fund: (1) Royalties, lease payments, or other revenues collected under leases or other agreements for the extraction of, or right to extract, any state-owned minerals from the land, and the proceeds from the disposal of state-owned mineral interests in land, including state-owned minerals and mineral interests under navigable streams and other waters; (2) Proceeds from the sale or other conveyance of state-owned real property, including any interest therein; (3) Bequests, grants, contributions and appropriations which are designated or authorized for receipt into the trust fund; and (4) Trust fund investment income, less reasonable expenses for investing the trust fund assets. (b) The following revenues are excluded from the trust fund: (1) Proceeds necessary to pay administration and disposal costs; (2) Rental income from nonmineral interests; (3) Proceeds from the sale and conveyance of real property made with the purpose of acquiring or constructing improvements on other real property to replace that which was conveyed, as determined by the commissioner of finance and administration at the time of the conveyance; (4) Proceeds from the disposal of minerals excavated incidental to highway or other construction; (5) Proceeds which, because of federal laws or regulations, are restricted to uses which prevent their being placed in the trust fund; (6) Proceeds from the sale and conveyance of property deemed surplus right-of-way by the department of transportation under § 12-2-112(a)(7) ; (7) Proceeds from the sale and conveyance of property by a college or university if those funds are controlled by § 49-8-111 ; (8) Proceeds from the disposal of timber; (9) Proceeds from the sale and conveyance of property which is otherwise specified by statute as restricted to some other use; (10) Proceeds from the sale and conveyance of improved property if the appraised fair market value of the improvements exceeds the appraised fair market value of the land, as determined by the commissioner of finance and administration; (11) Proceeds from the sale and conveyance of property by the University of Tennessee; and (12) Proceeds described in subdivision (a)(1), which are generated from lands in Campbell and Scott counties which make up the Royal Blue wildlife management area. These proceeds shall be dedicated for use by the wildlife resources agency to manage and maintain the Royal Blue wildlife management area. (c) The state treasurer is authorized to deposit, hold, invest and manage in the trust fund, subject to this part, any money received pursuant to any bequest, grant or contribution to the state from any person, firm, association, corporation, estate, trust, or other entity, including the United States or any agency thereof; provided, that the bequest, grant or contribution is designated or authorized to be so held and used. The state treasurer is also authorized to receive any security, as defined in § 47-8-102 , or other property, pursuant to any such bequest, grant or contribution, and to hold, sell, invest, reinvest and manage the same in the trust fund, or to sell the same and reinvest the proceeds if it is not a lawful investment under the constitution and laws of this state. Acts 1985, ch. 189, § 5; 1986, ch. 768, § 1; 1998, ch. 778, § 1.
(a) Except as otherwise provided in subsection (b), the state treasurer shall deposit and hold all revenues from the following sources in the trust fund: (1) Royalties, lease payments, or other revenues collected under leases or other agreements for the extraction of, or right to extract, any state-owned minerals from the land, and the proceeds from the disposal of state-owned mineral interests in land, including state-owned minerals and mineral interests under navigable streams and other waters; (2) Proceeds from the sale or other conveyance of state-owned real property, including any interest therein; (3) Bequests, grants, contributions and appropriations which are designated or authorized for receipt into the trust fund; and (4) Trust fund investment income, less reasonable expenses for investing the trust fund assets.
(1) Royalties, lease payments, or other revenues collected under leases or other agreements for the extraction of, or right to extract, any state-owned minerals from the land, and the proceeds from the disposal of state-owned mineral interests in land, including state-owned minerals and mineral interests under navigable streams and other waters;
(2) Proceeds from the sale or other conveyance of state-owned real property, including any interest therein;
(3) Bequests, grants, contributions and appropriations which are designated or authorized for receipt into the trust fund; and
(4) Trust fund investment income, less reasonable expenses for investing the trust fund assets.
(b) The following revenues are excluded from the trust fund: (1) Proceeds necessary to pay administration and disposal costs; (2) Rental income from nonmineral interests; (3) Proceeds from the sale and conveyance of real property made with the purpose of acquiring or constructing improvements on other real property to replace that which was conveyed, as determined by the commissioner of finance and administration at the time of the conveyance; (4) Proceeds from the disposal of minerals excavated incidental to highway or other construction; (5) Proceeds which, because of federal laws or regulations, are restricted to uses which prevent their being placed in the trust fund; (6) Proceeds from the sale and conveyance of property deemed surplus right-of-way by the department of transportation under § 12-2-112(a)(7) ; (7) Proceeds from the sale and conveyance of property by a college or university if those funds are controlled by § 49-8-111 ; (8) Proceeds from the disposal of timber; (9) Proceeds from the sale and conveyance of property which is otherwise specified by statute as restricted to some other use; (10) Proceeds from the sale and conveyance of improved property if the appraised fair market value of the improvements exceeds the appraised fair market value of the land, as determined by the commissioner of finance and administration; (11) Proceeds from the sale and conveyance of property by the University of Tennessee; and (12) Proceeds described in subdivision (a)(1), which are generated from lands in Campbell and Scott counties which make up the Royal Blue wildlife management area. These proceeds shall be dedicated for use by the wildlife resources agency to manage and maintain the Royal Blue wildlife management area.
(1) Proceeds necessary to pay administration and disposal costs;
(2) Rental income from nonmineral interests;
(3) Proceeds from the sale and conveyance of real property made with the purpose of acquiring or constructing improvements on other real property to replace that which was conveyed, as determined by the commissioner of finance and administration at the time of the conveyance;
(4) Proceeds from the disposal of minerals excavated incidental to highway or other construction;
(5) Proceeds which, because of federal laws or regulations, are restricted to uses which prevent their being placed in the trust fund;
(6) Proceeds from the sale and conveyance of property deemed surplus right-of-way by the department of transportation under § 12-2-112(a)(7) ;
(7) Proceeds from the sale and conveyance of property by a college or university if those funds are controlled by § 49-8-111 ;
(8) Proceeds from the disposal of timber;
(9) Proceeds from the sale and conveyance of property which is otherwise specified by statute as restricted to some other use;
(10) Proceeds from the sale and conveyance of improved property if the appraised fair market value of the improvements exceeds the appraised fair market value of the land, as determined by the commissioner of finance and administration;
(11) Proceeds from the sale and conveyance of property by the University of Tennessee; and
(12) Proceeds described in subdivision (a)(1), which are generated from lands in Campbell and Scott counties which make up the Royal Blue wildlife management area. These proceeds shall be dedicated for use by the wildlife resources agency to manage and maintain the Royal Blue wildlife management area.
(c) The state treasurer is authorized to deposit, hold, invest and manage in the trust fund, subject to this part, any money received pursuant to any bequest, grant or contribution to the state from any person, firm, association, corporation, estate, trust, or other entity, including the United States or any agency thereof; provided, that the bequest, grant or contribution is designated or authorized to be so held and used. The state treasurer is also authorized to receive any security, as defined in § 47-8-102 , or other property, pursuant to any such bequest, grant or contribution, and to hold, sell, invest, reinvest and manage the same in the trust fund, or to sell the same and reinvest the proceeds if it is not a lawful investment under the constitution and laws of this state.
Acts 1985, ch. 189, § 5; 1986, ch. 768, § 1; 1998, ch. 778, § 1.
Tenn. Code Ann. § 11-1-113 — TN Code / Title 11 / Chapter 1 / Section 11-1-113
Grants for utility systems - "Utility system" defined
Status: in_force

(a) Subject to the approval of the state building commission, the commissioner of environment and conservation is hereby authorized to make grants, as funds are available, to any municipality, county, town or city, utility district, public utility, or any authority, corporation, association or other organization which provides utility services, in order to assist in providing utility service to any state park, forest, or any unit of the Tennessee outdoor recreation area system authorized by § 11-3-103 . Such grant shall be for construction purposes only, and shall be directly proportional to the benefits accruing to the state facility by the utility system. (b) "Utility system" includes water, sewerage, electric and solid waste. Acts 1974, ch. 445, § 1; T.C.A., § 11-113; Acts 1986, ch. 912, § 3.
(a) Subject to the approval of the state building commission, the commissioner of environment and conservation is hereby authorized to make grants, as funds are available, to any municipality, county, town or city, utility district, public utility, or any authority, corporation, association or other organization which provides utility services, in order to assist in providing utility service to any state park, forest, or any unit of the Tennessee outdoor recreation area system authorized by § 11-3-103 . Such grant shall be for construction purposes only, and shall be directly proportional to the benefits accruing to the state facility by the utility system.
(b) "Utility system" includes water, sewerage, electric and solid waste.
Acts 1974, ch. 445, § 1; T.C.A., § 11-113; Acts 1986, ch. 912, § 3.
Tenn. Code Ann. § 11-25-107 — TN Code / Title 11 / Chapter 25 / Section 11-25-107
Powers of the authority - No permit for solid waste management facility shall be issued
Status: in_force

(a) The authority has the following powers necessary for carrying out the purposes set forth in this chapter to: (1) Adopt a seal; (2) Sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties; (3) Purchase, hold, sell and convey land and personal property, and execute such contracts as may be deemed necessary or convenient by the board to enable it to properly carry out the purposes for which it is organized; (4) Conserve the natural resources of real property owned and managed by the authority, including the land, timber, and waters, and the department of conservation and environment for transfers of lands for wildlife management areas and/or natural areas; (5) Contract for the construction of projects, and other proposed works and improvements; (6) Contract for professional services and other assistance, including, but not limited to, legal, architectural, engineering, financial, accounting, and human resources professionals, as its board in its sole discretion deems necessary, the cost of such services comprising an obligation of the authority and paid in the same manner as any other expenses of the authority; (7) Construct any drainage works or improvements; to construct any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct facilities, projects, park areas, and other recreational facilities, and repair, improve and maintain any of such improvements or structures; (8) Acquire personal property by gift or purchase; (9) Acquire or sell authority-owned land, or any interest in land, including leasehold interests, by gift, bequest, sale, or purchase. Any sale or disposal of land must have the approval of the state building commission; (10) Borrow money from time to time and, in evidence of any obligation incurred, issue and, pursuant to § 11-25-115 , sell its revenue bonds in accordance with this chapter and the applicable provisions of title 9, chapter 21, in such form and upon such terms as its board of directors may determine, payable out of any revenues of the authority, including grants or contributions or other revenues specifically provided to the authority, for the purpose of financing the cost of any project and refund and refinance, from time to time, bonds so issued and sold, as often as may be deemed to be advantageous by the board of directors; (11) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and with watershed districts, drainage districts, counties, conservation districts, levee districts, counties, cities, quasi-municipalities, utility districts, and other similar corporations or agencies of the state of Tennessee, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state and federal agencies, including, but not limited to, the department of agriculture, department of environment and conservation, wildlife resources agency, Tennessee Valley authority, or any other federal agency, and to enter into cooperative contracts and agreements with any such districts, corporations or agencies; (12) Select a residence or home office for the authority, which shall be at a place designated by the board; (13) Receive contributions or grants from counties, cities and towns, any state or federal agency, or from any other source; (14) Acquire water rights and distribute or sell water for irrigation or for other purposes, either within or without the boundaries of the authority; (15) Provide recreational facilities; (16) Lease authority-owned lands for timbering, or other purposes consistent with the purposes set forth in § 11-25-102(b) ; (17) Contract for all materials, supplies, equipment, personnel, and services necessary for the proper administration of the authority; (18) Publish and maintain a website for any purpose set forth in this chapter; (19) Expend funds for any purpose set forth in this chapter; (20) Take such steps as deemed necessary by its board of directors for the promotion and protection of the environment within the boundaries of the authority, and enter into agreements with private nonprofit corporations, the department of environment and conservation, the division of forestry, the wildlife resources agency, or any other federal, state or local agency for that purpose; (21) Take such steps as deemed necessary for fire prevention, and for this purpose to enter into cooperative agreements with the division of forestry, or any other federal, state or local agency and volunteer fire departments; (22) Contract for the operation of concessions on or in any of the properties owned, managed, or leased by the authority; (23) Advertise within and without the state any of the recreational facilities, opportunities, or events, of the authority; (24) Enter into agreements for payments in lieu of any tax assessment by any city or county; (25) Make all needful rules, regulations and bylaws for the management and conduct of the affairs of the authority and of the board; and (26) Establish, charge and collect user fees, which will be used solely to support the operation and maintenance of the authority. (b) None of the powers enumerated in subsection (a) shall be exhausted by use but shall be continuous and perpetual throughout the life of the authority. (c) No permit for any solid waste management facility shall be issued by the commissioner of environment and conservation for any site located on property owned or managed by the authority. Acts 2012, ch. 1106, § 1.
(a) The authority has the following powers necessary for carrying out the purposes set forth in this chapter to: (1) Adopt a seal; (2) Sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties; (3) Purchase, hold, sell and convey land and personal property, and execute such contracts as may be deemed necessary or convenient by the board to enable it to properly carry out the purposes for which it is organized; (4) Conserve the natural resources of real property owned and managed by the authority, including the land, timber, and waters, and the department of conservation and environment for transfers of lands for wildlife management areas and/or natural areas; (5) Contract for the construction of projects, and other proposed works and improvements; (6) Contract for professional services and other assistance, including, but not limited to, legal, architectural, engineering, financial, accounting, and human resources professionals, as its board in its sole discretion deems necessary, the cost of such services comprising an obligation of the authority and paid in the same manner as any other expenses of the authority; (7) Construct any drainage works or improvements; to construct any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct facilities, projects, park areas, and other recreational facilities, and repair, improve and maintain any of such improvements or structures; (8) Acquire personal property by gift or purchase; (9) Acquire or sell authority-owned land, or any interest in land, including leasehold interests, by gift, bequest, sale, or purchase. Any sale or disposal of land must have the approval of the state building commission; (10) Borrow money from time to time and, in evidence of any obligation incurred, issue and, pursuant to § 11-25-115 , sell its revenue bonds in accordance with this chapter and the applicable provisions of title 9, chapter 21, in such form and upon such terms as its board of directors may determine, payable out of any revenues of the authority, including grants or contributions or other revenues specifically provided to the authority, for the purpose of financing the cost of any project and refund and refinance, from time to time, bonds so issued and sold, as often as may be deemed to be advantageous by the board of directors; (11) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and with watershed districts, drainage districts, counties, conservation districts, levee districts, counties, cities, quasi-municipalities, utility districts, and other similar corporations or agencies of the state of Tennessee, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state and federal agencies, including, but not limited to, the department of agriculture, department of environment and conservation, wildlife resources agency, Tennessee Valley authority, or any other federal agency, and to enter into cooperative contracts and agreements with any such districts, corporations or agencies; (12) Select a residence or home office for the authority, which shall be at a place designated by the board; (13) Receive contributions or grants from counties, cities and towns, any state or federal agency, or from any other source; (14) Acquire water rights and distribute or sell water for irrigation or for other purposes, either within or without the boundaries of the authority; (15) Provide recreational facilities; (16) Lease authority-owned lands for timbering, or other purposes consistent with the purposes set forth in § 11-25-102(b) ; (17) Contract for all materials, supplies, equipment, personnel, and services necessary for the proper administration of the authority; (18) Publish and maintain a website for any purpose set forth in this chapter; (19) Expend funds for any purpose set forth in this chapter; (20) Take such steps as deemed necessary by its board of directors for the promotion and protection of the environment within the boundaries of the authority, and enter into agreements with private nonprofit corporations, the department of environment and conservation, the division of forestry, the wildlife resources agency, or any other federal, state or local agency for that purpose; (21) Take such steps as deemed necessary for fire prevention, and for this purpose to enter into cooperative agreements with the division of forestry, or any other federal, state or local agency and volunteer fire departments; (22) Contract for the operation of concessions on or in any of the properties owned, managed, or leased by the authority; (23) Advertise within and without the state any of the recreational facilities, opportunities, or events, of the authority; (24) Enter into agreements for payments in lieu of any tax assessment by any city or county; (25) Make all needful rules, regulations and bylaws for the management and conduct of the affairs of the authority and of the board; and (26) Establish, charge and collect user fees, which will be used solely to support the operation and maintenance of the authority.
(1) Adopt a seal;
(2) Sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;
(3) Purchase, hold, sell and convey land and personal property, and execute such contracts as may be deemed necessary or convenient by the board to enable it to properly carry out the purposes for which it is organized;
(4) Conserve the natural resources of real property owned and managed by the authority, including the land, timber, and waters, and the department of conservation and environment for transfers of lands for wildlife management areas and/or natural areas;
(5) Contract for the construction of projects, and other proposed works and improvements;
(6) Contract for professional services and other assistance, including, but not limited to, legal, architectural, engineering, financial, accounting, and human resources professionals, as its board in its sole discretion deems necessary, the cost of such services comprising an obligation of the authority and paid in the same manner as any other expenses of the authority;
(7) Construct any drainage works or improvements; to construct any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct facilities, projects, park areas, and other recreational facilities, and repair, improve and maintain any of such improvements or structures;
(8) Acquire personal property by gift or purchase;
(9) Acquire or sell authority-owned land, or any interest in land, including leasehold interests, by gift, bequest, sale, or purchase. Any sale or disposal of land must have the approval of the state building commission;
(10) Borrow money from time to time and, in evidence of any obligation incurred, issue and, pursuant to § 11-25-115 , sell its revenue bonds in accordance with this chapter and the applicable provisions of title 9, chapter 21, in such form and upon such terms as its board of directors may determine, payable out of any revenues of the authority, including grants or contributions or other revenues specifically provided to the authority, for the purpose of financing the cost of any project and refund and refinance, from time to time, bonds so issued and sold, as often as may be deemed to be advantageous by the board of directors;
(11) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and with watershed districts, drainage districts, counties, conservation districts, levee districts, counties, cities, quasi-municipalities, utility districts, and other similar corporations or agencies of the state of Tennessee, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state and federal agencies, including, but not limited to, the department of agriculture, department of environment and conservation, wildlife resources agency, Tennessee Valley authority, or any other federal agency, and to enter into cooperative contracts and agreements with any such districts, corporations or agencies;
(12) Select a residence or home office for the authority, which shall be at a place designated by the board;
(13) Receive contributions or grants from counties, cities and towns, any state or federal agency, or from any other source;
(14) Acquire water rights and distribute or sell water for irrigation or for other purposes, either within or without the boundaries of the authority;
(15) Provide recreational facilities;
(16) Lease authority-owned lands for timbering, or other purposes consistent with the purposes set forth in § 11-25-102(b) ;
(17) Contract for all materials, supplies, equipment, personnel, and services necessary for the proper administration of the authority;
(18) Publish and maintain a website for any purpose set forth in this chapter;
(19) Expend funds for any purpose set forth in this chapter;
(20) Take such steps as deemed necessary by its board of directors for the promotion and protection of the environment within the boundaries of the authority, and enter into agreements with private nonprofit corporations, the department of environment and conservation, the division of forestry, the wildlife resources agency, or any other federal, state or local agency for that purpose;
(21) Take such steps as deemed necessary for fire prevention, and for this purpose to enter into cooperative agreements with the division of forestry, or any other federal, state or local agency and volunteer fire departments;
(22) Contract for the operation of concessions on or in any of the properties owned, managed, or leased by the authority;
(23) Advertise within and without the state any of the recreational facilities, opportunities, or events, of the authority;
(24) Enter into agreements for payments in lieu of any tax assessment by any city or county;
(25) Make all needful rules, regulations and bylaws for the management and conduct of the affairs of the authority and of the board; and
(26) Establish, charge and collect user fees, which will be used solely to support the operation and maintenance of the authority.
(b) None of the powers enumerated in subsection (a) shall be exhausted by use but shall be continuous and perpetual throughout the life of the authority.
(c) No permit for any solid waste management facility shall be issued by the commissioner of environment and conservation for any site located on property owned or managed by the authority.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-13-102 — TN Code / Title 11 / Chapter 13 / Section 11-13-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Conservation easement" means a conservation easement as defined in § 66-9-303 . No conservation easement obtained pursuant to this chapter shall grant a right of physical access to the public; (2) "Free flowing" means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the state scenic rivers system; (3) "Public access area" means an area adjoining the river acquired by the state in fee simple; (4) "Public use easement" means a perpetual right in land of less than fee simple which: (A) Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river; (B) Is restricted to the area defined in the easement deed; and (C) Grants a right of public use but prohibits camping; (5) "River" means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes; and (6) "Road" means highway, hard-surface road, improved and unimproved dirt road. The existence, however, of unimproved roads at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction. Acts 1968, ch. 540, § 3; 1972, ch. 686, § 1; T.C.A., § 11-1402; Acts 1981, ch. 361, § 11.
As used in this chapter, unless the context otherwise requires:
(1) "Conservation easement" means a conservation easement as defined in § 66-9-303 . No conservation easement obtained pursuant to this chapter shall grant a right of physical access to the public;
(2) "Free flowing" means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the state scenic rivers system;
(3) "Public access area" means an area adjoining the river acquired by the state in fee simple;
(4) "Public use easement" means a perpetual right in land of less than fee simple which: (A) Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river; (B) Is restricted to the area defined in the easement deed; and (C) Grants a right of public use but prohibits camping;
(A) Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river;
(B) Is restricted to the area defined in the easement deed; and
(C) Grants a right of public use but prohibits camping;
(5) "River" means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes; and
(6) "Road" means highway, hard-surface road, improved and unimproved dirt road. The existence, however, of unimproved roads at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction.
Acts 1968, ch. 540, § 3; 1972, ch. 686, § 1; T.C.A., § 11-1402; Acts 1981, ch. 361, § 11.
Tenn. Code Ann. § 11-6-107 — TN Code / Title 11 / Chapter 6 / Section 11-6-107
Discovery of sites, artifacts or human remains - Notice to division, contractors and authorities
Status: in_force

(a) All state agencies, departments, institutions and commissions, as well as all counties and municipalities, shall cooperate fully with the division of archaeology. (b) Where any sites or artifacts may be found or discovered on property owned or controlled by the state or by any county or municipality, the agency, bureau, commission, governmental subdivision, or county or municipality having control over or owning such property and which is preparing to initiate construction or other earth-moving activities upon such property, or is currently performing work of this type upon such property, the public body having custody of the land shall comply with subsection (d) and is directed to urge supervisors of such works to notify the division of the discovery and location of such sites or artifacts immediately, and to cooperate to the fullest extent practicable with the division, either to prevent the destruction of such sites and artifacts or to allow the division to obtain maximum information and artifacts before these locations are disturbed or destroyed. (c) It is the responsibility of the state agencies to have this chapter made known to contractors who are to perform work upon any such public lands, and contractors shall be required to comply with this chapter. (d) (1) Any person who encounters or accidentally disturbs or disinters human remains on either publicly or privately owned land, except during excavations authorized under this chapter, shall: (A) Immediately cease disturbing the ground in the area of the human remains; and (B) Notify either the coroner or the medical examiner, and a local law enforcement agency. (2) Either the coroner or the medical examiner shall, within five (5) working days, determine whether the site merits further investigation within the scope of such official's duties. (3) If the coroner or the medical examiner, and law enforcement personnel, have no forensic or criminal concerns with regard to the site, then the coroner or the medical examiner shall notify the department. (4) Human remains and burial objects reported to the division shall be treated as provided in §§ 11-6-104 and 11-6-119 , and/or title 46, chapter 4, if applicable. (5) A person who violates subdivision (d)(1)(A) or (d)(1)(B) commits a Class A misdemeanor; (6) This section does not apply to: (A) Normal farming activity, including, but not limited to, plowing, disking, harvesting and grazing; provided, that if human remains are discovered or disturbed, a report should be made to the officials specified in subdivision (d)(1)(B); or (B) Surface collecting. (7) Nothing in this chapter shall be construed to grant a right of access or occupation to the public without the landowner's permission. (e) All archaeological site clearance work carried out pursuant to this section shall, in as far as practicable, be scheduled so as not to interfere with construction activities, and such clearance work shall only be conducted at sites which have the potential to yield information significant to the scientific study of Tennessee's aboriginal and historic past. Acts 1970, ch. 468, § 7; T.C.A., § 11-1507; Acts 1990, ch. 852, §§ 8, 9.
(a) All state agencies, departments, institutions and commissions, as well as all counties and municipalities, shall cooperate fully with the division of archaeology.
(b) Where any sites or artifacts may be found or discovered on property owned or controlled by the state or by any county or municipality, the agency, bureau, commission, governmental subdivision, or county or municipality having control over or owning such property and which is preparing to initiate construction or other earth-moving activities upon such property, or is currently performing work of this type upon such property, the public body having custody of the land shall comply with subsection (d) and is directed to urge supervisors of such works to notify the division of the discovery and location of such sites or artifacts immediately, and to cooperate to the fullest extent practicable with the division, either to prevent the destruction of such sites and artifacts or to allow the division to obtain maximum information and artifacts before these locations are disturbed or destroyed.
(c) It is the responsibility of the state agencies to have this chapter made known to contractors who are to perform work upon any such public lands, and contractors shall be required to comply with this chapter.
(d) (1) Any person who encounters or accidentally disturbs or disinters human remains on either publicly or privately owned land, except during excavations authorized under this chapter, shall: (A) Immediately cease disturbing the ground in the area of the human remains; and (B) Notify either the coroner or the medical examiner, and a local law enforcement agency. (2) Either the coroner or the medical examiner shall, within five (5) working days, determine whether the site merits further investigation within the scope of such official's duties. (3) If the coroner or the medical examiner, and law enforcement personnel, have no forensic or criminal concerns with regard to the site, then the coroner or the medical examiner shall notify the department. (4) Human remains and burial objects reported to the division shall be treated as provided in §§ 11-6-104 and 11-6-119 , and/or title 46, chapter 4, if applicable. (5) A person who violates subdivision (d)(1)(A) or (d)(1)(B) commits a Class A misdemeanor; (6) This section does not apply to: (A) Normal farming activity, including, but not limited to, plowing, disking, harvesting and grazing; provided, that if human remains are discovered or disturbed, a report should be made to the officials specified in subdivision (d)(1)(B); or (B) Surface collecting. (7) Nothing in this chapter shall be construed to grant a right of access or occupation to the public without the landowner's permission.
(1) Any person who encounters or accidentally disturbs or disinters human remains on either publicly or privately owned land, except during excavations authorized under this chapter, shall: (A) Immediately cease disturbing the ground in the area of the human remains; and (B) Notify either the coroner or the medical examiner, and a local law enforcement agency.
(A) Immediately cease disturbing the ground in the area of the human remains; and
(B) Notify either the coroner or the medical examiner, and a local law enforcement agency.
(2) Either the coroner or the medical examiner shall, within five (5) working days, determine whether the site merits further investigation within the scope of such official's duties.
(3) If the coroner or the medical examiner, and law enforcement personnel, have no forensic or criminal concerns with regard to the site, then the coroner or the medical examiner shall notify the department.
(4) Human remains and burial objects reported to the division shall be treated as provided in §§ 11-6-104 and 11-6-119 , and/or title 46, chapter 4, if applicable.
(5) A person who violates subdivision (d)(1)(A) or (d)(1)(B) commits a Class A misdemeanor;
(6) This section does not apply to: (A) Normal farming activity, including, but not limited to, plowing, disking, harvesting and grazing; provided, that if human remains are discovered or disturbed, a report should be made to the officials specified in subdivision (d)(1)(B); or (B) Surface collecting.
(A) Normal farming activity, including, but not limited to, plowing, disking, harvesting and grazing; provided, that if human remains are discovered or disturbed, a report should be made to the officials specified in subdivision (d)(1)(B); or
(B) Surface collecting.
(7) Nothing in this chapter shall be construed to grant a right of access or occupation to the public without the landowner's permission.
(e) All archaeological site clearance work carried out pursuant to this section shall, in as far as practicable, be scheduled so as not to interfere with construction activities, and such clearance work shall only be conducted at sites which have the potential to yield information significant to the scientific study of Tennessee's aboriginal and historic past.
Acts 1970, ch. 468, § 7; T.C.A., § 11-1507; Acts 1990, ch. 852, §§ 8, 9.
Tenn. Code Ann. § 11-4-702 — TN Code / Title 11 / Chapter 4 / Section 11-4-702
Cooperative urban forestry program
Status: in_force

The division is hereby authorized to make grants using federal and/or state funds to qualifying cities, towns, municipalities, and other communities for purposes of establishing cooperative urban forestry programs. The division is authorized to develop policies and procedures for implementation of the urban forestry grant program. Acts 1986, ch. 652, § 36.
The division is hereby authorized to make grants using federal and/or state funds to qualifying cities, towns, municipalities, and other communities for purposes of establishing cooperative urban forestry programs. The division is authorized to develop policies and procedures for implementation of the urban forestry grant program.
Acts 1986, ch. 652, § 36.
Tenn. Code Ann. § 11-9-106 — TN Code / Title 11 / Chapter 9 / Section 11-9-106
State's share of funds required before agreement - Public maintenance of areas and facilities - Federal-aid funds to subdivisions
Status: in_force

(a) The commissioner of environment and conservation shall make no commitment or enter into any agreement pursuant to an exercise of authority under this part until the commissioner has determined that sufficient funds are available to the commissioner for meeting the state's share, if any, of project costs. (b) It is the legislative intent that, to such extent as may be necessary to assure proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by the state under authority of this part, such areas and facilities shall be publicly maintained for outdoor recreation purposes. (c) The commissioner may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition, and development projects involving participating federal aid funds on behalf of any subdivision or subdivisions of this state; provided, that such subdivision or subdivisions give necessary assurances to the commissioner that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use. Acts 1965, ch. 181, § 6; T.C.A., § 11-1206.
(a) The commissioner of environment and conservation shall make no commitment or enter into any agreement pursuant to an exercise of authority under this part until the commissioner has determined that sufficient funds are available to the commissioner for meeting the state's share, if any, of project costs.
(b) It is the legislative intent that, to such extent as may be necessary to assure proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by the state under authority of this part, such areas and facilities shall be publicly maintained for outdoor recreation purposes.
(c) The commissioner may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition, and development projects involving participating federal aid funds on behalf of any subdivision or subdivisions of this state; provided, that such subdivision or subdivisions give necessary assurances to the commissioner that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use.
Acts 1965, ch. 181, § 6; T.C.A., § 11-1206.
Tenn. Code Ann. § 11-10-102 — TN Code / Title 11 / Chapter 10 / Section 11-10-102
Land leased to political entity for recreational purposes - Duty of care - Warnings
Status: in_force

(a) Unless otherwise agreed in writing, an owner of land leased to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon. (b) An owner who leases land to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, shall not by giving such lease: (1) Extend any assurance to any person using the land that the premises are safe for any purpose; (2) Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or (3) Assume responsibility for or incur liability for any injury to a person or property caused by an act or omission of a person who enters upon the leased land. (c) This section applies whether the person entering upon the leased land is an invitee, licensee, trespasser or otherwise. Acts 1967, ch. 246, § 1; T.C.A., § 11-1302.
(a) Unless otherwise agreed in writing, an owner of land leased to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
(b) An owner who leases land to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, shall not by giving such lease: (1) Extend any assurance to any person using the land that the premises are safe for any purpose; (2) Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or (3) Assume responsibility for or incur liability for any injury to a person or property caused by an act or omission of a person who enters upon the leased land.
(1) Extend any assurance to any person using the land that the premises are safe for any purpose;
(2) Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability for any injury to a person or property caused by an act or omission of a person who enters upon the leased land.
(c) This section applies whether the person entering upon the leased land is an invitee, licensee, trespasser or otherwise.
Acts 1967, ch. 246, § 1; T.C.A., § 11-1302.
Tenn. Code Ann. § 11-11-116 — TN Code / Title 11 / Chapter 11 / Section 11-11-116
Signs and markers
Status: in_force

The department, in consultation with appropriate governmental agencies, and public and private organizations shall establish a uniform marker for trails contained in the system. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail. Where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be marked with paint or other simple means. Acts 1971, ch. 103, § 16; T.C.A., § 11-1616.
The department, in consultation with appropriate governmental agencies, and public and private organizations shall establish a uniform marker for trails contained in the system. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail. Where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be marked with paint or other simple means.
Acts 1971, ch. 103, § 16; T.C.A., § 11-1616.
Tenn. Code Ann. § 11-25-102 — TN Code / Title 11 / Chapter 25 / Section 11-25-102
Legislative findings - Purpose - Liberal construction
Status: in_force

(a) It is hereby found and determined that: (1) There is an immediate need to conserve Doe Mountain, an iconic eight thousand six hundred (8,600) acre forested mountain presently under threat from economic distress; (2) It is through conservation of these same Appalachian Mountains, in particular, Doe Mountain, that will give rise to an unparalleled location for family-oriented, multi-use outdoor recreation, job creation, and economic growth; (3) The conservation of Doe Mountain and the proper development of multi-use recreational opportunities on the mountain requires partnerships between state and local government, the private sector, conservationists, and an engaged local community to preserve the mountain's unique nature and realize its economic potential; (4) In many instances, effective cooperation between these parties has been hampered by inadequate statutory authority and management expertise. An authority vested with the full range of necessary statutory powers is, therefore, needed to ensure the success of Doe Mountain's conservation and to realize its full economic potential for the citizens of this state; and (5) Realizing that the economic development potential of newly acquired conservation lands calls for a new mechanism to manage these lands for multi-use outdoor recreation opportunities and to make the public aware of these opportunities, the general assembly, therefore, intends to vest an authority with the powers set forth herein to prepare comprehensive, long-range, site-specific master plans and to ensure compliance with such plans; to conserve the land, waters, and wildlife of Doe Mountain in a manner protective of the resource, including, where applicable, transfer of lands management for natural areas and/or wildlife management areas; and to foster economic development for the people by the development and operation of multi-use, family-oriented outdoor recreation opportunities. (b) It is the purpose of this chapter to address these findings by providing for the establishment of the Doe Mountain Recreation Authority to protect and conserve the natural resources of Doe Mountain through planning, promoting, financing, constructing, managing, and developing multi-use recreational opportunities for public participation and enjoyment that will create jobs and facilitate economic development. (c) This chapter shall be liberally construed in conformity with its purpose. Acts 2012, ch. 1106, § 1.
(a) It is hereby found and determined that: (1) There is an immediate need to conserve Doe Mountain, an iconic eight thousand six hundred (8,600) acre forested mountain presently under threat from economic distress; (2) It is through conservation of these same Appalachian Mountains, in particular, Doe Mountain, that will give rise to an unparalleled location for family-oriented, multi-use outdoor recreation, job creation, and economic growth; (3) The conservation of Doe Mountain and the proper development of multi-use recreational opportunities on the mountain requires partnerships between state and local government, the private sector, conservationists, and an engaged local community to preserve the mountain's unique nature and realize its economic potential; (4) In many instances, effective cooperation between these parties has been hampered by inadequate statutory authority and management expertise. An authority vested with the full range of necessary statutory powers is, therefore, needed to ensure the success of Doe Mountain's conservation and to realize its full economic potential for the citizens of this state; and (5) Realizing that the economic development potential of newly acquired conservation lands calls for a new mechanism to manage these lands for multi-use outdoor recreation opportunities and to make the public aware of these opportunities, the general assembly, therefore, intends to vest an authority with the powers set forth herein to prepare comprehensive, long-range, site-specific master plans and to ensure compliance with such plans; to conserve the land, waters, and wildlife of Doe Mountain in a manner protective of the resource, including, where applicable, transfer of lands management for natural areas and/or wildlife management areas; and to foster economic development for the people by the development and operation of multi-use, family-oriented outdoor recreation opportunities.
(1) There is an immediate need to conserve Doe Mountain, an iconic eight thousand six hundred (8,600) acre forested mountain presently under threat from economic distress;
(2) It is through conservation of these same Appalachian Mountains, in particular, Doe Mountain, that will give rise to an unparalleled location for family-oriented, multi-use outdoor recreation, job creation, and economic growth;
(3) The conservation of Doe Mountain and the proper development of multi-use recreational opportunities on the mountain requires partnerships between state and local government, the private sector, conservationists, and an engaged local community to preserve the mountain's unique nature and realize its economic potential;
(4) In many instances, effective cooperation between these parties has been hampered by inadequate statutory authority and management expertise. An authority vested with the full range of necessary statutory powers is, therefore, needed to ensure the success of Doe Mountain's conservation and to realize its full economic potential for the citizens of this state; and
(5) Realizing that the economic development potential of newly acquired conservation lands calls for a new mechanism to manage these lands for multi-use outdoor recreation opportunities and to make the public aware of these opportunities, the general assembly, therefore, intends to vest an authority with the powers set forth herein to prepare comprehensive, long-range, site-specific master plans and to ensure compliance with such plans; to conserve the land, waters, and wildlife of Doe Mountain in a manner protective of the resource, including, where applicable, transfer of lands management for natural areas and/or wildlife management areas; and to foster economic development for the people by the development and operation of multi-use, family-oriented outdoor recreation opportunities.
(b) It is the purpose of this chapter to address these findings by providing for the establishment of the Doe Mountain Recreation Authority to protect and conserve the natural resources of Doe Mountain through planning, promoting, financing, constructing, managing, and developing multi-use recreational opportunities for public participation and enjoyment that will create jobs and facilitate economic development.
(c) This chapter shall be liberally construed in conformity with its purpose.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-14-405 — TN Code / Title 11 / Chapter 14 / Section 11-14-405
Property tax exemption
Status: in_force

Wetlands and bottomland hardwood forests acquired by the state of Tennessee shall be exempt from all state and local property taxes. Acts 1986, ch. 833, § 8.
Wetlands and bottomland hardwood forests acquired by the state of Tennessee shall be exempt from all state and local property taxes.
Acts 1986, ch. 833, § 8.
Tenn. Code Ann. § 11-3-120 — TN Code / Title 11 / Chapter 3 / Section 11-3-120
Management plan
Status: in_force

(a) The department of environment and conservation is hereby directed to formulate a long-range plan, hereinafter referred to as a "management plan" for each state park. Each such management plan shall include the following: (1) Funding requirements for state parks and an analysis of whether the revenue-generating facilities on the park are self-sustaining; (2) Facilities preservation, maintenance and utilization; (3) Management and personnel staffing, training, compensation and professional development; (4) Preservation, development and expansion of existing and new park resources and facilities; (5) Educational programming; and (6) Land acquisition. (b) Each management plan shall include goals and projections for state parks for the next ten (10) years and shall be updated every five (5) years by the department. Each management plan shall be posted on the department's website. Prior to updating each management plan, the department shall conduct public hearings after public notice has been given in accordance with title 8, chapter 44. Public hearings shall be conducted in each park or in the vicinity of each park regarding any update to the management plan. Notice of these public hearings shall be given to any friends groups or other groups with a particular interest in the particular park. The department shall consider all written and oral comments received in these hearings and shall document its responses to such comments. The department shall submit by March 1 of each year, to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate, a report outlining any major deviations from the management plans in the previous year and the reasons therefore. (c) The department shall not commence construction on a new capital project in a state park that costs in excess of the amount for major maintenance, as defined in § 4-15-107 , until the project is provided for in the park's current management plan and the project has been approved by the state building commission. The construction costs for such new capital projects other than those provided for in the management plan shall not be funded until the management plan is appropriately updated. Amended by 2022 Tenn. Acts, ch. 921,s 2, eff. 4/27/2022. Amended by 2013 Tenn. Acts, ch. 236,s 6, eff. 4/19/2013. Acts 1998, ch. 1083, § 6; 2010, ch. 857, § 1; 2012, ch. 604, § 10.
(a) The department of environment and conservation is hereby directed to formulate a long-range plan, hereinafter referred to as a "management plan" for each state park. Each such management plan shall include the following: (1) Funding requirements for state parks and an analysis of whether the revenue-generating facilities on the park are self-sustaining; (2) Facilities preservation, maintenance and utilization; (3) Management and personnel staffing, training, compensation and professional development; (4) Preservation, development and expansion of existing and new park resources and facilities; (5) Educational programming; and (6) Land acquisition.
(1) Funding requirements for state parks and an analysis of whether the revenue-generating facilities on the park are self-sustaining;
(2) Facilities preservation, maintenance and utilization;
(3) Management and personnel staffing, training, compensation and professional development;
(4) Preservation, development and expansion of existing and new park resources and facilities;
(5) Educational programming; and
(6) Land acquisition.
(b) Each management plan shall include goals and projections for state parks for the next ten (10) years and shall be updated every five (5) years by the department. Each management plan shall be posted on the department's website. Prior to updating each management plan, the department shall conduct public hearings after public notice has been given in accordance with title 8, chapter 44. Public hearings shall be conducted in each park or in the vicinity of each park regarding any update to the management plan. Notice of these public hearings shall be given to any friends groups or other groups with a particular interest in the particular park. The department shall consider all written and oral comments received in these hearings and shall document its responses to such comments. The department shall submit by March 1 of each year, to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate, a report outlining any major deviations from the management plans in the previous year and the reasons therefore.
(c) The department shall not commence construction on a new capital project in a state park that costs in excess of the amount for major maintenance, as defined in § 4-15-107 , until the project is provided for in the park's current management plan and the project has been approved by the state building commission. The construction costs for such new capital projects other than those provided for in the management plan shall not be funded until the management plan is appropriately updated.
Amended by 2022 Tenn. Acts, ch. 921,s 2, eff. 4/27/2022.
Amended by 2013 Tenn. Acts, ch. 236,s 6, eff. 4/19/2013.
Acts 1998, ch. 1083, § 6; 2010, ch. 857, § 1; 2012, ch. 604, § 10.
Tenn. Code Ann. § 11-2-101 — TN Code / Title 11 / Chapter 2 / Section 11-2-101
Repealed
Status: repealed

Acts 1953, ch. 248, § 2 (Williams, § 255.75i); 1955, ch. 214, § 1; impl. am. Acts 1959, ch. 9, § 11; Acts 1963, ch. 166, §1; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), §11-201; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
Tenn. Code Ann. § 11-1-114 — TN Code / Title 11 / Chapter 1 / Section 11-1-114
Use of privately owned land for recreational purposes - Acquisition of adjacent lands
Status: in_force

(a) The commissioner of environment and conservation has the authority to enter into agreements with any not-for-profit corporation chartered under the laws of this state, such agreements being for the purpose of planning, providing, maintaining, and/or administering recreational and natural areas and facilities for the use by the general public. (b) Such authority includes the power to provide duly commissioned park rangers for the enforcement of state laws and regulations on publicly and privately owned lands or waters used as recreational areas by the general public. (c) Furthermore, the commissioner has the authority to acquire by gift, purchase, exchange, assumption of tax payments, or other method specifically excluding condemnation, lands or easements adjacent to or near such recreational or natural areas for the purpose of facilitating the public use of these areas. (d) In exercising the authority granted in this section, the commissioner shall abide by all law relating to contracts, property management, and leasing, including such regulations as may be promulgated by appropriate state officials, subject to specific appropriation of funds by the general assembly. Acts 1977, ch. 439, § 1; T.C.A., § 11-114.
(a) The commissioner of environment and conservation has the authority to enter into agreements with any not-for-profit corporation chartered under the laws of this state, such agreements being for the purpose of planning, providing, maintaining, and/or administering recreational and natural areas and facilities for the use by the general public.
(b) Such authority includes the power to provide duly commissioned park rangers for the enforcement of state laws and regulations on publicly and privately owned lands or waters used as recreational areas by the general public.
(c) Furthermore, the commissioner has the authority to acquire by gift, purchase, exchange, assumption of tax payments, or other method specifically excluding condemnation, lands or easements adjacent to or near such recreational or natural areas for the purpose of facilitating the public use of these areas.
(d) In exercising the authority granted in this section, the commissioner shall abide by all law relating to contracts, property management, and leasing, including such regulations as may be promulgated by appropriate state officials, subject to specific appropriation of funds by the general assembly.
Acts 1977, ch. 439, § 1; T.C.A., § 11-114.
Tenn. Code Ann. § 11-14-404 — TN Code / Title 11 / Chapter 14 / Section 11-14-404
Inventory of wetlands and forests
Status: in_force

The director is authorized to maintain an inventory of rare and significant biological and geological wetlands and bottomland hardwood forests worthy of protection under the terms and conditions of this part. Such inventory shall include, but not necessarily be limited to, locations for unique wetlands, scenic wetlands, wetlands which are excellent examples of wildlife habitat, areas exhibiting exceptional ecological values, and bottomland hardwood forests. Acts 1986, ch. 833, § 4.
The director is authorized to maintain an inventory of rare and significant biological and geological wetlands and bottomland hardwood forests worthy of protection under the terms and conditions of this part. Such inventory shall include, but not necessarily be limited to, locations for unique wetlands, scenic wetlands, wetlands which are excellent examples of wildlife habitat, areas exhibiting exceptional ecological values, and bottomland hardwood forests.
Acts 1986, ch. 833, § 4.
Tenn. Code Ann. § 11-1-111 — TN Code / Title 11 / Chapter 1 / Section 11-1-111
Use of central office appropriations for division of educational service
Status: in_force

The commissioner of environment and conservation is hereby authorized and empowered to use such part of the commissioner's appropriation for the commissioner's central office as the commissioner may deem appropriate in connection with the division of educational service. Acts 1957, ch. 314, § 2; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-111.
The commissioner of environment and conservation is hereby authorized and empowered to use such part of the commissioner's appropriation for the commissioner's central office as the commissioner may deem appropriate in connection with the division of educational service.
Acts 1957, ch. 314, § 2; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-111.
Tenn. Code Ann. § 11-14-401 — TN Code / Title 11 / Chapter 14 / Section 11-14-401
Short title - Acquisition of wetlands and forests - Part definitions
Status: in_force

(a) This part, as well as § 67-4-409(g) , shall be known and may be cited as the "U.A. Moore Wetlands Acquisition Act." (b) The general assembly finds and declares that it is in the general interest of the people of Tennessee: (1) To preserve certain wetlands and bottomland hardwood forests in our state, those being defined as follows: (A) "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 (B) "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: (i) Fresh water meadows; (ii) Shallow fresh water marshes; (iii) Shrub swamps with semipermanent water regimes most of the year; (iv) Wooded swamps or forested wetlands; (v) Open fresh water except farm ponds; and (vi) Bogs; (2) 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 (3) 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. (c) 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. (d) 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. (e) 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. (f) 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. (g) 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. (h) 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 forest tracts within Cumberland County adjacent to Catoosa Wildlife Management Area known as the "Oakley Tract(s)," including any lands adjacent thereto. Amended by 2023 Tenn. Acts, ch. 351, s 1, eff. 5/5/2023. Amended by 2016 Tenn. Acts, ch. 1027, s 3, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 702, s 1, eff. 4/15/2014. 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.
(a) This part, as well as § 67-4-409(g) , shall be known and may be cited as the "U.A. Moore Wetlands Acquisition Act."
(b) The general assembly finds and declares that it is in the general interest of the people of Tennessee: (1) To preserve certain wetlands and bottomland hardwood forests in our state, those being defined as follows: (A) "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 (B) "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: (i) Fresh water meadows; (ii) Shallow fresh water marshes; (iii) Shrub swamps with semipermanent water regimes most of the year; (iv) Wooded swamps or forested wetlands; (v) Open fresh water except farm ponds; and (vi) Bogs; (2) 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 (3) 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.
(1) To preserve certain wetlands and bottomland hardwood forests in our state, those being defined as follows: (A) "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 (B) "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: (i) Fresh water meadows; (ii) Shallow fresh water marshes; (iii) Shrub swamps with semipermanent water regimes most of the year; (iv) Wooded swamps or forested wetlands; (v) Open fresh water except farm ponds; and (vi) Bogs;
(A) "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
(B) "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: (i) Fresh water meadows; (ii) Shallow fresh water marshes; (iii) Shrub swamps with semipermanent water regimes most of the year; (iv) Wooded swamps or forested wetlands; (v) Open fresh water except farm ponds; and (vi) Bogs;
(i) Fresh water meadows;
(ii) Shallow fresh water marshes;
(iii) Shrub swamps with semipermanent water regimes most of the year;
(iv) Wooded swamps or forested wetlands;
(v) Open fresh water except farm ponds; and
(vi) Bogs;
(2) 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
(3) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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 forest tracts within Cumberland County adjacent to Catoosa Wildlife Management Area known as the "Oakley Tract(s)," including any lands adjacent thereto.
Amended by 2023 Tenn. Acts, ch. 351, s 1, eff. 5/5/2023.
Amended by 2016 Tenn. Acts, ch. 1027, s 3, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 702, s 1, eff. 4/15/2014.
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.
Tenn. Code Ann. § 11-11-206 — TN Code / Title 11 / Chapter 11 / Section 11-11-206
Assistance by departments
Status: in_force

The department of environment and conservation and the department of tourist development may work together to provide assistance as deemed appropriate by the departments to encourage the development of adventure tourism within those regions of the state designated as suitable for such activities and where persistent high unemployment exists. Amended by 2016 Tenn. Acts, ch. 845,s 4, eff. 4/19/2016. Acts 2011, ch. 383, § 1.
The department of environment and conservation and the department of tourist development may work together to provide assistance as deemed appropriate by the departments to encourage the development of adventure tourism within those regions of the state designated as suitable for such activities and where persistent high unemployment exists.
Amended by 2016 Tenn. Acts, ch. 845,s 4, eff. 4/19/2016.
Acts 2011, ch. 383, § 1.
Tenn. Code Ann. § 11-25-106 — TN Code / Title 11 / Chapter 25 / Section 11-25-106
Board of directors
Status: in_force

(a) The authority shall be governed by a board of directors consisting of fifteen (15) members: (1) The mayor of the county, or the mayor's designee; (2) The mayor of the largest municipality within the county, or the mayor's designee; (3) The director of the wildlife resources agency, or the director's designee; (4) The commissioner of the department of economic and community development, or the commissioner's designee; (5) The commissioner of environment and conservation, or the commissioner's designee; (6) The commissioner of tourism development, or the commissioner's designee; (7) One (1) member, appointed by the county mayor from a list of three (3) submitted by the board of directors of the county's chamber of commerce, who shall serve for a term of two (2) years; (8) One (1) member, appointed by the county mayor, who shall be a resident of the county, and active in a locally organized conservation or outdoor recreation organization, who shall serve for a term of two (2) years; (9) One (1) member, appointed by the governor, who shall have a background in conservation, who shall serve for a term of three (3) years; (10) One (1) member, appointed by the governor, who shall have experience in outdoor recreation planning, marketing, or operations, who shall serve for a term of three (3) years; (11) One (1) member, elected by majority vote of the governing body of the county, who shall serve for a term of two (2) years; (12) One (1) member, appointed by the speaker of the senate in consultation with the member of the senate representing the majority of the county's population, who shall serve for a term of two (2) years; (13) One (1) member, appointed by the speaker of the house of representatives in consultation with the member of the house of representatives representing the majority of the county's population, who shall serve for a term of two (2) years; (14) One (1) member, appointed by the governor from a list of three (3) names submitted by The Nature Conservancy, who shall serve for a term of three (3) years; and (15) One (1) member of the public at large, appointed by the governor, who shall be a resident of the county or an adjoining county and not otherwise affiliated with any of the groups identified above, who shall serve for a term of three (3) years. (b) Any board designee or nominee shall be appointed or designated by the filing of a writing, executed by or on behalf of the designator identified in subsection (a), with the secretary-treasurer of the authority and with the secretary of state. (c) Upon completion of its membership, the appointees shall meet and organize, elect a chair, vice chair, and secretary-treasurer, who shall each serve for a term of two (2) years, and set a regular time and place for meetings of the board. The board shall meet no less often than monthly during its first twelve (12) months of operation, and no less often than once every three (3) months thereafter. In the event of a vacancy in the chair, vice chair or secretary-treasurer position, the board shall fill the vacancy by a vote of the majority of the members appointed at the next regularly called meeting of the board. (d) Members of the board shall serve without compensation, except reimbursement for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (e) Each of such officers may be removed at any time by the affirmative vote of a majority of the board of the authority for any of the following reasons: (1) Three (3) consecutive unexcused absences from meetings of the board; (2) Refusal to carry out any obligation imposed upon the board member by this chapter, by any other law, or at the direction of the board; (3) Knowing or willful neglect of the board member's duties; or (4) Conviction of any felony, or any offense related to a breach of public trust. (f) In the event of a vacancy on the board created by the death, resignation, or removal of a member, the appointing authority that selected the previous member pursuant to this section, shall fill the vacancy by appointment of an interim board member within thirty (30) days of the creation of the vacancy. If the appointing authority does not fill the vacancy within thirty (30) days, the county governing body, upon petition of the board, may by majority vote elect a person to fill the unexpired term until such time as the appointing authority has acted. The election of any such interim board member by the governing body shall not deprive the appointing authority of its powers to make an appointment of a board member upon the completion of the interim board member's term. Acts 2012, ch. 1106, § 1.
(a) The authority shall be governed by a board of directors consisting of fifteen (15) members: (1) The mayor of the county, or the mayor's designee; (2) The mayor of the largest municipality within the county, or the mayor's designee; (3) The director of the wildlife resources agency, or the director's designee; (4) The commissioner of the department of economic and community development, or the commissioner's designee; (5) The commissioner of environment and conservation, or the commissioner's designee; (6) The commissioner of tourism development, or the commissioner's designee; (7) One (1) member, appointed by the county mayor from a list of three (3) submitted by the board of directors of the county's chamber of commerce, who shall serve for a term of two (2) years; (8) One (1) member, appointed by the county mayor, who shall be a resident of the county, and active in a locally organized conservation or outdoor recreation organization, who shall serve for a term of two (2) years; (9) One (1) member, appointed by the governor, who shall have a background in conservation, who shall serve for a term of three (3) years; (10) One (1) member, appointed by the governor, who shall have experience in outdoor recreation planning, marketing, or operations, who shall serve for a term of three (3) years; (11) One (1) member, elected by majority vote of the governing body of the county, who shall serve for a term of two (2) years; (12) One (1) member, appointed by the speaker of the senate in consultation with the member of the senate representing the majority of the county's population, who shall serve for a term of two (2) years; (13) One (1) member, appointed by the speaker of the house of representatives in consultation with the member of the house of representatives representing the majority of the county's population, who shall serve for a term of two (2) years; (14) One (1) member, appointed by the governor from a list of three (3) names submitted by The Nature Conservancy, who shall serve for a term of three (3) years; and (15) One (1) member of the public at large, appointed by the governor, who shall be a resident of the county or an adjoining county and not otherwise affiliated with any of the groups identified above, who shall serve for a term of three (3) years.
(1) The mayor of the county, or the mayor's designee;
(2) The mayor of the largest municipality within the county, or the mayor's designee;
(3) The director of the wildlife resources agency, or the director's designee;
(4) The commissioner of the department of economic and community development, or the commissioner's designee;
(5) The commissioner of environment and conservation, or the commissioner's designee;
(6) The commissioner of tourism development, or the commissioner's designee;
(7) One (1) member, appointed by the county mayor from a list of three (3) submitted by the board of directors of the county's chamber of commerce, who shall serve for a term of two (2) years;
(8) One (1) member, appointed by the county mayor, who shall be a resident of the county, and active in a locally organized conservation or outdoor recreation organization, who shall serve for a term of two (2) years;
(9) One (1) member, appointed by the governor, who shall have a background in conservation, who shall serve for a term of three (3) years;
(10) One (1) member, appointed by the governor, who shall have experience in outdoor recreation planning, marketing, or operations, who shall serve for a term of three (3) years;
(11) One (1) member, elected by majority vote of the governing body of the county, who shall serve for a term of two (2) years;
(12) One (1) member, appointed by the speaker of the senate in consultation with the member of the senate representing the majority of the county's population, who shall serve for a term of two (2) years;
(13) One (1) member, appointed by the speaker of the house of representatives in consultation with the member of the house of representatives representing the majority of the county's population, who shall serve for a term of two (2) years;
(14) One (1) member, appointed by the governor from a list of three (3) names submitted by The Nature Conservancy, who shall serve for a term of three (3) years; and
(15) One (1) member of the public at large, appointed by the governor, who shall be a resident of the county or an adjoining county and not otherwise affiliated with any of the groups identified above, who shall serve for a term of three (3) years.
(b) Any board designee or nominee shall be appointed or designated by the filing of a writing, executed by or on behalf of the designator identified in subsection (a), with the secretary-treasurer of the authority and with the secretary of state.
(c) Upon completion of its membership, the appointees shall meet and organize, elect a chair, vice chair, and secretary-treasurer, who shall each serve for a term of two (2) years, and set a regular time and place for meetings of the board. The board shall meet no less often than monthly during its first twelve (12) months of operation, and no less often than once every three (3) months thereafter. In the event of a vacancy in the chair, vice chair or secretary-treasurer position, the board shall fill the vacancy by a vote of the majority of the members appointed at the next regularly called meeting of the board.
(d) Members of the board shall serve without compensation, except reimbursement for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e) Each of such officers may be removed at any time by the affirmative vote of a majority of the board of the authority for any of the following reasons: (1) Three (3) consecutive unexcused absences from meetings of the board; (2) Refusal to carry out any obligation imposed upon the board member by this chapter, by any other law, or at the direction of the board; (3) Knowing or willful neglect of the board member's duties; or (4) Conviction of any felony, or any offense related to a breach of public trust.
(1) Three (3) consecutive unexcused absences from meetings of the board;
(2) Refusal to carry out any obligation imposed upon the board member by this chapter, by any other law, or at the direction of the board;
(3) Knowing or willful neglect of the board member's duties; or
(4) Conviction of any felony, or any offense related to a breach of public trust.
(f) In the event of a vacancy on the board created by the death, resignation, or removal of a member, the appointing authority that selected the previous member pursuant to this section, shall fill the vacancy by appointment of an interim board member within thirty (30) days of the creation of the vacancy. If the appointing authority does not fill the vacancy within thirty (30) days, the county governing body, upon petition of the board, may by majority vote elect a person to fill the unexpired term until such time as the appointing authority has acted. The election of any such interim board member by the governing body shall not deprive the appointing authority of its powers to make an appointment of a board member upon the completion of the interim board member's term.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-13-103 — TN Code / Title 11 / Chapter 13 / Section 11-13-103
Classes of rivers includable in system
Status: in_force

The following types of rivers are eligible for inclusion in the state scenic rivers system in which they will be administered in general accord with the criteria hereinafter set forth: Classes of Scenic River Areas (1) Class I Natural River Areas (2) Class II Pastoral River Areas (3) Class III Partially Developed River Areas (4) Class IV Olympic River Areas Class I Natural river areas Class II Pastoral river areas Class III Partially developed river areas Class IV Olympic river areas Those free-flowing rivers or sections of rivers with shorelines and scenic vistas unchanged, or essentially unchanged, by man, with no extensive paralleling roads closer than one (1) mile (except in river gorges where there must be no extensive paralleling roads within the gorge or within one-quarter (1/4) mile back from the gorge rim), and with only a limited number of crossing roads or spur roads existing at the time of designation as a state scenic river. Additional access would be limited to trails. Waters would be kept unpolluted. Lands adjacent to these rivers that are not already in state or other public ownership should be protected by acquisition of fee title or by conservation easements to the full extent necessary to preserve a true natural environment. These river areas should be managed in accordance with the concepts embodied in the national Wilderness Act, 78 Stat. 890 ( 16 U.S.C. § 1131 et seq.), and would represent samples of natural America saved unspoiled for this and future generations to enjoy as precious pieces of our natural heritage. Those free-flowing rivers or sections of rivers the lands adjacent to which are partially or predominantly used for agriculture and other dispersed human activities which do not substantially interfere with public use and enjoyment of the rivers and their shores. Waters would be kept unpolluted. Lands adjacent to any such river would remain primarily in the type of use existing at the time of designation as a state scenic river or else be allowed to revert to natural conditions. Scenic values should be preserved by acquisition of conservation easements, zoning and similar means, and by acquisition of fee title of areas set aside for access, camping and recreation. Acquisition of fee title or other areas would not be precluded, particularly where the cost of alternative methods of land use control is comparable to the cost of acquiring the fee with lease-back or other similar arrangements. Those rivers or sections of rivers in areas affected by the works of man, but which still possess actual or potential scenic values. Included would be rivers with some housing or other building developments near their shorelines, rivers with parallel roads or railroads, rivers with some impoundments, and rivers polluted, for example, by strip-mine runoff. These rivers would be managed to prevent further loss of scenic values, to improve the scenic aspects of their surroundings, and to restore the quality of their waters. A polluted river section in an otherwise natural area could be improved to the point where it would be upgraded to Class I. Lands adjacent to any such river, and the use thereof, should be subject to public control by zoning, tax incentives, acquisition of easements or fee title and other means sufficient to realize the purposes for which such river is designated a state scenic river. Those rivers or sections of rivers in areas with river management zones affected by the works of man but which still possess actual or potential scenic values, the land adjacent to that which is managed by the state in cooperation with federal agencies, and which rivers are suited to recreational whitewater rafting. These rivers may be managed for tourism promotion and economic development activities that benefit the river management zone, including releases for the benefit of persons to participate in whitewater rafting, whitewater races, special events, and for private paddlers. Amended by 2024 Tenn. Acts, ch. 1044,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1044,s 2, eff. 7/1/2024. Acts 1968, ch. 540, § 4; T.C.A., § 11-1403.
The following types of rivers are eligible for inclusion in the state scenic rivers system in which they will be administered in general accord with the criteria hereinafter set forth:
Classes of Scenic River Areas (1) Class I Natural River Areas (2) Class II Pastoral River Areas (3) Class III Partially Developed River Areas (4) Class IV Olympic River Areas
Class I Natural river areas
Class II Pastoral river areas
Class III Partially developed river areas
Class IV Olympic river areas
Those free-flowing rivers or sections of rivers with shorelines and scenic vistas unchanged, or essentially unchanged, by man, with no extensive paralleling roads closer than one (1) mile (except in river gorges where there must be no extensive paralleling roads within the gorge or within one-quarter (1/4) mile back from the gorge rim), and with only a limited number of crossing roads or spur roads existing at the time of designation as a state scenic river. Additional access would be limited to trails. Waters would be kept unpolluted. Lands adjacent to these rivers that are not already in state or other public ownership should be protected by acquisition of fee title or by conservation easements to the full extent necessary to preserve a true natural environment. These river areas should be managed in accordance with the concepts embodied in the national Wilderness Act, 78 Stat. 890 ( 16 U.S.C. § 1131 et seq.), and would represent samples of natural America saved unspoiled for this and future generations to enjoy as precious pieces of our natural heritage.
Those free-flowing rivers or sections of rivers the lands adjacent to which are partially or predominantly used for agriculture and other dispersed human activities which do not substantially interfere with public use and enjoyment of the rivers and their shores. Waters would be kept unpolluted. Lands adjacent to any such river would remain primarily in the type of use existing at the time of designation as a state scenic river or else be allowed to revert to natural conditions. Scenic values should be preserved by acquisition of conservation easements, zoning and similar means, and by acquisition of fee title of areas set aside for access, camping and recreation. Acquisition of fee title or other areas would not be precluded, particularly where the cost of alternative methods of land use control is comparable to the cost of acquiring the fee with lease-back or other similar arrangements.
Those rivers or sections of rivers in areas affected by the works of man, but which still possess actual or potential scenic values. Included would be rivers with some housing or other building developments near their shorelines, rivers with parallel roads or railroads, rivers with some impoundments, and rivers polluted, for example, by strip-mine runoff. These rivers would be managed to prevent further loss of scenic values, to improve the scenic aspects of their surroundings, and to restore the quality of their waters. A polluted river section in an otherwise natural area could be improved to the point where it would be upgraded to Class I. Lands adjacent to any such river, and the use thereof, should be subject to public control by zoning, tax incentives, acquisition of easements or fee title and other means sufficient to realize the purposes for which such river is designated a state scenic river.
Those rivers or sections of rivers in areas with river management zones affected by the works of man but which still possess actual or potential scenic values, the land adjacent to that which is managed by the state in cooperation with federal agencies, and which rivers are suited to recreational whitewater rafting. These rivers may be managed for tourism promotion and economic development activities that benefit the river management zone, including releases for the benefit of persons to participate in whitewater rafting, whitewater races, special events, and for private paddlers.
Amended by 2024 Tenn. Acts, ch. 1044,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1044,s 2, eff. 7/1/2024.
Acts 1968, ch. 540, § 4; T.C.A., § 11-1403.
Tenn. Code Ann. § 11-4-301 — TN Code / Title 11 / Chapter 4 / Section 11-4-301
Selection - Powers and duties
Status: in_force

(a) The commission shall submit to the governor the names of three (3) qualified individuals for the position of state forester. From these nominees, one (1) individual may be selected for such position. The person so appointed shall have not less than five (5) years' experience in the management of state, federal or private forests and shall have as a minimum a bachelor's degree in forestry from an institution accredited by the Society of American Foresters. (b) The state forester shall serve at the pleasure of the commissioner and shall be paid a salary as approved by the department of human resources. Unless otherwise provided by the commissioner, the existing state forester shall serve as the state forester under this chapter and the commission shall not submit the names of nominees pursuant to § 11-4-201(i)(1) until such time as a vacancy occurs in such position. (c) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (d) The state forester, under the general supervision of the commissioner, has the duty and responsibility to: (1) Have knowledge of all forest interests and all matters pertaining to forestry within the state; (2) Select and employ the personnel of the division in accordance with personnel regulations as established by the department of human resources; (3) Supervise the employees of the division; (4) Implement and administer the programs and policies of the division; (5) Take action to effectively prevent and suppress wildland fires; (6) Enforce laws and regulations pertaining to forests in the state and recommend prosecution for violators; (7) Promote and conduct educational activities in the interest of forest conservation; (8) Cooperate with private landowners in planning for protection, management and replacement of forests; (9) Compile statistics of forest conditions, resources and management programs; (10) Protect and manage lands designated as state forests; (11) Prepare long-range comprehensive plans for the protection, development, and utilization of the state's forest resources; (12) Cooperate with the public and private forestry interests, government entities and private organizations to promote the efficient marketing and utilization of the state's forest resource; (13) Prepare and submit to the commissioner and the commission the annual budget request for the division and an annual report concerning division activities and accomplishments; (14) Collect and distribute data relative to forest problems and conditions and to supervise the enforcement of forestry laws; (15) Cooperate with federal, state, and local governmental entities, private organizations, and individuals in programs and activities that promote the protection, development, conservation, and wise utilization of the state's forests, including the reforestation and reclamation of eroding and other unproductive lands; (16) Serve as compact administrator for the state in matters pertaining to the Southeast Interstate Forest Fire Protection Compact as outlined in part 5 of this chapter; (17) Develop and distribute information about forest resource conditions and division programs and conduct educational activities in the interest of forest conservation; and (18) With approval of the commissioner, promulgate such rules and regulations as may be necessary to implement the Tennessee Forestry Code. Acts 1921, ch. 156, § 3; impl. am. Acts 1923, ch. 7, §§ 29, 30; Shan. Supp. §§ 325a111, 325a112; Code 1932, §§ 550, 552; mod. C. Supp. 1950, § 630.8; T.C.A. (orig. ed.), § 11-403; Acts 1984, ch. 978, § 1; 1986, ch. 652, §§ 8, 48; T.C.A., § 11-4-103 .
(a) The commission shall submit to the governor the names of three (3) qualified individuals for the position of state forester. From these nominees, one (1) individual may be selected for such position. The person so appointed shall have not less than five (5) years' experience in the management of state, federal or private forests and shall have as a minimum a bachelor's degree in forestry from an institution accredited by the Society of American Foresters.
(b) The state forester shall serve at the pleasure of the commissioner and shall be paid a salary as approved by the department of human resources. Unless otherwise provided by the commissioner, the existing state forester shall serve as the state forester under this chapter and the commission shall not submit the names of nominees pursuant to § 11-4-201(i)(1) until such time as a vacancy occurs in such position.
(c) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The state forester, under the general supervision of the commissioner, has the duty and responsibility to: (1) Have knowledge of all forest interests and all matters pertaining to forestry within the state; (2) Select and employ the personnel of the division in accordance with personnel regulations as established by the department of human resources; (3) Supervise the employees of the division; (4) Implement and administer the programs and policies of the division; (5) Take action to effectively prevent and suppress wildland fires; (6) Enforce laws and regulations pertaining to forests in the state and recommend prosecution for violators; (7) Promote and conduct educational activities in the interest of forest conservation; (8) Cooperate with private landowners in planning for protection, management and replacement of forests; (9) Compile statistics of forest conditions, resources and management programs; (10) Protect and manage lands designated as state forests; (11) Prepare long-range comprehensive plans for the protection, development, and utilization of the state's forest resources; (12) Cooperate with the public and private forestry interests, government entities and private organizations to promote the efficient marketing and utilization of the state's forest resource; (13) Prepare and submit to the commissioner and the commission the annual budget request for the division and an annual report concerning division activities and accomplishments; (14) Collect and distribute data relative to forest problems and conditions and to supervise the enforcement of forestry laws; (15) Cooperate with federal, state, and local governmental entities, private organizations, and individuals in programs and activities that promote the protection, development, conservation, and wise utilization of the state's forests, including the reforestation and reclamation of eroding and other unproductive lands; (16) Serve as compact administrator for the state in matters pertaining to the Southeast Interstate Forest Fire Protection Compact as outlined in part 5 of this chapter; (17) Develop and distribute information about forest resource conditions and division programs and conduct educational activities in the interest of forest conservation; and (18) With approval of the commissioner, promulgate such rules and regulations as may be necessary to implement the Tennessee Forestry Code.
(1) Have knowledge of all forest interests and all matters pertaining to forestry within the state;
(2) Select and employ the personnel of the division in accordance with personnel regulations as established by the department of human resources;
(3) Supervise the employees of the division;
(4) Implement and administer the programs and policies of the division;
(5) Take action to effectively prevent and suppress wildland fires;
(6) Enforce laws and regulations pertaining to forests in the state and recommend prosecution for violators;
(7) Promote and conduct educational activities in the interest of forest conservation;
(8) Cooperate with private landowners in planning for protection, management and replacement of forests;
(9) Compile statistics of forest conditions, resources and management programs;
(10) Protect and manage lands designated as state forests;
(11) Prepare long-range comprehensive plans for the protection, development, and utilization of the state's forest resources;
(12) Cooperate with the public and private forestry interests, government entities and private organizations to promote the efficient marketing and utilization of the state's forest resource;
(13) Prepare and submit to the commissioner and the commission the annual budget request for the division and an annual report concerning division activities and accomplishments;
(14) Collect and distribute data relative to forest problems and conditions and to supervise the enforcement of forestry laws;
(15) Cooperate with federal, state, and local governmental entities, private organizations, and individuals in programs and activities that promote the protection, development, conservation, and wise utilization of the state's forests, including the reforestation and reclamation of eroding and other unproductive lands;
(16) Serve as compact administrator for the state in matters pertaining to the Southeast Interstate Forest Fire Protection Compact as outlined in part 5 of this chapter;
(17) Develop and distribute information about forest resource conditions and division programs and conduct educational activities in the interest of forest conservation; and
(18) With approval of the commissioner, promulgate such rules and regulations as may be necessary to implement the Tennessee Forestry Code.
Acts 1921, ch. 156, § 3; impl. am. Acts 1923, ch. 7, §§ 29, 30; Shan. Supp. §§ 325a111, 325a112; Code 1932, §§ 550, 552; mod. C. Supp. 1950, § 630.8; T.C.A. (orig. ed.), § 11-403; Acts 1984, ch. 978, § 1; 1986, ch. 652, §§ 8, 48; T.C.A., § 11-4-103 .
Tenn. Code Ann. § 11-14-307 — TN Code / Title 11 / Chapter 14 / Section 11-14-307
Use of the fund
Status: in_force

(a) All revenues deposited to the trust fund pursuant to § 11-14-305 , other than investment income, shall constitute the corpus of the trust fund. The corpus of the trust fund shall not be expended for any purpose. (b) (1) The balance of the yearly interest and earnings of the trust fund shall be separately accounted for but may be appropriated for any of the following public purposes: (A) The acquisition of lands, waters, or interests in lands and waters; (B) Development of outdoor recreation facilities to serve the general public; (C) Other capital projects for the conservation of air, land and water resources; (D) The acquisition or preservation of historic or archaeological properties which are significant to the cultural history of the state; (E) Grants or other financial assistance to any county or municipal government for any of the above purposes; provided, that such county or municipal government provides an equal amount for any given project; or (F) Reimbursement of greenbelt rollback taxes assessed against a county or municipal government as the result of acquisition of land for a park; provided, however, that if the land is not used as a park for ten (10) years or more, the county or municipality shall repay the amount of the reimbursement to the fund. (2) Any unencumbered and unexpended balance of such interest and earnings remaining at the end of any fiscal year shall not revert to the general fund but shall be carried forward until expended. All grants or other financial assistance to county or municipal governments shall be subject to the approval of the commissioner of environment and conservation. (c) The state treasurer may deduct reasonable service charges from the interest and earnings of the trust fund pursuant to procedures established by the state treasurer and the commissioner of finance and administration. Acts 1985, ch. 189, § 7; 1992, ch. 687, § 1; 2012, ch. 959, § 1.
(a) All revenues deposited to the trust fund pursuant to § 11-14-305 , other than investment income, shall constitute the corpus of the trust fund. The corpus of the trust fund shall not be expended for any purpose.
(b) (1) The balance of the yearly interest and earnings of the trust fund shall be separately accounted for but may be appropriated for any of the following public purposes: (A) The acquisition of lands, waters, or interests in lands and waters; (B) Development of outdoor recreation facilities to serve the general public; (C) Other capital projects for the conservation of air, land and water resources; (D) The acquisition or preservation of historic or archaeological properties which are significant to the cultural history of the state; (E) Grants or other financial assistance to any county or municipal government for any of the above purposes; provided, that such county or municipal government provides an equal amount for any given project; or (F) Reimbursement of greenbelt rollback taxes assessed against a county or municipal government as the result of acquisition of land for a park; provided, however, that if the land is not used as a park for ten (10) years or more, the county or municipality shall repay the amount of the reimbursement to the fund. (2) Any unencumbered and unexpended balance of such interest and earnings remaining at the end of any fiscal year shall not revert to the general fund but shall be carried forward until expended. All grants or other financial assistance to county or municipal governments shall be subject to the approval of the commissioner of environment and conservation.
(1) The balance of the yearly interest and earnings of the trust fund shall be separately accounted for but may be appropriated for any of the following public purposes: (A) The acquisition of lands, waters, or interests in lands and waters; (B) Development of outdoor recreation facilities to serve the general public; (C) Other capital projects for the conservation of air, land and water resources; (D) The acquisition or preservation of historic or archaeological properties which are significant to the cultural history of the state; (E) Grants or other financial assistance to any county or municipal government for any of the above purposes; provided, that such county or municipal government provides an equal amount for any given project; or (F) Reimbursement of greenbelt rollback taxes assessed against a county or municipal government as the result of acquisition of land for a park; provided, however, that if the land is not used as a park for ten (10) years or more, the county or municipality shall repay the amount of the reimbursement to the fund.
(A) The acquisition of lands, waters, or interests in lands and waters;
(B) Development of outdoor recreation facilities to serve the general public;
(C) Other capital projects for the conservation of air, land and water resources;
(D) The acquisition or preservation of historic or archaeological properties which are significant to the cultural history of the state;
(E) Grants or other financial assistance to any county or municipal government for any of the above purposes; provided, that such county or municipal government provides an equal amount for any given project; or
(F) Reimbursement of greenbelt rollback taxes assessed against a county or municipal government as the result of acquisition of land for a park; provided, however, that if the land is not used as a park for ten (10) years or more, the county or municipality shall repay the amount of the reimbursement to the fund.
(2) Any unencumbered and unexpended balance of such interest and earnings remaining at the end of any fiscal year shall not revert to the general fund but shall be carried forward until expended. All grants or other financial assistance to county or municipal governments shall be subject to the approval of the commissioner of environment and conservation.
(c) The state treasurer may deduct reasonable service charges from the interest and earnings of the trust fund pursuant to procedures established by the state treasurer and the commissioner of finance and administration.
Acts 1985, ch. 189, § 7; 1992, ch. 687, § 1; 2012, ch. 959, § 1.
Tenn. Code Ann. § 11-8-103 — TN Code / Title 11 / Chapter 8 / Section 11-8-103
Ocoee River recreation and economic development fund - Purpose of chapter
Status: in_force

(a) The Ocoee River recreation and economic development fund is established as a special agency account in the general fund. (b) The purpose of this chapter is to support recreational water releases on the Ocoee River, to provide for management of the Ocoee River management zone by Tennessee State Parks, and to encourage the economic growth of the Ocoee River. (c) All revenue collected from the Ocoee River recreation fee, pursuant to § 11-8-107 , shall be deposited into the development fund. (d) The development fund shall be available to the commissioner for expenditures for the following purposes: (1) All costs incurred by the department associated with management of the Ocoee River management zone; (2) Expenses of the board and the department associated with administration of the development fund; and (3) The cost of making payments to the Tennessee Valley authority for additional releases of water on the Ocoee River. (e) Subject to availability of sufficient moneys in the development fund beyond those needed for expenditures for the purposes stated in subsection (d), the commissioner and the board may use the development fund for expenditures for the following purposes: (1) Infrastructure upgrades to the Ocoee River management zone; (2) Tourism promotion and economic development activities that benefit the Ocoee River management zone; and (3) Other reasonable expenses as determined by the commissioner or the board to be necessary to carry out the intent of this chapter. (f) The development fund may accept funds from any public or private entity and may solicit private grants or donations. (g) Moneys from the development fund shall not be transferred or otherwise revert to the general fund. (h) The state treasurer shall invest moneys in the development fund, in accordance with § 9-4-603 , except as qualified by this chapter. The state treasurer shall hold the development fund separate and apart from all other moneys, funds, and accounts. (i) Any balance remaining unexpended at the end of a fiscal year in the development fund shall be carried forward into the subsequent fiscal year. (j) Investment earnings credited to the assets of the development fund, including, but not limited to, interest, shall be carried forward into the subsequent fiscal year. (k) Moneys received by a nonprofit entity created pursuant to § 11-8-105(a)(3) , shall be expended only in accordance with, and for the purposes stated in, this chapter. Amended by 2024 Tenn. Acts, ch. 1044,s 1, eff. 7/1/2024. Amended by 2018 Tenn. Acts, ch. 753, s 1, eff. 4/18/2018. Added by 2017 Tenn. Acts, ch. 434, s 1, eff. 5/17/2017.
(a) The Ocoee River recreation and economic development fund is established as a special agency account in the general fund.
(b) The purpose of this chapter is to support recreational water releases on the Ocoee River, to provide for management of the Ocoee River management zone by Tennessee State Parks, and to encourage the economic growth of the Ocoee River.
(c) All revenue collected from the Ocoee River recreation fee, pursuant to § 11-8-107 , shall be deposited into the development fund.
(d) The development fund shall be available to the commissioner for expenditures for the following purposes: (1) All costs incurred by the department associated with management of the Ocoee River management zone; (2) Expenses of the board and the department associated with administration of the development fund; and (3) The cost of making payments to the Tennessee Valley authority for additional releases of water on the Ocoee River.
(1) All costs incurred by the department associated with management of the Ocoee River management zone;
(2) Expenses of the board and the department associated with administration of the development fund; and
(3) The cost of making payments to the Tennessee Valley authority for additional releases of water on the Ocoee River.
(e) Subject to availability of sufficient moneys in the development fund beyond those needed for expenditures for the purposes stated in subsection (d), the commissioner and the board may use the development fund for expenditures for the following purposes: (1) Infrastructure upgrades to the Ocoee River management zone; (2) Tourism promotion and economic development activities that benefit the Ocoee River management zone; and (3) Other reasonable expenses as determined by the commissioner or the board to be necessary to carry out the intent of this chapter.
(1) Infrastructure upgrades to the Ocoee River management zone;
(2) Tourism promotion and economic development activities that benefit the Ocoee River management zone; and
(3) Other reasonable expenses as determined by the commissioner or the board to be necessary to carry out the intent of this chapter.
(f) The development fund may accept funds from any public or private entity and may solicit private grants or donations.
(g) Moneys from the development fund shall not be transferred or otherwise revert to the general fund.
(h) The state treasurer shall invest moneys in the development fund, in accordance with § 9-4-603 , except as qualified by this chapter. The state treasurer shall hold the development fund separate and apart from all other moneys, funds, and accounts.
(i) Any balance remaining unexpended at the end of a fiscal year in the development fund shall be carried forward into the subsequent fiscal year.
(j) Investment earnings credited to the assets of the development fund, including, but not limited to, interest, shall be carried forward into the subsequent fiscal year.
(k) Moneys received by a nonprofit entity created pursuant to § 11-8-105(a)(3) , shall be expended only in accordance with, and for the purposes stated in, this chapter.
Amended by 2024 Tenn. Acts, ch. 1044,s 1, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 753, s 1, eff. 4/18/2018.
Added by 2017 Tenn. Acts, ch. 434, s 1, eff. 5/17/2017.
Tenn. Code Ann. § 11-6-106 — TN Code / Title 11 / Chapter 6 / Section 11-6-106
Defacement of sites or artifacts - Penalty
Status: in_force

In order that sites and artifacts on state-owned or controlled land shall be protected for the benefit of the public, it is a misdemeanor for any person, natural or corporate, to write upon, carve upon, paint, deface, mutilate, destroy, or otherwise injure any object of antiquity, artifact, Indian painting, Indian carving, or sites and all such acts of vandalism shall be punished as Class A misdemeanors according to this chapter. Acts 1970, ch. 468, § 6; T.C.A., § 11-1506; Acts 1989, ch. 591.
In order that sites and artifacts on state-owned or controlled land shall be protected for the benefit of the public, it is a misdemeanor for any person, natural or corporate, to write upon, carve upon, paint, deface, mutilate, destroy, or otherwise injure any object of antiquity, artifact, Indian painting, Indian carving, or sites and all such acts of vandalism shall be punished as Class A misdemeanors according to this chapter.
Acts 1970, ch. 468, § 6; T.C.A., § 11-1506; Acts 1989, ch. 591.
Tenn. Code Ann. § 11-14-112 — TN Code / Title 11 / Chapter 14 / Section 11-14-112
Registration of privately owned areas
Status: in_force

The department shall maintain a registry of scenic or natural-scientific areas that are not in state ownership and whose owners have agreed to maintain them in a natural state, in accordance with such rules and regulations promulgated by the commissioner. Owners of such areas shall be permitted to make public the fact that the area is listed in the state registry. If the commissioner finds at any time that the owner has failed to maintain the criteria for natural areas as specified in this part, registration shall lapse. Acts 1971, ch. 116, § 12; 1978, ch. 634, § 2; T.C.A., § 11-1712.
The department shall maintain a registry of scenic or natural-scientific areas that are not in state ownership and whose owners have agreed to maintain them in a natural state, in accordance with such rules and regulations promulgated by the commissioner. Owners of such areas shall be permitted to make public the fact that the area is listed in the state registry. If the commissioner finds at any time that the owner has failed to maintain the criteria for natural areas as specified in this part, registration shall lapse.
Acts 1971, ch. 116, § 12; 1978, ch. 634, § 2; T.C.A., § 11-1712.
Tenn. Code Ann. § 11-1-106 — TN Code / Title 11 / Chapter 1 / Section 11-1-106
Personal property - Acquiring and holding
Status: in_force

The department is empowered to receive by bequest, gift, or otherwise, money or other personal property for park purposes, to be held and used under § 11-1-105 . Acts 1925, ch. 55, § 4-a, as added by Acts 1927, ch. 57, § 1; Code 1932, § 5197; impl. am. Acts 1937, ch. 33, § 69; T.C.A. (orig. ed.), § 11-106; Acts 1992, ch. 693, § 12.
The department is empowered to receive by bequest, gift, or otherwise, money or other personal property for park purposes, to be held and used under § 11-1-105 .
Acts 1925, ch. 55, § 4-a, as added by Acts 1927, ch. 57, § 1; Code 1932, § 5197; impl. am. Acts 1937, ch. 33, § 69; T.C.A. (orig. ed.), § 11-106; Acts 1992, ch. 693, § 12.
Tenn. Code Ann. § 11-13-110 — TN Code / Title 11 / Chapter 13 / Section 11-13-110
Daily commercial rafting carrying capacity
Status: in_force

(a) Notwithstanding any law, rule or regulation to the contrary, the daily commercial carrying capacity for that section of the Ocoee River between Rogers Branch and Caney Creek in the lower Ocoee River Recreational Area shall be four thousand two hundred and fifty (4,250) commercial customers for the dates on which the commercial usage on such dates during the last season exceeded four thousand two hundred and fifty (4,250) customers. Each date on which the carrying capacity was capped for the last season shall also be capped on the same date for the next season unless the commercial usage on the capped date during the previous season fell below four thousand fifty (4,050) customers. (b) Notwithstanding subsection (a), Hiwassee/Ocoee Scenic River State Park management shall have the authority to increase or decrease the daily commercial carrying capacity at the lower Ocoee River Recreational Area to the extent staffing and infrastructure will allow; provided, that any such decrease will not go below four thousand (4,000) commercial customers. (c) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2010, ch. 944, § 1.
(a) Notwithstanding any law, rule or regulation to the contrary, the daily commercial carrying capacity for that section of the Ocoee River between Rogers Branch and Caney Creek in the lower Ocoee River Recreational Area shall be four thousand two hundred and fifty (4,250) commercial customers for the dates on which the commercial usage on such dates during the last season exceeded four thousand two hundred and fifty (4,250) customers. Each date on which the carrying capacity was capped for the last season shall also be capped on the same date for the next season unless the commercial usage on the capped date during the previous season fell below four thousand fifty (4,050) customers.
(b) Notwithstanding subsection (a), Hiwassee/Ocoee Scenic River State Park management shall have the authority to increase or decrease the daily commercial carrying capacity at the lower Ocoee River Recreational Area to the extent staffing and infrastructure will allow; provided, that any such decrease will not go below four thousand (4,000) commercial customers.
(c) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2010, ch. 944, § 1.
Tenn. Code Ann. § 11-18-104 — TN Code / Title 11 / Chapter 18 / Section 11-18-104
Jurisdiction retained over highways and streams
Status: in_force

(a) The state of Tennessee and its governmental or political subdivisions shall retain its and their title and ownership in and to and jurisdiction over all highways and thoroughfares over or contiguous to lands so acquired, and to all bridges and ferries forming parts of such highways or over streams affected thereby, together with the right to locate, relocate and reconstruct roads over such lands, and bridges and ferries over such streams as may be necessary to protect and improve the highways of the state and its subdivisions and to promote the free flow of commerce between the different communities of this state inter sese and other states. (b) Federal agencies acquiring lands for public improvement in this state shall have no right to destroy or impair the use of any highway, bridge or ferry, public or private, without first compensating or making satisfactory arrangement with the owner thereof for another facility of equal service and value. Acts 1933, ch. 161, § 4; 1943, ch. 150, § 2; C. Supp. 1950, §5201.5; T.C.A. (orig. ed.), § 11-1004.
(a) The state of Tennessee and its governmental or political subdivisions shall retain its and their title and ownership in and to and jurisdiction over all highways and thoroughfares over or contiguous to lands so acquired, and to all bridges and ferries forming parts of such highways or over streams affected thereby, together with the right to locate, relocate and reconstruct roads over such lands, and bridges and ferries over such streams as may be necessary to protect and improve the highways of the state and its subdivisions and to promote the free flow of commerce between the different communities of this state inter sese and other states.
(b) Federal agencies acquiring lands for public improvement in this state shall have no right to destroy or impair the use of any highway, bridge or ferry, public or private, without first compensating or making satisfactory arrangement with the owner thereof for another facility of equal service and value.
Acts 1933, ch. 161, § 4; 1943, ch. 150, § 2; C. Supp. 1950, §5201.5; T.C.A. (orig. ed.), § 11-1004.
Tenn. Code Ann. § 11-25-114 — TN Code / Title 11 / Chapter 25 / Section 11-25-114
Public instrumentality - Public nonprofit corporation
Status: in_force

(a) The authority is hereby declared to be performing a public function and to be a public instrumentality. The acquisition, operating and financing of any project by the authority is declared to be for a public and governmental purpose and a matter of public necessity. Accordingly, the authority and all properties at any time owned by it and the income from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all state, county and municipal taxation. For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state. (b) The authority shall be a public nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any person. Acts 2012, ch. 1106, § 1.
(a) The authority is hereby declared to be performing a public function and to be a public instrumentality. The acquisition, operating and financing of any project by the authority is declared to be for a public and governmental purpose and a matter of public necessity. Accordingly, the authority and all properties at any time owned by it and the income from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all state, county and municipal taxation. For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.
(b) The authority shall be a public nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any person.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-11-202 — TN Code / Title 11 / Chapter 11 / Section 11-11-202
Plan for promotion and development of adventure tourism and other recreation and economic development in rural areas
Status: in_force

The department of economic and community development, in cooperation with the department of environment and conservation, is directed to study and develop a plan for the promotion and development of adventure tourism and other recreational and economic development activities in rural areas of this state. Such study and plan shall be developed within existing departmental resources. The departments are directed to consider natural areas, best available science, existing recreational opportunities, economic conditions, including, but not limited to, persistent high unemployment, safety and environmental issues, and community interest in developing such plan. Such plan should include recommendations on whether and to what extent existing laws should be amended and any new laws should be enacted in order to encourage development of adventure tourism in this state. The department of environment and conservation and the department of tourist development are authorized to promulgate rules to effectuate the purposes of this part. Amended by 2016 Tenn. Acts, ch. 845,s 1, eff. 4/19/2016. Acts 2011, ch. 383, § 1.
The department of economic and community development, in cooperation with the department of environment and conservation, is directed to study and develop a plan for the promotion and development of adventure tourism and other recreational and economic development activities in rural areas of this state. Such study and plan shall be developed within existing departmental resources. The departments are directed to consider natural areas, best available science, existing recreational opportunities, economic conditions, including, but not limited to, persistent high unemployment, safety and environmental issues, and community interest in developing such plan. Such plan should include recommendations on whether and to what extent existing laws should be amended and any new laws should be enacted in order to encourage development of adventure tourism in this state. The department of environment and conservation and the department of tourist development are authorized to promulgate rules to effectuate the purposes of this part.
Amended by 2016 Tenn. Acts, ch. 845,s 1, eff. 4/19/2016.
Acts 2011, ch. 383, § 1.
Tenn. Code Ann. § 11-21-109 — TN Code / Title 11 / Chapter 21 / Section 11-21-109
Departments of environment and conservation and education to advise and assist counties
Status: in_force

The departments of environment and conservation and education shall advise with and may assist any county or counties in carrying out the purposes of this chapter. Acts 1961, ch. 213, § 9; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-1109.
The departments of environment and conservation and education shall advise with and may assist any county or counties in carrying out the purposes of this chapter.
Acts 1961, ch. 213, § 9; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-1109.
Tenn. Code Ann. § 11-9-201 — TN Code / Title 11 / Chapter 9 / Section 11-9-201
Short title
Status: in_force

The title of this part is and may be cited as the "Tennessee Recreation Initiative Program of 1995." Acts 1995, ch. 540, § 2.
The title of this part is and may be cited as the "Tennessee Recreation Initiative Program of 1995."
Acts 1995, ch. 540, § 2.
Tenn. Code Ann. § 11-13-117 — TN Code / Title 11 / Chapter 13 / Section 11-13-117
Violations - Penalty
Status: in_force

Whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner of environment and conservation may be compelled to comply with or obey the same by injunction, mandamus or other appropriate remedy; provided, that whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner may be punished by a fine of not more than fifty dollars ($50.00) for each day of such violation. Acts 1968, ch. 540, § 18; T.C.A., § 11-1417.
Whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner of environment and conservation may be compelled to comply with or obey the same by injunction, mandamus or other appropriate remedy; provided, that whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner may be punished by a fine of not more than fifty dollars ($50.00) for each day of such violation.
Acts 1968, ch. 540, § 18; T.C.A., § 11-1417.
Tenn. Code Ann. § 11-6-104 — TN Code / Title 11 / Chapter 6 / Section 11-6-104
Excavated artifacts - Property of state - Availability and care
Status: in_force

(a) All artifacts and other materials excavated, discovered, donated, or otherwise acquired by the division of archaeology acquired in pursuance of this program shall be the property of the state of Tennessee and be placed under the custodianship of the division of archaeology. The state archaeologist has primary responsibility to assure that the material is properly and adequately safeguarded and available at all reasonable times to interested scientists and to the public insofar as funds and good scientific practices permit. The state archaeologist may, whenever it is consistent with good scientific practices and in the furtherance of the aims and purposes of the division, approve and permit the loan of such objects and materials to nonprofit scientific organizations, public agencies, museums, and institutions of higher learning both within and without Tennessee for purposes of research or public education. (b) There shall be no public exhibition or display of Native American Indian human remains held by the division. Acts 1970, ch. 468, § 4; T.C.A., § 11-1504; Acts 1990, ch. 852, § 5.
(a) All artifacts and other materials excavated, discovered, donated, or otherwise acquired by the division of archaeology acquired in pursuance of this program shall be the property of the state of Tennessee and be placed under the custodianship of the division of archaeology. The state archaeologist has primary responsibility to assure that the material is properly and adequately safeguarded and available at all reasonable times to interested scientists and to the public insofar as funds and good scientific practices permit. The state archaeologist may, whenever it is consistent with good scientific practices and in the furtherance of the aims and purposes of the division, approve and permit the loan of such objects and materials to nonprofit scientific organizations, public agencies, museums, and institutions of higher learning both within and without Tennessee for purposes of research or public education.
(b) There shall be no public exhibition or display of Native American Indian human remains held by the division.
Acts 1970, ch. 468, § 4; T.C.A., § 11-1504; Acts 1990, ch. 852, § 5.