reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-101 - Division established - Purposes

(a)
A division of archaeology is hereby established in the department of environment and conservation, to be headed by a person who will be designated as the state archaeologist.
(b)
The division is hereby authorized to initiate, operate and maintain a statewide program in archaeology which shall include, but not be limited to:
(1)
Surveying the state for mapping, recording and identification of archaeological sites;
(2)
Excavation of historic, underwater, prehistoric and paleontological sites, ruins, and mounds for the purpose of securing data and objects relating to man in Tennessee, and the preservation of such sites and materials secured;
(3)
Fundamental research in Tennessee archaeology and encouragement of public cooperation and responsibility for the preservation of Tennessee antiquities and archaeological and paleontological sites;
(4)
Research in and study of anthropology and related physical and natural sciences, both prior to excavation and thereafter, in order to plan and aid in discovery of sites and artifacts, and provide for the proper assessment once discovered;
(5)
Publication, in accordance with the rules, regulations, policies and procedures of the state publications committee, of findings in terms of scientific, popular, and cultural values;
(6)
Display and custodianship of artifacts, sites, and other tangible results of the program; and
(7)
Educational activities providing for the dissemination of information on archaeological conservation and the encouragement of archaeological societies, parks and museums.
(c)
It is not the purpose of the division to preempt, replace, or otherwise interfere with archaeological research programs conducted by state institutions of higher learning, but, to the contrary, to stimulate and supplement such programs whenever possible.
Acts 1970, ch. 468, § 2; T.C.A., § 11-1501; Acts 1990, ch. 1024, §13; 1995, ch. 218, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-103 - Archaeological advisory council

(a)
An eleven-member archaeological advisory council to the commissioner of environment and conservation and the state archaeologist is hereby created.
(b)
(1)
Members of the archaeological advisory council shall serve staggered terms, and to such end the governor shall by June 30, 1983, appoint one (1) member to serve a term of four (4) years.
(2)
The governor shall by June 30, 1986, appoint:
(A)
One (1) member to serve a term of two (2) years;
(B)
One (1) member to serve a term of three (3) years;
(C)
One (1) member to serve a term of four (4) years;
(D)
Two (2) members to serve terms of five (5) years;
(E)
Three (3) members to serve terms of three (3), four (4), and five (5) years, respectively, to be appointed by June 30, 1990; and
(F)
The initial appointment for the anthropologist representing Middle Tennessee State University shall be for two (2) years, to be appointed by June 30, 1995.
(3)
Thereafter, each newly-appointed member shall be appointed to serve a term of five (5) years and may be subject to reappointment.
(c)
The council shall be composed of:
(1)
Five (5) anthropologists representing the University of Tennessee, University of Memphis, Vanderbilt University, Middle Tennessee State University, and East Tennessee State University, respectively;
(2)
One (1) representative from the Tennessee historical commission;
(3)
One (1) representative from a recognized archaeological association in Tennessee;
(4)
Three (3) members shall be persons of Native American descent and representative of the Native American community in Tennessee; and
(5)
One (1) member from the public at large.
(d)
The members of the council shall receive no salary; provided, that travel expenses incurred by such members in the performance of duties with respect to the council shall be reimbursed 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)
The duties of the council shall be to advise the commissioner of environment and conservation and the state archaeologist on all matters of policy relating to the activities of the division and to the employment of professional personnel. It is the responsibility of this council to organize and set forth its rules and operational procedures.
(f)
The council and the state archaeologist shall submit annually a comprehensive report of their activities and the results of their studies to the commissioner and to the governor and to the members of the general assembly in the first month of each calendar year. They shall also from time to time submit such additional and special reports as are deemed advisable.
Amended by 2018 Tenn. Acts, ch. 583, s 1, eff. 3/16/2018.
Acts 1970, ch. 468, § 3; 1976, ch. 806, § 1(7); T.C.A., §11-1503; Acts 1982, ch. 675, § 3; 1990, ch. 852, §§ 2-4; 1994, ch. 538, § 2; 1995, ch. 188, §§ 1-3; 2006, ch. 968, §§ 1, 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-104 - Excavated artifacts - Property of state - Availability and care

(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.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-105 - Excavation of state lands - Permits - Unauthorized excavation - Penalty

(a)
The state of Tennessee reserves to itself the exclusive right and privilege of field archaeology on sites owned or controlled by the state, its agencies, departments, institutions and commissions in order to protect and preserve archaeological and scientific information, matter and artifacts.
(b)
All such information and artifacts recovered from state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state, unless the state archaeologist and the advisory council shall conclude that some artifacts do not merit retention.
(c)
No person or organization, including any other agents or agencies of the state of Tennessee, unless acting as a duly authorized agent of the division of archaeology, shall excavate upon any site situated on lands owned or controlled by the state or any agency thereof.
(d)
Permits and contracts for archaeological exploration or excavation may be granted by the state archaeologist through the division for such periods of time and under such terms and conditions as the state archaeologist may from time to time determine.
(e)
All artifacts, photographs and records obtained by such agents shall remain the property of the state, subject to the decision of the state archaeologist and the advisory council, and shall be maintained in agreed upon public repositories.
(f)
Any person, corporation, society or organization conducting such explorations or excavations upon lands owned or controlled by the state or any agency thereof without having first obtained permit from the state archaeologist commits a Class A misdemeanor, except that any violation occurring on a site listed in the Tennessee register of archaeological sites where the commercial or archaeological value of the artifact involved and the cost of restoration or repair of such archaeological site or artifact exceeds the sum of five thousand dollars ($5,000) is a Class E felony.
(g)
Any and all artifacts and material excavated by such person or organization shall be forfeited to the state and shall be delivered forthwith to the division.
Acts 1970, ch. 468, § 5; 1973, ch. 77, § 2; T.C.A., § 11-1505; Acts 1984, ch. 801, § 1; 1990, ch. 852, §§ 6, 7.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-106 - Defacement of sites or artifacts - Penalty

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.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-108 - State lands - Reserved from sale - Procedure

(a)
Upon written notice to the commissioner of general services, given by the state archaeologist, the commissioner shall reserve from sale any state lands, including lands forfeited to the state for nonpayment of taxes, on which sites or artifacts are located or may be found; provided, that the reservation of such lands from sale may be confined to the actual location of the site or artifacts.
(b)
When such site or artifacts have been explored, excavated, or otherwise examined to the extent desired by the division of archaeology, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands.
Acts 1970, ch. 468, § 8; T.C.A., § 11-1508.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-109 - Private land - Trespass, vandalism, and unauthorized activities - Permission - Artifacts - Prohibited storage, dumping or littering

(a)
It shall be deemed an act of trespass and a Class A misdemeanor for any person, natural or corporate, to excavate and remove artifacts from the private land of any owner without first obtaining the owner's express permission.
(b)
No person, corporation, partnership, association or any other entity shall excavate, damage, vandalize or remove any artifact from or otherwise alter or deface any site listed in the Tennessee register of archaeological sites without first obtaining landowner permission.
(c)
No person, corporation, partnership, association or any other entity shall sell, offer to sell, purchase or offer to purchase, or otherwise exchange any artifact from a site listed in the Tennessee register of archaeological sites if the artifact has been removed or received in violation of this section.
(d)
No person, corporation, partnership, association or any other entity shall store, dump, litter or otherwise dispose of any garbage, dead animal, sewage or toxic substance in any cave or sinkhole listed in the Tennessee register of archaeological sites.
Acts 1970, ch. 468, § 9; T.C.A., § 11-1509; Acts 1984, ch. 801, § 2; 1989, ch. 591.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-110 - Designation as archaeological site

An archaeological site of significance in the scientific study of Tennessee's aboriginal past or important to public knowledge and appreciation of this history may be publicly designated by the commissioner of environment and conservation and placed in the Tennessee register of archaeological sites; provided, that no sites shall be so designated without the express written consent of the state agency having jurisdiction over the land in question or, if it is privately owned land, the owner thereof; provided, that any person or entity having given its permission may revoke such permission on giving thirty (30) days' written notice of its intent to revoke to the division of archaeology, which revocation will automatically take place on the expiration of the thirty (30) days. Recommendations for such designations shall be made by the state archaeological advisory council in consultation with the state archaeologist and such recommendations, together with appropriate supporting data, shall be submitted to the commissioner. In addition to the above, any landowner may petition the commissioner to have any archaeological site located on the landowner's property publicly designated and placed in the Tennessee register of archaeological sites.
Acts 1970, ch. 468, § 10; T.C.A., § 11-1510; Acts 1984, ch. 801, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-111 - Sites threatened by construction projects - Contract with corporations or organizations

The division of archaeology may make a contract with any corporation or organization for the conduct of archaeology upon any site, particularly sites threatened with damage or destruction by public or private construction projects.
Acts 1970, ch. 468, § 11; T.C.A., § 11-1511.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-112 - Violations - Penalties - Enforcement powers

(a)
All acts declared to be misdemeanors in this part, and not otherwise classified, are Class A misdemeanors.
(b)
All acts declared to be felonies in this part, and not otherwise classified, are Class E felonies.
(c)
When properly commissioned and qualified by the commissioner of environment and conservation, employees of the division of archaeology shall have all of the police powers necessary to enforce all state laws and all rules and regulations made and published by the department regarding archaeological sites which are authorized for park superintendents and park rangers by §
11-3-107
, within any of the archaeological sites for the purpose of enforcing §§
11-6-104
- 11-6-106.
Acts 1970, ch. 468, § 12; 1973, ch. 77, § 3; T.C.A., § 11-1512; Acts 1984, ch. 801, § 4; 1989, ch. 591, §§ 22, 112; 1990, ch. 852, § 10.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-113 - Contracts and cooperative agreements - Authorization

The department of transportation is hereby authorized and directed to enter into appropriate contracts and cooperative agreements with the division of archaeology and the United States bureau of public roads and to expend funds, both state and federal, in aid of archaeological survey, salvage, and preservation on any lands and rights-of-way now or hereafter coming into its control in order that the purposes of this chapter shall be achieved.
Acts 1970, ch. 468, § 13; impl. am. Acts 1972, ch. 829, § 7; 1973, ch. 77, §4; T.C.A., § 11-1513.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-114 - Acceptance of gifts and grants - Title to land

(a)
The division of archaeology is hereby authorized to accept grants, bequests, devises, gifts, and donations for purposes of furthering the state program in archaeology and to expend funds so received for those purposes.
(b)
The department of environment and conservation has full power to accept and hold title to land or interests in land in the name of the state for the purposes of this chapter.
Acts 1970, ch. 468, § 14; T.C.A., § 11-1514.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-115 - Tennessee Archaeological Society - Support of programs

(a)
The division of archaeology is hereby authorized to assist and support the programs of the Tennessee Archaeological Society to the extent that the purposes and aims of the two (2) coincide.
(b)
The Tennessee Archaeological Society is hereby requested to assist and cooperate with the purposes and programs of the division of archaeology.
Acts 1970, ch. 468, § 15; T.C.A., § 11-1515.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-116 - Excavation of areas containing Native American Indian human remains - On-site representatives - Notice of intent to remove remains

(a)
When a burial ground or other area containing human remains of Native American Indians is excavated, representatives of Native American Indians shall have a right to be present on the site at all times excavation or treatment of such remains is taking place.
(b)
The department shall promulgate regulations governing application procedures for and the number of representatives to be present on sites.
(c)
Any person engaged in work involving the removal of Native American Indian human remains must notify the state archaeologist in writing at least ten (10) days prior to the time a petition is filed under title 46, chapter 4. Within two (2) business days of receiving such notice, the state archaeologist shall forward such notice to the Native American members of the archaeological advisory council and the chair of the Tennessee commission of Indian affairs.
Acts 1990, ch. 852, § 11; 1999, ch. 509, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-117 - Display of Native American Indian human remains

There shall be no public exhibition or display of Native American Indian human remains, except as evidence in a judicial proceeding.
Acts 1990, ch. 852, § 11.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-118 - Import or export of human remains

(a)
The import into Tennessee or the export from Tennessee of human remains is prohibited except in the following instances:
(1)
Import or export by hospitals, medical schools, colleges or universities for education or research purposes;
(2)
Import for burial or reburial in Tennessee or export for burial or reburial in another state or country;
(3)
Import or export for preparation for burial or reburial; or
(4)
Import or export for use as evidence in any judicial proceeding.
(5)
Import or export by state, county, or municipal law enforcement agencies for the purpose of human remains detection training; provided, that the import and export of human remains for human remains detection training must be conducted in accordance with best practices and procedures regarding:
(A)
The secure storage of human remains;
(B)
The use of human remains as a training aid for human remains detection training; and
(C)
Proper disposal methods for human remains after the remains are no longer being used as a training aid.
(b)
A violation of subsection (a) is a Class E felony.
(c)
Any remains so imported or exported shall be confiscated and subject to disposition as provided in §§
11-6-104
and
11-6-119
.
Amended by 2024 Tenn. Acts, ch. 1054,s 1, eff. 5/28/2024.
Acts 1990, ch. 852, § 11; 2006, ch. 896, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-119 - Reburial of human remains or Native American burial objects following discovery or confiscation

Any human remains or any Native American burial objects discovered in the course of an excavation, exhumation or accidentally, and any such remains and their associated burial objects confiscated under §
11-6-118
, shall be properly reburied following scientific analysis within six (6) months of such discovery or confiscation in accordance with procedures formulated by the advisory council which are appropriate to Native American traditions. Upon request for scientific or medical research, the director of the division may grant an extension of not more than six (6) months before reburial is required.
Acts 1990, ch. 852, § 11; 1999, ch. 509, §§ 2, 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-120 - Volunteer programs - Providing archaeological information to schools and other interest groups - Tennessee Archaeology Awareness Week

(a)
Within existing resources and personnel, the division is authorized to carry out a coordinated program using qualified volunteers to implement the purposes of this part pursuant to §
11-6-101
.
(b)
The division may establish an organized program of providing archaeological information and programs to schools and other interest groups.
(c)
The division may establish and coordinate activities focused on one (1) special week of the year to promote the archaeological heritage of Tennessee. This week shall be designated the "Tennessee Archaeology Awareness Week."
Acts 1995, ch. 91, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 6 - ARCHAEOLOGY (§§ 11-6-101 — 11-6-121) › Section 11-6-121 - Abandoned shipwrecks

(a)
Since the congress has found that the state has certain responsibilities under the Abandoned Shipwreck Act of 1987, Public Law No. 100-298 (
43 U.S.C. § 2101
et seq.), the division of archaeology is authorized to:
(1)
Develop a plan regarding significant shipwreck sites in Tennessee which will include management strategies for the preservation and conservation of shipwrecks;
(2)
Recognize important events and geographic locations in the history and development of river navigation;
(3)
Establish a geographic data base and an information system that can be used to locate, track, and cross-reference significant shipwrecks;
(4)
Acquire or provide funds for the research and identification of shipwrecks; and
(5)
Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit organizations for the purpose of this section.
(b)
The division is authorized, in carrying out its purposes, to:
(1)
Accept loans or grants, or both, of money, materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose;
(2)
Receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration from any person, firm, or corporation, or from the state or any agency or instrumentality thereof or from any county, municipal corporation or local government or governing body; and
(3)
Hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts or as appropriations from the general assembly for any of the purposes of the division.
Acts 1995, ch. 218, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 7 - TENNESSEE HERITAGE CONSERVATION TRUST FUND ACT OF 2005 (§§ 11-7-101 — 11-7-110) › Section 11-7-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Heritage Conservation Trust Fund Act of 2005."
Acts 2005, ch. 444, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 7 - TENNESSEE HERITAGE CONSERVATION TRUST FUND ACT OF 2005 (§§ 11-7-101 — 11-7-110) › Section 11-7-102 - Chapter definitions

As used in this chapter, unless the context requires otherwise:
(1)
"Board" means the governing body of the Tennessee heritage conservation trust fund;
(2)
"Nonprofit organization" means an entity that is exempt from federal income taxation under § 501(a) of the Internal Revenue Code (
26 U.S.C. § 501(a)
), as an organization described in § 501(c)(3) of the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
); and
(3)
"Trust fund" means the Tennessee heritage conservation trust fund.
Acts 2005, ch. 444, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 7 - TENNESSEE HERITAGE CONSERVATION TRUST FUND ACT OF 2005 (§§ 11-7-101 — 11-7-110) › Section 11-7-105 - Authority of board

In carrying out the purposes of the trust fund, the board is authorized to do the following:
(1)
Acquire for the state, by purchase or by donation, and convey, sell, exchange, lease or otherwise transfer any interest in real property; the board, however, does not have the power of eminent domain;
(2)
Make grants or loans to state, federal or local governments and to nonprofit organizations, in order to carry out the purposes of this chapter, including, but not limited to, grants or loans provided to acquire a fee simple or other interest in real property;
(3)
Enter into contracts and cooperative agreements, other than grants or loans pursuant to subdivision (2), with state, federal and local governments, with private individuals and corporations, and with associations and organizations, as the trust fund may deem necessary or convenient for the fund to carry out the purposes of this chapter;
(4)
Adopt, amend and repeal bylaws;
(5)
Adopt policies and guidelines for the use of the trust fund, including the procedure for identifying projects, establishing conservation priorities and allocating money from the trust fund;
(6)
Make such studies and recommendations concerning the conservation programs and policies of the department of environment and conservation as it may deem appropriate to a sound conservation program; and
(7)
Take any other necessary actions to carry out this chapter.
Acts 2005, ch. 444, §2; 2012 , ch. 986, § 24.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 7 - TENNESSEE HERITAGE CONSERVATION TRUST FUND ACT OF 2005 (§§ 11-7-101 — 11-7-110) › Section 11-7-107 - Acquisitions and disposals of interests in real property

Acquisitions and disposals of any interest in real property, other than the acquisition of conservation easements and reversionary interests, acquired for the state by the trust fund, or the nonprofit organization created under §
11-7-103(f)
, shall be subject to the requirements of §
4-15-102(d)
and §
12-2-112
. Notwithstanding any other law to the contrary, the acquisition of conservation easements and reversionary interests by the trust fund and the acquisition of any interest in real property by a non-state public agency, or a nonprofit organization using grant funds received from the trust fund, shall only require that such real property interest be promptly reported to the state building commission, and shall not be subject to §
4-15-102(d)
or §
12-2-112
, or any other approval otherwise required by state law.
Acts 2005, ch. 444, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 7 - TENNESSEE HERITAGE CONSERVATION TRUST FUND ACT OF 2005 (§§ 11-7-101 — 11-7-110) › Section 11-7-108 - Exemption from taxes

Real property in which the trust fund acquires a fee simple interest for the state shall be exempt from all state and local property taxes.
Acts 2005, ch. 444, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 7 - TENNESSEE HERITAGE CONSERVATION TRUST FUND ACT OF 2005 (§§ 11-7-101 — 11-7-110) › Section 11-7-109 - Conservation compensation fund - Determination of tax ramifications - Reimbursement for lost taxes

(a)
There is hereby created a special agency account in the state general fund to be known as the conservation compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this chapter. Funds deposited in such fund shall not revert at the end of any fiscal year, and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund.
(b)
On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt through acquisition by the state pursuant to this chapter during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of each such parcel of property, and on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition by the state, pursuant to this chapter, of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined, from funds available in the conservation compensation fund. In any year in which funds available in the conservation compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the Tennessee heritage conservation trust fund to the conservation compensation fund, in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the Tennessee heritage conservation trust fund to the conservation compensation fund, along with interest, if any, accruing on such funds after their transfer to the conservation compensation fund, shall be expended to reimburse affected cities and counties only for lands acquired by the state under this chapter.
Amended by 2020 Tenn. Acts, ch. 795,s 1, eff. 7/15/2020.
Acts 2005, ch. 444, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 7 - TENNESSEE HERITAGE CONSERVATION TRUST FUND ACT OF 2005 (§§ 11-7-101 — 11-7-110) › Section 11-7-110 - Executive director

(a)
In carrying out the purposes of the trust fund, the commissioner of environment and conservation is authorized to appoint an executive director to carry out this chapter.
(b)
The commissioner of environment and conservation shall set the salary for the executive director.
(c)
The executive director may hire other staff necessary to carry out this chapter.
Acts 2012, ch. 986, § 25.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 8 - OCOEE RIVER RECREATION AND ECONOMIC DEVELOPMENT FUND ACT (§§ 11-8-101 — 11-8-108) › Section 11-8-101 - Short title

This chapter shall be known and may be cited as the "Ocoee River Recreation and Economic Development Fund Act."
Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 8 - OCOEE RIVER RECREATION AND ECONOMIC DEVELOPMENT FUND ACT (§§ 11-8-101 — 11-8-108) › Section 11-8-102 - Chapter definitions

As used in this chapter, unless the context requires otherwise:
(1)
"Board" means the Ocoee River recreation and economic development fund board created pursuant to §
11-8-104
;
(2)
"Commissioner" means the commissioner of environment and conservation or the commissioner's designee;
(3)
"Department" means the department of environment and conservation;
(4)
"Development fund" means the Ocoee River recreation and economic development fund;
(5)
"Nonprofit organization" means an entity that is exempt from federal income taxation pursuant to § 501(c) of the Internal Revenue Code (
26 U.S.C. § 501(c)
), as it may be amended;
(6)
"Ocoee River management zone" means the area of land managed by the department in accordance with agreements with the Tennessee Valley authority and U.S. forest service;
(7)
"Ocoee River recreation fee" means the fee deposited in the development fund pursuant to the issuance of a permit as authorized in §
11-8-107(a)
; and
(8)
"Rafting season" means the time period within a calendar year commencing on the date of the first release of water from the Ocoee River dams for recreational purposes by the Tennessee Valley authority and concluding on the date of the last release of water from such dams for recreational purposes.
Added by 2017 Tenn. Acts, ch. 434, s 1, eff. 5/17/2017.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 8 - OCOEE RIVER RECREATION AND ECONOMIC DEVELOPMENT FUND ACT (§§ 11-8-101 — 11-8-108) › Section 11-8-103 - Ocoee River recreation and economic development fund - Purpose of chapter

(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; and
(2)
Expenses of the board and the department associated with administration of the development fund.
(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.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 8 - OCOEE RIVER RECREATION AND ECONOMIC DEVELOPMENT FUND ACT (§§ 11-8-101 — 11-8-108) › Section 11-8-105 - Authority of board - Meetings - Bylaws - Conflicts of interest policy - Annual report - Audit of nonprofit entity

(a)
The board is authorized to:
(1)
Apply for and receive grants and matching funds to carry out the purposes of this chapter;
(2)
Request and receive gifts, contributions, bequests, and donations from public and private sources to effectuate its purpose. Any such funds received shall be deposited into the development fund; provided, that, if any such gifts, contributions, bequests, and donations are not in the form of funds, any income, rents, or proceeds generated from the items received shall be deposited into the development fund;
(3)
Create or establish a nonprofit organization, which shall also be eligible to request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source to effectuate the development fund's purpose;
(4)
Enter into contracts and cooperative agreements with state, federal, and local governments, with private individuals and corporations, and with associations and organizations, as the board may deem necessary to carry out the purposes of this chapter;
(5)
Adopt policies and guidelines for the use of the development fund;
(6)
Make such studies and recommendations to the department concerning the Ocoee River management zone; and
(7)
Take any other necessary actions to carry out this chapter.
(b)
The board shall meet not less than twice a year.
(c)
The board shall adopt bylaws. The board chairperson and other officers shall be selected as provided in the bylaws.
(d)
The board shall adopt and implement a policy related to conflicts of interest, to ensure that all board members avoid any situation that creates an actual or perceived conflict of interest related to the work of the development fund board.
(e)
The board shall submit an annual report to the governor, speaker of the house of representatives, speaker of the senate, the chair of the energy, agriculture and natural resources committee of the senate, and the chair of the agriculture and natural resources committee of the house of representatives by June 30 of each year. The report shall include detailed information on the operation and financial status of the development fund and any nonprofit entity created pursuant to subdivision (a)(3).
(f)
Any nonprofit entity created pursuant to subdivision (a)(3) shall be subject to an annual audit by the comptroller of the treasury, and the entity shall bear the full costs of the audit.
Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 8 - OCOEE RIVER RECREATION AND ECONOMIC DEVELOPMENT FUND ACT (§§ 11-8-101 — 11-8-108) › Section 11-8-106 - Reimbursement of management costs incurred by county

Any county that incurs costs for the management of the Ocoee River management zone shall submit a financial statement and justification for costs incurred to the board. The board shall reimburse such counties for all costs determined by the board to be reasonable.
Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 8 - OCOEE RIVER RECREATION AND ECONOMIC DEVELOPMENT FUND ACT (§§ 11-8-101 — 11-8-108) › Section 11-8-107 - Permits for commercial operation - Recreation fee - Promulgation of rules

(a)
Beginning in the 2019 rafting season, and continuing for each subsequent rafting season, the commissioner is authorized to issue permits to commercial operations conducting business within the Ocoee River management zone.
(b)
The commissioner is authorized to levy and collect the Ocoee River recreation fee, which shall be ten percent (10%) of the annual gross revenue generated by commercial activities occurring within the Ocoee River management zone. Revenue generated from the fee shall be deposited in the development fund pursuant to the issuance of a permit as authorized in subsection (a).
(c)
The commissioner shall have the authority to revoke the permit of any commercial operations conducting business within the Ocoee River management zone for failure to comply with the rules promulgated by the commissioner pursuant to this chapter. Revocation of permits shall be carried out in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
The commissioner is authorized to promulgate rules to effectuate the purposes of this chapter. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(e)
(1)
The department shall not issue more than twenty-four (24) permits pursuant to this section.
(2)
Persons issued and possessing a permit as of June 30, 2024, may transfer the permit with prior written approval of the commissioner:
(A)
To a member of the person's immediate family;
(B)
Pursuant to a purchase and sale agreement; or
(C)
As authorized by department rule.
(3)
As used in this section, "immediate family" means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent, or grandparent.
Amended by 2024 Tenn. Acts, ch. 1044,s 5, eff. 7/1/2024.
Added by 2017 Tenn. Acts, ch. 434, s 1, eff. 5/17/2017.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 8 - OCOEE RIVER RECREATION AND ECONOMIC DEVELOPMENT FUND ACT (§§ 11-8-101 — 11-8-108) › Section 11-8-108 - Appropriations for fiscal year 2017-2018

Any appropriations made in the general appropriations act for fiscal year 2017-2018 and allocated to the development fund shall be held in the fund until all contracts and memorandums of understanding have been entered into by state, federal, and private entities to ensure the continued release of water for recreational purposes on the Ocoee River beyond the year 2018.
Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 1 - PARKS AND RECREATION AREAS (§§ 11-9-101 — 11-9-108) › Section 11-9-101 - Purpose of part

The general assembly finds that the state of Tennessee and its subdivisions should enjoy the benefits of private, local and federal assistance programs for the planning and development of the outdoor recreation resources of the state, including the acquisition of lands and waters and interests therein. It is the purpose of this part to provide authority to enable the state of Tennessee and its subdivisions to participate in the benefits of such programs.
Acts 1965, ch. 181, § 1; T.C.A., § 11-1201.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 1 - PARKS AND RECREATION AREAS (§§ 11-9-101 — 11-9-108) › Section 11-9-102 - Cooperative planning, developing and acquiring outdoor recreational resources

The commissioner of environment and conservation, in cooperation with the state planning office and other state, federal, local and private agencies, is authorized to prepare, maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the state, to develop, operate and maintain outdoor recreation areas and facilities of the state, and to acquire lands, waters and interest in lands and waters for such areas and facilities.
Acts 1965, ch. 181, § 2; impl. am. Acts 1972, ch. 542, § 15; T.C.A., § 11-1202.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 1 - PARKS AND RECREATION AREAS (§§ 11-9-101 — 11-9-108) › Section 11-9-103 - New areas acquired for parks or recreation

The commissioner of environment and conservation, with the approval of the governor, may select, and by purchase, gift or lease, acquire and make a part of the park system any new area which in the commissioner's judgment should be developed as a state park, or recreation area.
Acts 1965, ch. 181, § 3; T.C.A., § 11-1203.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 1 - PARKS AND RECREATION AREAS (§§ 11-9-101 — 11-9-108) › Section 11-9-104 - Powers and duties of commissioner of environment and conservation

(a)
The commissioner of environment and conservation may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal programs respecting outdoor recreation.
(b)
The commissioner may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial and other records relating thereto, and furnish to appropriate officials and agencies of the United States such reports and information as may be reasonably necessary to enable such officials and agencies to perform their duties under such programs.
(c)
In connection with obtaining the benefits of such programs, the commissioner shall coordinate the commissioner's activities with and represent the interest of all agencies and subdivisions of the state having interest in the planning, development, and maintenance of outdoor recreation resources and facilities.
Acts 1965, ch. 181, § 4; 1976, ch. 806, § 1(139); T.C.A., § 11-1204; Acts 1982, ch. 560, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 1 - PARKS AND RECREATION AREAS (§§ 11-9-101 — 11-9-108) › Section 11-9-105 - Local and private funds

The commissioner of environment and conservation may receive local and private funds for the purpose of carrying out this part.
Acts 1965, ch. 181, § 5; T.C.A., § 11-1205.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 1 - PARKS AND RECREATION AREAS (§§ 11-9-101 — 11-9-108) › Section 11-9-106 - State's share of funds required before agreement - Public maintenance of areas and facilities - Federal-aid funds to subdivisions

(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.