reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.209 - North Carolina Zoo Fund.

§ 143B-135.209. North Carolina Zoo Fund.
(a) Fund. – The North Carolina Zoo Fund is created as a special fund. The North Carolina Zoo Fund shall be used for the following types of projects and activities at the North Carolina Zoological Park and to match private funds raised for these projects and activities:
(1) Repair, renovation, expansion, maintenance, and educational exhibit construction. Funds used for repair, renovation, and expansion projects may be transferred to a capital projects fund to account for use of the funds for each project.
(2) Renovations of exhibits in habitat clusters, visitor services facilities, and support facilities (including greenhouses and temporary animal holding areas).
(3) The acquisition, maintenance, or replacement of tram equipment as required to maintain adequate service to the public.
(4) Marketing the North Carolina Zoological Park.
(b) Disposition of Receipts. – All receipts derived from the collection of admissions charges and other fees, the lease or rental of property or facilities, and the disposition of products of the land or structures shall be credited to the North Carolina Zoological Park's General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina Zoological Park's General Fund operating budget to the North Carolina Zoo Fund an amount not to exceed the sum of one million five hundred thousand dollars ($1,500,000) and any donations, gifts, and devises received by the North Carolina Zoological Park.
(c) Approval. – The Secretary may approve the use of the North Carolina Zoo Fund for repair and renovation projects at the North Carolina Zoological Park that comply with the following:
(1) The total project cost is less than five hundred thousand dollars ($500,000).
(2) The project meets the criteria to be classified as a repair or renovation under G.S. 143C-8-13(a).
(3) The project is paid for from funds appropriated to the Fund.
(4) The project does not obligate the State to provide increased recurring funding for operations.
(d) Report. – The Department shall submit to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Zoo Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year. (1989, c. 752, s. 154; 1995, c. 324, s. 26.11; 1997-443, s. 11A.119(a); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2005-386, s. 5; 2010-142, s. 4; 2015-241, s. 14.30(i), (p); 2016-94, s. 16.6(a); 2017-57, ss. 14.3(i), 36.12(f); 2021-180, ss. 14.3(b), 14.3A(b); 2023-70, s. 7(c).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.210 - Right to receive gifts.

§ 143B-135.210. Right to receive gifts.
In order to carry out the purposes of this Part, the Council and the Secretary of Natural and Cultural Resources are authorized to acquire by gift or will, absolutely or in trust, from individuals, corporations, or any other source money or other property, or any interests in property, which may be retained, sold or otherwise used to promote the purposes of this Part. The use of gifts shall be subject to such limitations as may be imposed thereon by donors, notwithstanding any other provisions of this Part. (1969, c. 1104, s. 8; 2015-241, s. 14.30(j), (q); 2023-70, s. 7(d).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.211 - Tax exemption for gifts to North Carolina Zoological Park.

§ 143B-135.211. Tax exemption for gifts to North Carolina Zoological Park.
All gifts made to the North Carolina Zoological Park for the purposes of this Part shall be exempt from every form of taxation including, but not by the way of limitation, ad valorem, intangible, gift, inheritance and income taxation. Proceeds from the sale of any property acquired under the provisions of this Part shall be deposited in the North Carolina State treasury and shall be credited to the North Carolina Zoological Park. (1969, c. 1104, s. 9; 1973, c. 1262, s. 85; 2015-241, ss. 14.30(j), (q).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.212 - Cities and counties.

§ 143B-135.212. Cities and counties.
Cities and counties are hereby authorized to expend funds derived from nontax sources and to make gifts of surplus property, to assist in carrying out the purposes of this Part. (1969, c. 1104, s. 10; 2015-241, ss. 14.30(j), (q).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.213 - Sources of funds.

§ 143B-135.213. Sources of funds.
(a) It is the intent of this Part that the funds for the creation, establishment, construction, operation and maintenance of the North Carolina Zoological Park shall be obtained primarily from private sources; however, the Secretary of Natural and Cultural Resources is hereby authorized to receive and expend such funds as may from time to time become available by appropriation or otherwise from the State of North Carolina; provided, that the Secretary shall not in any manner pledge the faith and credit of the State of North Carolina for any of its purposes.
(b) The Secretary of Natural and Cultural Resources is authorized to establish and set admission fees which are reasonable and consistent with the purpose and function of the North Carolina Zoological Park, as recommended by the Council.
(c) Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Secretary of Natural and Cultural Resources may dispose of any exhibit, exhibit component, or object from the collections of the North Carolina Zoological Park by sale, lease, donation, or trade. A sale, lease, donation, or trade under this subsection shall be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums. After deducting the expenses attributable to the sale or lease, the net proceeds of any sale or lease shall be credited to the North Carolina Zoo Fund. (1969, c. 1104, s. 11; 1973, c. 1262, s. 85; 1977, c. 771, s. 4; 1981, c. 278, s. 1; 1989, c. 727, s. 218(101); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(j), (q); 2017-57, s. 14.3(j); 2023-70, s. 7(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.214 - Powers of Department regarding certain fee negotiations, contracts, and capital improvements.

§ 143B-135.214. Powers of Department regarding certain fee negotiations, contracts, and capital improvements.
(a) The exception for the North Carolina Zoological Park set forth in G.S. 143-341(3) shall apply only to projects requiring the estimated expenditure of public money of two million dollars ($2,000,000) or less. The Department of Natural and Cultural Resources shall, with respect to the design, construction, or renovation of buildings, utilities, and other property developments of the North Carolina Zoological Park that fall below that threshold:
(1) Conduct the fee negotiations for all design contracts and supervise the letting of all construction and design contracts.
(2) Develop procedures governing the responsibilities of the Department to perform the duties of the Department of Administration under G.S. 133-1.1(d) and G.S. 143-341(3).
(3) Use existing plans and specifications for construction projects, where feasible. Prior to designing a project, the Department shall consult with the Department of Administration on the availability of existing plans and specifications and the feasibility of using them for a project.
(b) The Department shall use the standard contracts for design and construction currently in use for State capital improvement projects by the Office of State Construction of the Department of Administration.
(c) A contract may not be divided for the purpose of evading the monetary limit under this section.
(d) Notwithstanding any other provision of this Chapter, the Department of Administration shall not be the awarding authority for contracts awarded pursuant to this section.
(e) This section shall not exempt any capital improvement project from review and approval as may be required by law by the entity having jurisdiction over the subject property.
(f) The Department shall annually report to the State Building Commission the following:
(1) A list of projects governed by this section.
(2) The estimated cost of each project along with the actual cost.
(3) The name of each person awarded a contract under this section.
(4) Whether the person or business awarded a contract under this section meets the definition of "minority business" or "minority person" as defined in G.S. 143-128.2(g).
(g) Unless clearly indicated otherwise, nothing in this section is intended to relieve the Department from the obligations imposed by Article 3 of Chapter 143 of the General Statutes. (2017-57, s. 36.8(b); 2023-70, s. 7(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.215 - Commission created; membership.

§ 143B-135.215. Commission created; membership.
There is created an Advisory Commission for the North Carolina State Museum of Natural Sciences which shall determine its own organization. It shall consist of at least nine members, which shall include the Director of the North Carolina State Museum of Natural Sciences, the Commissioner of Agriculture, the State Geologist and Secretary of Natural and Cultural Resources, the Director of the Institute of Fisheries Research of the University of North Carolina, the Director of the Wildlife Resources Commission, the Superintendent of Public Instruction, or qualified representative of any or all of the above-named members, and at least three persons representing the East, the Piedmont, and the Western areas of the State. Members appointed by the Governor shall serve for four-year staggered terms. Terms shall begin on 1 September. Members appointed by the Governor shall not serve more than three consecutive four-year terms. Any member may be removed by the Governor for cause. (1961, c. 1180, s. 1; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 218(119); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 561, ss. 116(b), (f); 1997-443, s. 11A.119(a); 2007-495, s. 4(a); 2015-241, ss. 14.30(k), (r).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.217 - Duties of Commission; meetings, formulation of policies and recommendations to Governor and General Assembly.

§ 143B-135.217. Duties of Commission; meetings, formulation of policies and recommendations to Governor and General Assembly.
It shall be the duty of the Advisory Commission for the North Carolina State Museum of Natural Sciences to meet at least twice each year, to formulate policies for the advancement of the Museum, to make recommendations to the Governor and to the General Assembly concerning the Museum, and to assist in promoting and developing wider and more effective use of the North Carolina State Museum of Natural Sciences as an educational, scientific and historical exhibit. (1961, c. 1180, s. 2; 1993, c. 561, ss. 116(b), (f); 2015-241, ss. 14.30(k).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.219 - No compensation of members; reimbursement for expenses.

§ 143B-135.219. No compensation of members; reimbursement for expenses.
Members of the Advisory Commission shall serve without compensation and shall be reimbursed for actual expenses incurred while in attendance at meetings of the Commission at the same rate as that established for reimbursement of State employees. Payment for such reimbursement for actual expense shall be made from the Contingency and Emergency Fund. (1961, c. 1180, s. 3; 1993, c. 561, s. 116(b); 2015-241, s. 14.30(k).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.221 - Reports to General Assembly.

§ 143B-135.221. Reports to General Assembly.
The Commission shall prepare and submit a report outlining the needs of the North Carolina State Museum of Natural Sciences and recommendations for improvement of the effectiveness of the North Carolina State Museum of Natural Sciences to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on or before October 1 of each year. (1961, c. 1180, s. 4; 1993, c. 561, ss. 116(b), (f); 2010-142, s. 5; 2015-241, ss. 14.30(k), (r); 2017-57, s. 14.1(ll).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.223 - Museum of Natural Sciences; disposition of objects.

§ 143B-135.223. Museum of Natural Sciences; disposition of objects.
Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Department of Natural and Cultural Resources may sell, lease, donate, or trade any object from the collection of the Museum of Natural Sciences when it would be in the best interest of the Museum to do so. Any sale, lease, donation, or trade under this section shall be conducted in accordance with generally accepted practices for accredited museums. If an object is sold or leased, the net proceeds of the sale or lease shall be deposited in the State treasury to the credit of a special fund to be used for the improvement of the Museum's collections or exhibits. (1991 (Reg. Sess., 1992), c. 900, s. 175; 1997-261, s. 24; 1998-212, s. 21(a); 2015-241, s. 14.30(k), (r); 2023-70, s. 2(h).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.225 - Museum of Natural Sciences; fees; fund.

§ 143B-135.225. Museum of Natural Sciences; fees; fund.
(a) Fund. – The North Carolina Museum of Natural Sciences Fund is created as a special fund. The North Carolina Museum of Natural Sciences Fund shall be used for repair, renovation, expansion, maintenance, and educational exhibit construction at the North Carolina Museum of Natural Sciences and to match private funds raised for these projects.
(b) Certain Admission Fees Permitted; Disposition of Receipts. – The Museum may collect a charge for special exhibitions, special events, and other temporary attractions. All Museum receipts shall be credited to the North Carolina Museum of Natural Sciences' General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina Museum of Natural Sciences' General Fund operating budget to the North Carolina Museum of Natural Sciences Fund an amount not to exceed one million dollars ($1,000,000).
(c) Approval. – The Secretary may approve the use of the North Carolina Museum of Natural Sciences Fund for repair and renovation projects at the North Carolina Museum of Natural Sciences recommended by the Advisory Commission that comply with the following:
(1) The total project cost is less than three hundred thousand dollars ($300,000).
(2) The project meets the requirements of G.S. 143C-8-13(a).
(d) Report. – The Department shall submit to the House and Senate appropriations committees with jurisdiction over natural and economic resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Museum of Natural Sciences Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year. (2015-241, s. 14.30(r); 2015-268, s. 5.4(e); 2017-57, s. 36.12(g).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.229 - North Carolina Museum of Natural Sciences' satellite museums.

§ 143B-135.229. North Carolina Museum of Natural Sciences' satellite museums.
(a) The Department of Natural and Cultural Resources shall establish and administer the North Carolina Museum of Natural Sciences at Whiteville in Columbus County as a satellite museum of the North Carolina State Museum of Natural Sciences.
(b) The Department of Natural and Cultural Resources may enter into agreements with nonprofit organizations to establish satellite museums of the North Carolina State Museum of Natural Sciences that are administered by the nonprofit organizations and meet the requirements of G.S. 143B-135.227(d)(1)-(5). (1998-212, s. 14.1(a); 2015-241, s. 14.30(k), (r); 2019-241, s. 6.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.230 - Purpose.

§ 143B-135.230. Purpose.
(a) It is the intent of the General Assembly to support and accelerate the State's programs of land conservation and protection and farmland and open space preservation and coordination to find means to assure and increase funding for these programs, to support the long-term management of conservation lands acquired by the State, and to improve the coordination, efficiency, and implementation of the various State and local land protection programs operating in North Carolina.
(b) It is the further intent of the General Assembly that moneys from the Fund created under this Part shall be used to help finance projects that enhance or restore degraded surface waters; protect and conserve surface waters, including drinking supplies, and contribute toward a network of riparian buffers and greenways for environmental, educational, and recreational benefits; provide buffers around military bases to protect the military mission; acquire land that represents the ecological diversity of North Carolina; and acquire land that contributes to the development of a balanced State program of historic properties.
(c) It is the further intent of the General Assembly that the State's lands should be protected in a manner that minimizes any adverse impacts on the ability of local governments to carry out their broad mandates. (1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2007-549, s. 1; 2011-374, s. 2.1; 2014-100, s. 14.8(a); 2015-241, s. 14.30(k1); 2020-78, s. 8.4(a), (b); 2023-70, s. 9(c).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.232 - Definitions.

§ 143B-135.232. Definitions.
The following definitions apply in this Part:
(1) Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
(2) Fund. – The North Carolina Land and Water Fund created pursuant to this Part.
(3) Land. – Real property and any interest in, easement in, or restriction on real property.
(4) Local government unit. – Defined in G.S. 159G-20.
(5) Trustees. – The trustees of the North Carolina Land and Water Fund. (1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2005-454, s. 4; 2006-252, s. 2.13; 2014-100, s. 14.8(b); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a); 2023-70, s. 9(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.236 - North Carolina Conservation Easement Endowment Fund.

§ 143B-135.236. North Carolina Conservation Easement Endowment Fund.
(a) The North Carolina Conservation Easement Endowment Fund is established as a special fund in the Office of the State Treasurer. The principal of the Endowment Fund shall consist of a portion of grant funds transferred by the Trustees to the Endowment Fund from the North Carolina Land and Water Fund for stewardship activities related to projects for conservation easements funded from the North Carolina Land and Water Fund. The principal of the Endowment Fund may also consist of any proceeds of any gifts, grants, or contributions to the State that are specifically designated for inclusion in the Endowment Fund and any investment income that is not used in accordance with subsection (b) of this section. The State Treasurer shall hold the Endowment Fund separate and apart from all other moneys, funds, and accounts. The State Treasurer shall invest the assets of the Endowment Fund in accordance with the provisions of G.S. 147-69.2 and G.S. 147-69.3. The State Treasurer shall disburse the endowment investment income only upon the written direction of the Chair of the Board of Trustees. No expenditure or disbursement shall be made from the principal of the Endowment Fund.
(b) The Trustees may authorize the disbursement of the endowment investment income only for activities related to stewardship of conservation easements owned by the State. (2008-107, s. 12.9(a); 2015-241, s. 14.30(k1); 2023-70, s. 9(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.238 - Grant requirements.

§ 143B-135.238. Grant requirements.
(a) Eligible Applicants. – Any of the following are eligible to apply for a grant from the Fund for the purpose of protecting and enhancing water quality:
(1) A State agency.
(2) A local government unit.
(3) A nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of our State's cultural, environmental, or natural resources.
(b) Criteria. – The criteria developed by the Trustees under G.S. 143B-135.242 apply to grants made under this Part.
(c) Matching Requirement. – The Board of Trustees shall establish matching requirements for grants awarded under this Part. This requirement may be satisfied by the donation of land to a public or private nonprofit conservation organization as approved by the Board of Trustees. The Board of Trustees may also waive the requirement to match a grant pursuant to guidelines adopted by the Board of Trustees.
(d) Restriction. – No grant shall be awarded under this Part for any of the following purposes:
(1) To satisfy compensatory mitigation requirements under 33 USC § 1344 or G.S. 143-214.11.
(2) To any project receiving State funds authorized by G.S. 143-215.71 for the nonfederal share of a grant under the Environmental Quality Incentives Program.
(e) Withdrawal. – An award of a grant under this Part which will require a construction contract is withdrawn if the grant recipient fails to enter into a construction contract for the project within one year after the date of execution of the grant contract, unless the Trustees find that the applicant has good cause for the failure. If the Trustees find good cause for a recipient's failure, the Trustees must set a date by which the recipient must take action or forfeit the grant. (1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2005-454, s. 6; 2006-178, s. 1; 2007-185, s. 1; 2014-100, s. 14.8(c); 2015-241, s. 14.30(k1), (r1); 2020-18, s. 12(b); 2023-70, s. 8.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.244 - North Carolina Land and Water Fundreporting requirement.

§ 143B-135.244. North Carolina Land and Water Fund: reporting requirement.
The Chair of the Board of Trustees shall report no later than December 1 each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Subcommittees of the House of Representatives and Senate Appropriations Committees with jurisdiction over natural and economic resources, and the Fiscal Research Division of the General Assembly regarding the implementation of this Part. The report shall include a list of the projects awarded grants from the Fund for the previous 12-month period. The list shall include for each project a description of the project, the amount of the grant awarded for the project, and the total cost of the project. For projects funded for the purpose set forth in G.S. 143B-135.234(c)(12), the report shall also include the amount of flood storage capacity enhanced or restored for each project. (1997-443, s. 7.10; 2002-148, s. 3; 2003-340, s. 1.3; 2015-241, s. 14.30(k1), (r1); 2017-57, s. 14.1(dd); 2021-180, s. 5.9(r); 2023-70, s. 9(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.246 - North Carolina Land and Water FundExecutive Director and staff.

§ 143B-135.246. North Carolina Land and Water Fund: Executive Director and staff.
The Secretary of Natural and Cultural Resources shall select and appoint a competent person in accordance with this section as Executive Director of the North Carolina Land and Water Fund Board of Trustees. The Executive Director shall be charged with the supervision of all activities under the jurisdiction of the Trustees and shall serve as the chief administrative officer of the Trustees. Subject to the approval of the Secretary of Natural and Cultural Resources, the Executive Director may employ such clerical and other assistants as may be deemed necessary.
The person selected as Executive Director shall have had training and experience in conservation, protection, and management of surface water resources. The salary of the Executive Director shall be fixed by the Secretary of Natural and Cultural Resources, and the Executive Director shall be allowed travel and subsistence expenses in accordance with G.S. 138-6. The Executive Director's salary and expenses shall be paid from the Fund. The term of office of the Executive Director shall be at the pleasure of the Secretary of Natural and Cultural Resources. (1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2001-424, s. 32.16(b); 2003-340, s. 1.3; 2013-360, s. 14.3(g); 2013-382, s. 9.1(c); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a); 2023-70, s. 9(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.250 - Short title.

§ 143B-135.250. Short title.
This Part shall be known as the Nature Preserves Act. (1985, c. 216, s. 1; 2015-241, ss. 14.30(k2), (r2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.252 - Declaration of policy and purpose.

§ 143B-135.252. Declaration of policy and purpose.
(a) The continued population growth and land development in North Carolina have made it necessary and desirable that areas of natural significance be identified and preserved before they are destroyed. These natural areas are irreplaceable as laboratories for scientific research, as reservoirs of natural materials for uses that may not now be known, as habitats for plant and animal species and biotic communities, as living museums where people may observe natural biotic and environmental systems and the interdependence of all forms of life, and as reminders of the vital dependence of the health of the human community on the health of the other natural communities.
(b) It is important to the people of North Carolina that they retain the opportunity to maintain contact with these natural communities and environmental systems of the earth and to benefit from the scientific, aesthetic, cultural, and spiritual values they possess. The purpose of this Part is to establish and maintain a State Registry of Natural Heritage Areas and to prescribe methods by which nature preserves may be dedicated for the benefit of present and future citizens of the State. (1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.254 - Definitions.

§ 143B-135.254. Definitions.
As used in this Part, unless the context requires otherwise:
(1) "Articles of dedication" means the writing by which any estate, interest, or right in a natural area is formally dedicated as a nature preserve as authorized in G.S. 143B-135.260.
(2) "Dedicate" means to transfer to the State an estate, interest, or right in a natural area in any manner authorized in G.S. 143B-135.260.
(3) "Natural area" means an area of land, water, or both land and water, whether publicly or privately owned, that (i) retains or has reestablished its natural character, (ii) provides habitat for rare or endangered species of plants or animals, (iii) or has biotic, geological, scenic, or paleontological features of scientific or educational value.
(4) "Nature preserve" means a natural area that has been dedicated pursuant to G.S. 143B-135.260.
(5) "Owner" means any individual, corporation, partnership, trust, or association, and all governmental units except the State, its departments, agencies or institutions.
(6) "Registration" means an agreement between the Secretary and the owner of a natural area to protect and manage the natural area for its specified natural heritage resource values.
(7) "Secretary" means the Secretary of Natural and Cultural Resources. (1985, c. 216, s. 1; 1989, c. 727, s. 218(68); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, ss. 14.30(k2), (r2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.256 - Powers and duties of the Secretary.

§ 143B-135.256. Powers and duties of the Secretary.
The Secretary shall:
(1) Establish by rule the criteria for selection, registration, and dedication of natural areas and nature preserves.
(2) Cooperate or contract with any federal, State, or local government agency, private conservation organization, or person in carrying out the purposes of this Part.
(3) Maintain a Natural Heritage Program to provide assistance in the selection and nomination for registration or dedication of natural areas. The Program shall include classification of natural heritage resources, an inventory of their locations, and a data bank for that information. The Program shall cooperate with the Department of Agriculture and Consumer Services in the selection and nomination of areas that contain habitats for endangered and rare plant species, and shall cooperate with the Wildlife Resources Commission in the selection and nomination of areas that contain habitats for endangered and rare animal species. Information from the natural heritage data bank may be made available to public agencies and private persons for environmental assessment and land management purposes. Use of the inventory data for any purpose inconsistent with the Natural Heritage Program may not be authorized. The Program shall include other functions as may be assigned for registration, dedication, and protection of natural areas and nature preserves.
(4) Prepare a Natural Heritage Plan that shall govern the Natural Heritage Program in the creation of a system of registered and dedicated natural areas.
(5) Publish and disseminate information pertaining to natural areas and nature preserves within the State.
(6) Appoint advisory committees composed of representatives of federal, State, and local governmental agencies, scientific and academic institutions, conservation organizations, and private business, to advise him on the identification, selection, registration, dedication, and protection of natural areas and nature preserves.
(7) Submit to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division a biennial report on or before February 15 of odd-numbered years describing the activities of the past biennium and plans for the coming biennium, and detailing specific recommendations for action that the Secretary deems necessary for the improvement of the Program. (1985, c. 216, s. 1; 1987, c. 827, s. 152; 1997-261, s. 82; 2015-241, s. 14.30(k2), (r2); 2017-57, s. 14.1(mm).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.258 - Registration of natural areas.

§ 143B-135.258. Registration of natural areas.
(a) The Secretary shall maintain a State Registry of voluntarily protected natural areas to be called the North Carolina Registry of Natural Heritage Areas. Registration of natural areas shall be accomplished through voluntary agreement between the owner of the natural area and the Secretary. State-owned lands may be registered by agreement with the agency to which the land is allocated. Registration agreements may be terminated by either party at any time, and termination removes the area from the Registry.
(b) A natural area shall be registered when an agreement to protect and manage the natural area for its specified natural heritage resource value has been signed by the owner and the Secretary. The owner of a registered natural area shall be given a certificate signifying the inclusion of the area in the Registry. (1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.260 - Dedication of nature preserves.

§ 143B-135.260. Dedication of nature preserves.
(a) The State may accept the dedication of nature preserves on lands deemed by the Secretary to qualify as outstanding natural areas. Nature preserves may be dedicated by voluntary act of the owner. The owner of a qualified natural area may transfer fee simple title or other interest in land to the State. Nature preserves may be acquired by gift, grant, or purchase. Dedication of a preserve shall become effective only upon acceptance of the articles of dedication by the State. Articles of dedication shall be recorded in the office of the register of deeds in the county or counties in which the natural area is located.
(b) Articles of dedication may include any of the following:
(1) Restrictions and other provisions relating to management, use, development, transfer, and public access, and any other restrictions and provisions as may be necessary or advisable to further the purposes of this Part.
(2) Definitions, consistent with the purposes of this Part, of the respective rights and duties of the owner and of the State and procedures to be followed in case of violation of restrictions.
(3) The recognition and creation of reversionary rights, transfers upon conditions or with limitations, and gifts over.
(4) Varying provisions from one nature preserve to another in accordance with differences in the characteristics and conditions of the several areas.
(c) Subject to the approval of the Governor and Council of State, the State may enter into amendments of any articles of dedication upon finding that the amendment will not permit an impairment, disturbance, use, or development of the area inconsistent with the purposes of this Part. If the fee simple estate in the nature preserve is not held by the State under this Part, no amendment may be made without the written consent of the owner of the other interests therein. (1985, c. 216, s. 1; 2015-241, ss. 14.30(k2), (r2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.262 - Nature preserves held in trust.

§ 143B-135.262. Nature preserves held in trust.
Lands dedicated for nature preserves pursuant to this Part are held in trust by the State for those uses and purposes expressed in this Part for the benefit of the people of North Carolina. These lands shall be managed and protected according to regulations adopted by the Secretary. Lands dedicated as a nature preserve pursuant to G.S. 143B-135.260 may not be used for any purpose inconsistent with the provisions of this Part, or disposed of, by the State without a finding by the Governor and Council of State that the other use or disposition is in the best interest of the State. (1985, c. 216, s. 1; 2015-241, ss. 14.30(k2), (r2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.264 - Dedication of state-owned lands to nature preserves; procedures.

§ 143B-135.264. Dedication of state-owned lands to nature preserves; procedures.
Subject to the approval of the Governor and Council of State, state-owned lands may be dedicated as a nature preserve. State-owned lands shall be dedicated by allocation pursuant to the provisions of G.S. 143-341(4)g. Lands dedicated pursuant to this section may be removed from dedication upon the approval of the Governor and Council of State. (1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.266 - Dedication of preserves by local governmental units.

§ 143B-135.266. Dedication of preserves by local governmental units.
All local units of government may dedicate lands as nature preserves by transfer of fee simple title or other interest in land to the State. (1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.268 - Acquisition of land by State.

§ 143B-135.268. Acquisition of land by State.
All acquisitions or dispositions of an interest in land by the State pursuant to this Part shall be subject to the provisions of Chapter 146 of the General Statutes. (1985, c. 216, s. 1; 2015-241, ss. 14.30(k2), (r2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.270 - Assessment of land subject to permanent dedication agreement.

§ 143B-135.270. Assessment of land subject to permanent dedication agreement.
For purposes of taxation, privately owned land subject to a nature preserve dedication agreement shall be assessed on the basis of the true value of the land less any reduction in value caused by the agreement. (1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.272 - Access to information; fees.

§ 143B-135.272. Access to information; fees.
(a) The Secretary may establish fees to defray the costs associated with any of the following:
(1) Responding to inquiries requiring customized environmental review services or the costs associated with developing, improving, or maintaining technology that supports an online interface for external users to access Natural Heritage Program data. The Secretary may reduce or waive the fee established under this subsection if the Secretary determines that a waiver or reduction of the fee is in the public interest.
(2) Inventories of natural areas conducted under the Natural Heritage Program, conservation and protection planning, and informational programs for owners of natural areas, as defined in G.S. 143B-135.254.
(b) Fees collected under this section are receipts of the Department of Natural and Cultural Resources and shall be deposited in the special fund for the purpose of supporting the operations of the Natural Heritage Program. (2014-100, s. 14.13A(a); 2015-241, s. 14.30(k2), (r2); 2020-78, s. 8.3(a); 2023-70, s. 5.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 2 - Department of Natural and Cultural Resources. › § 143B-135.273 - Administration of the Conservation Tax Credit program.

§ 143B-135.273. Administration of the Conservation Tax Credit program.
All duties and responsibilities related to stewardship and oversight of properties and interests for which tax credits were granted under the Conservation Tax Credit program for tax years beginning before January 1, 2014, and previously given to the Department of Environmental Quality or its predecessors are transferred to the Department of Natural and Cultural Resources. The Department of Natural and Cultural Resources shall exercise the duties and responsibilities transferred by this section through the Natural Heritage Program. (2020-78, s. 8.3(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 3 - Department of Health and Human Services. › § 143B-136.1 - Department of Health and Human Services - creation.

§ 143B-136.1. Department of Health and Human Services – creation.
There is created a department to be known as the "Department of Health and Human Services," with the organization, duties, functions, and powers defined in this Article and other applicable provisions of law. (1997-443, s. 11A.3.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 3 - Department of Health and Human Services. › § 143B-137.1 - Department of Health and Human Services - duties.

§ 143B-137.1. Department of Health and Human Services – duties.
It shall be the duty of the Department to provide the necessary management, development of policy, and establishment and enforcement of standards for the provisions of services in the fields of public and mental health and rehabilitation with the intent to assist all citizens – as individuals, families, and communities – to achieve and maintain an adequate level of health, social and economic well-being, and dignity. Whenever possible, the Department shall emphasize preventive measures to avoid or to reduce the need for costly emergency treatments that often result from lack of forethought. The Department shall establish priorities to eliminate those excessive expenses incurred by the State for lack of adequate funding or careful planning of preventive measures. (1997-443, s. 11A.3.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 3 - Department of Health and Human Services. › § 143B-139 - Department of Health and Human Services - head.

§ 143B-139. Department of Health and Human Services – head.
The Secretary of Health and Human Services shall be the head of the Department. (1973, c. 476, s. 120; 1997-443, s. 11A.122.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 3 - Department of Health and Human Services. › § 143B-139.1 - Secretary of Health and Human Services to adopt rules applicable to local health and human services agencies.

§ 143B-139.1. Secretary of Health and Human Services to adopt rules applicable to local health and human services agencies.
The Secretary of the Department of Health and Human Services may adopt rules applicable to local health and human services agencies for the purpose of program evaluation, fiscal audits, and collection of third-party payments. The Secretary may adopt and enforce rules governing:
(1) The placement of individuals in licensable facilities located outside the individual's community and ability of the providers to return the individual to the individual's community as soon as possible without detriment to the individual or the community.
(2) The monitoring of mental health, developmental disability, and substance abuse services.
(3) The communication procedures between the area authority or county program, the local department of social services, the local education authority, and the criminal justice agency, if involved with the individual, regarding the placement of the individual outside the individual's community and the transfer of the individual's records in accordance with law.
(4) The enrollment and revocation of enrollment of Medicaid providers who have been previously sanctioned by the Department and want to provide services under this Article. (1975, c. 875, s. 45; 1997-443, s. 11A.101; 2002-164, s. 4.5.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 3 - Department of Health and Human Services. › § 143B-139.1A - Secretary of Health and Human Services; rules to implement the Emergency Solutions Grant Program.

§ 143B-139.1A. Secretary of Health and Human Services; rules to implement the Emergency Solutions Grant Program.
The Secretary of Health and Human Services may adopt rules to implement the Emergency Solutions Grant Program. The Department of Health and Human Services shall enforce any rules adopted under this section. (2023-65, s. 1.1.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 3 - Department of Health and Human Services. › § 143B-139.2 - Secretary of Health and Human Services requests for grants-in-aid from non-State agencies.

§ 143B-139.2. Secretary of Health and Human Services requests for grants-in-aid from non-State agencies.
It is the intent of this General Assembly that non-State health and human services agencies submit their appropriation requests for grants-in-aid through the Secretary of the Department of Health and Human Services for recommendations to the Governor and the General Assembly, and that agencies receiving these grants, at the request of the Secretary of the Department of Health and Human Services, provide a postaudit of their operations that has been done by a certified public accountant. (1975, c. 875, s. 16; 1989, c. 727, s. 173; 1997-443, s. 11A.102; 2006-203, s. 103.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 3 - Department of Health and Human Services. › § 143B-139.3 - Department of Health and Human Services - authority to contract with other entities.

§ 143B-139.3. Department of Health and Human Services – authority to contract with other entities.
(a) The Department of Health and Human Services is authorized to contract with any governmental agency, person, association, or corporation for the accomplishment of its duties and responsibilities provided that the expenditure of funds pursuant to such contracts shall be for the purposes for which the funds were appropriated and is not otherwise prohibited by law.
(b) The Department is authorized to enter into contracts with and to act as intermediary between any federal government agency and any county of this State for the purpose of assisting the county to recover monies expended by a county-funded financial assistance program; and, as a condition of such assistance, the county shall agree to hold and save harmless the Department against any claims, loss, or expense which the Department might incur under the contracts by reason of any erroneous, unlawful, or tortious act or omission of the county or its officials, agents, or employees. (1979, 2nd Sess., c. 1094, s. 1; 1983, c. 13; 1997-443, s. 11A.118(a).)