§ 153B-3. Mountain Resources Commission. - North Carolina Statutes

§ 153B‑3.  MountainResources Commission.

(a)        Creation. – TheMountain Resources Commission is hereby established. The Commission is apermanent body corporate of the State composed of members from the mountainregion of Western North Carolina. The Commission shall be locatedadministratively in the Department of Environment and Natural Resources butshall exercise its statutory powers and duties independently of the Departmentof Environment and Natural Resources. The Commission shall meet in Western NorthCarolina. Funds appropriated for the Commission by the General Assembly shallbe disbursed directly to the Commission at the beginning of each fiscal year.

(b)        Purpose. – Thepurposes and functions of the Mountain Resources Commission are to do all ofthe following:

(1)        Identify andevaluate issues affecting important mountain resources and recommend policiesand programs to address those issues.

(2)        Coordinate withexisting local and regional efforts to address threats to important mountainresources and work undertaken by councils of government and the jurisdictionsthey serve in the mountain region of Western North Carolina.

(3)        Provide a forum fordiscussion of issues affecting important mountain resources.

(4)        Promotecommunication, coordination, and education among stakeholders within themountain region of Western North Carolina.

(5)        Collect research andinformation from North Carolina and other states and jurisdictions regardingState and regional approaches to coordinating (i) provision of infrastructurefor the protection of important mountain resources and (ii) efforts toencourage quality growth to protect such important mountain resources.

(6)        Determine whethernew strategies or tools would be helpful to address pressures on importantmountain resources and whether and how such strategies or tools should beimplemented to protect such resources.

(7)        Provide guidance andmake recommendations to local, State, and federal legislative andadministrative bodies and to others as it considers necessary and appropriatefor the use, stewardship, and enhancement of important mountain resources.

(c)        Authority. – Toachieve its purposes, the Commission shall have all of the following powers andduties:

(1)        To develop rules andprocedures for the conduct of its business or as may be necessary to performits duties and carry out its objectives, including, but not limited to, callingmeetings and establishing voting procedures. Rules and procedures developedpursuant to this subsection shall be effective upon an affirmative vote by amajority of the Commission members.

(2)        To establishstanding and ad hoc committees. The Commission shall determine the purpose ofeach standing or ad hoc committee.

(3)        To seek, apply for,accept, and expend gifts, grants, donations, services, and other aid frompublic or private sources. The Commission may accept or expend funds only afteran affirmative vote by a majority of the members of the Commission.

(4)        To exercise thepowers of a body corporate, including the power to sue and be sued, and adoptand use a common seal and alter the same.

(5)        To enter intocontracts and execute all instruments necessary or appropriate to achieve thepurposes of the Commission.

(6)        To designate afiscal agent.

(7)        To perform anylawful acts necessary or appropriate to achieve the purposes of the Commission.

(d)        Membership. – TheCommission shall consist of 17 members as follows:

(1)        Two representativesfrom the public at large who are residents of the mountain region of WesternNorth Carolina appointed by the Speaker of the House of Representatives.

(2)        Two representativesfrom the public at large who are residents of the mountain region of WesternNorth Carolina appointed by the President Pro Tempore of the Senate.

(3)        Six representativesfrom the public at large who are residents of the mountain region of WesternNorth Carolina appointed by the Governor, including:

a.         Four who shall atthe time of appointment be actively connected with or have experience in localgovernment within the mountain region of Western North Carolina.

b.         One who shall at thetime of appointment be actively associated with a land trust organizationworking in Western North Carolina.

c.         One who shall at thetime of appointment have experience in tourism or tourism development in themountain region of Western North Carolina.

(4)        One member torepresent the North Carolina National Parks, Parkway and Forests DevelopmentCouncil.

(5)        Five members torepresent each of the following regional councils of government as appointed bythose councils: the Southwestern North Carolina Planning and EconomicDevelopment Commission, the Isothermal Planning and Development Commission, theHigh Country Council of Governments, the Western Piedmont Council ofGovernments, and the Land of Sky Regional Council.

(6)        One representativeappointed by the board of the Blue Ridge National Heritage Area.

The members of the Commissionshall elect a chair, vice‑chair, and any other officers they considernecessary and shall determine the length of the term of office, not to exceedtwo years, of each officer. A majority of the Commission shall constitute aquorum. Each member appointed to the Commission shall be appointed to serve afour‑year term. Any vacancy on the Commission shall be filled by theoriginal appointing authority for the remainder of the unexpired term. Initialterms commence September 1, 2009.

(e)        Salary; Expenses. –Members of the Commission shall receive no salary for their service on theCommission but may receive per diem, subsistence, and travel allowances inaccordance with G.S. 120‑3.1, 138‑5, or 138‑6, asappropriate. All expenses shall be paid from funds available to the Commissionthrough the Mountain Area Resources Fund, but no expenses shall be paid if theMountain Area Resources Fund lacks the necessary funds.

(f)         Staff Support. – TheDepartment of Environment and Natural Resources shall provide staff support andfacilities to the Commission within the existing programs of the agency.Additional staff may be hired or contracted by the Commission through fundsraised by or provided to it. The duties and compensation of any additionalstaff shall be determined and fixed by the Commission within availableresources.

(g)        State AgencyCooperation. – All agencies of the State of North Carolina shall cooperate withthe Commission and, upon request, shall assist the Commission in fulfilling itsresponsibilities. The Secretary of Environment and Natural Resources or theSecretary's designee shall serve as the liaison between the Secretary's agencyand the Commission. The Commission may obtain information and data upon requestfrom all officers, agents, agencies, and departments of the State of NorthCarolina or of local governments while in discharge of its duties.

(h)        The Commissionshall work in partnership with the Blue Ridge National Heritage Area to protectthe important mountain resources across the mountain region of Western NorthCarolina.

(i)         The role of theCommission is advisory in nature and in no way shall the Commission beconstrued to have regulatory authority. No action of the Commission supercedesany decision of any local planning board.  (2009‑485, s. 1.)