§ 146-8. Disposition of mineral deposits in State lands under water. - North Carolina Statutes

§146‑8.  Disposition of mineral deposits in State lands under water.

The State, acting at therequest of the Department of Environment and Natural Resources, is fullyauthorized and empowered to sell, lease, or otherwise dispose of any and allmineral deposits belonging to the State which may be found in the bottoms ofany sounds, rivers, creeks, or other waters of the State. The State, acting atthe request of the Department of Environment and Natural Resources, isauthorized and empowered to convey or lease to such person or persons as itmay, in its discretion, determine, the right to take, dig, and remove from suchbottoms such mineral deposits found therein belonging to the State as may besold, leased, or otherwise disposed of to them by the State. The State, actingat the request of the Department of Environment and Natural Resources, isauthorized to grant to any person, firm, or corporation, within designatedboundaries for definite periods of time, the right to such mineral deposits, orto sell, lease, or otherwise dispose of same upon such other terms andconditions as may be deemed wise and expedient by the State and to the bestinterest of the State. Before any such sale, lease, or contract is made, itshall be approved by the Department of Administration and by the Governor andCouncil of State.

Any sale, lease, or otherdisposition of such mineral deposits shall be made subject to all rights ofnavigation and subject to such other terms and conditions as may be imposed bythe State.

The net proceeds derived fromthe sale, lease, or other disposition of such mineral deposits shall be paidinto the treasury of the State, but the same shall be used exclusively by theDepartment of Environment and Natural Resources in paying the costs ofadministration of this section and for the development and conservation of thenatural resources of the State, including any advertising program which may beadopted for such purpose, all of which shall be subject to the approval of theGovernor, acting by and with the advice of the Council of State. (1937,c. 285; C.S., s. 113‑26; 1959, c. 683, s. 1; 1973, c. 1262, s. 86; 1977,c. 771, s. 4; 1989, c. 727, s. 218; 1997‑443, s. 11A.119(a).)