11-14-401 - Short title Acquisition of wetlands and forests Definitions. - Tennessee Statutes

11-14-401. Short title Acquisition of wetlands and forests Definitions.

(a)  The provisions of this part, as well as the provisions of § 67-4-409(g), shall be known and may be cited as the “U.A. Moore Wetlands Acquisition Act.”

(b)  The general assembly finds and declares that it is in the general interest of the people of Tennessee:

     (1)  To preserve certain wetlands and bottomland hardwood forests in our state, those being defined as follows:

          (A)  “Bottomland hardwood forests” means forests occurring on alluvial soils in floodplains in which tupelo, blackgum, sweetgum, oaks, southern cypress, elm, ash, cottonwood, singly or in combination, comprise a plurality of the stocking except where pines comprise twenty-five percent (25%) to fifty percent (50%), in which case the stand would be classified as oak pine; and

          (B)  “Wetlands” means lands which have hydric soils and a dominance (fifty percent (50%) or more of stem count based on communities) of obligate hydrophytes. They include the following generic types:

                (i)  Fresh water meadows;

                (ii)  Shallow fresh water marshes;

                (iii)  Shrub swamps with semipermanent water regimes most of the year;

                (iv)  Wooded swamps or forested wetlands;

                (v)  Open fresh water except farm ponds; and

                (vi)  Bogs;

     (2)  That the director of the wildlife resources agency be authorized to acquire wetlands and bottomland hardwood forests, and lands which are capable of supporting hydrophytes or bottomland hardwood forests of a composition normally occurring in that area of the state, including adjacent tracts of land and tracts of land which are significant for the protection of wetlands and bottomland hardwood forests, the acquisition of which may be necessary and desirable to ensure the proper management of such wetlands and forests, on behalf of the state using the proceeds from the increase in revenues resulting from the 1986 increase in the tax levied in § 67-4-409. The director is also authorized to purchase any lands adjacent to Reelfoot Lake which may be necessary for the management and preservation of such lake from such revenues, and to purchase areas meeting the definition of “converted” wetlands as defined by the United States department of agriculture within the Food Security Act of 1985, and amendments thereto; and

     (3)  To establish a partnership between the state and private, nonprofit corporations, qualifying under § 501(c)(3) of the United States Code, for the purpose of implementing the expeditious acquisitions of interests in wetlands and bottomland hardwood forests should the director or state choose to use such corporations.

(c)  Notwithstanding the provisions of this part, § 67-4-409, or any other law to the contrary, the director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Scott and Campbell counties and are known as the “Koppers Properties” including lands adjacent thereto.

(d)  Notwithstanding the provisions of this part, § 67-4-409 or any other law to the contrary, the director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of assisting in the acquisition of certain uplands and canyon which are located within White, Cumberland and Van Buren counties and are known as “Scott's Gulf.” Nothing in this subsection shall be construed to obligate the wildlife resources agency to fully fund the purchase of this real property either from the 1986 wetland acquisition fund or from any other state fund under the control of the agency.

(e)  Notwithstanding the provisions of this part, § 67-4-409 or any other law to the contrary, the executive director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Scott, Campbell, Morgan and Anderson counties known as “International Paper Company Properties” including lands adjacent thereto.

[Acts 1986, ch. 833, § 1; 1989, ch. 458, § 1; 1989, ch. 461, § 5; 1991, ch. 140, § 1; 1997, ch. 542, §§ 1, 2; 1998, ch. 955, § 1; 1998, ch. 956, § 1; 2002, ch. 864, § 1.]