11-14-116 - Reelfoot Lake natural area Administration Land acquisition. - Tennessee Statutes

11-14-116. Reelfoot Lake natural area Administration Land acquisition.

(a)  Notwithstanding any provisions of this part to the contrary, the provisions of this section are applicable to the Reelfoot Lake natural area, an area designated as a natural area under the provisions of § 11-14-108 and described therein.

(b)  The responsibility for the administration of the Reelfoot Lake natural area under this part is transferred from the department, in cooperation with the wildlife resources agency and with the conservation commission acting as an advisory body, to the wildlife resources agency, in cooperation with the department and with the conservation commission acting as an advisory body.

(c)  All powers and duties of the commissioner under this part, with respect to the Reelfoot Lake natural area, are transferred to and shall be exercised and performed by the executive director of the wildlife resources agency, except that the power and duty to promulgate regulations are transferred to and shall be exercised by the wildlife resources commission.

(d)  All powers and duties of the department under this part, with respect to the Reelfoot Lake natural area, are transferred to and shall be exercised by the wildlife resources agency.

(e)  The wildlife resources commission, when promulgating regulations applicable to the Reelfoot Lake natural area, and the wildlife resources agency and its executive director, in the administration of the Reelfoot Lake natural area, shall seek the cooperation and advice of the department during the preparation of such regulations and the development of all management plans and policies for the natural area.

(f)  The powers and duties of the wildlife resources commission, the wildlife resources agency and its executive director, with respect to the Reelfoot Lake natural area under this section shall not extend to those properties operated by the division of parks and recreation, as the Reelfoot Lake State Resort Park, including noncontiguous day use areas, and consisting of approximately two hundred seventy-nine and twenty-three hundredths (279.23) acres.

(g)  No provision of this part shall prevent the wildlife resources commission from allowing hunting, fishing or other taking of wildlife on the Reelfoot Lake natural area in accordance with the provisions of title 70 and the rules, regulations and proclamations promulgated pursuant to title 70. However, such rules, regulations and proclamations may include restrictions on hunting, fishing or other taking of wildlife in limited areas designated by the wildlife resources commission as requiring such restrictions for the protection of plant and animal species which are listed by either the department or the wildlife resources commission as endangered, threatened, deemed in need of management or of special concern.

(h)  Annually, not later than January 8, the executive director of the wildlife resources agency shall submit a report to the appropriate standing committees of the senate and the house of representatives of the general assembly. Such report shall outline, in summary form, the agency's activities and accomplishments in administering the Reelfoot Lake natural area during the preceding fiscal year.

(i)  (1)  The general assembly finds and declares that it is in the general interests of the people of Tennessee to establish a partnership between this state and private, nonprofit corporations, qualifying under Section 501(c)(3) of the United States Code, for the purpose of implementing the expeditious acquisition of interest in lands at Reelfoot Lake.

     (2)  The executive director of the wildlife resources agency shall identify appropriate private, nonprofit corporations to assist with the acquisition of these lands. These corporations shall have the protection of charters of incorporation. The executive director is authorized, with the approval of the commissioner of finance and administration and the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interests in lands at Reelfoot Lake; provided, that contractors selected by the corporations for these purposes must be properly licensed in Tennessee for these purposes. The executive director, with the approval of the commissioner of finance and administration and the state building commission, is further authorized to accept such surveys, appraisals, title work, and services on behalf of the state and to enter into agreements with such corporations to acquire options and to pre-acquire on behalf of the state interests in lands at Reelfoot Lake. The executive director is further authorized, with the approval of the commissioner of finance and administration and the state building commission, to acquire conservation easements from such corporations where such corporations may retain the fee title; provided, that the executive director may not purchase a conservation easement under such circumstances for more than its appraised value. The executive director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The commissioner of finance and administration and the state building commission shall establish a form for such agreements.

[Acts 1984, ch. 548, § 1; 1985, ch. 350, §§ 1-3.]