GENERAL ASSEMBLY OF NORTH CAROLINA

                          SESSION 1999





                        SENATE BILL 1311

                          RATIFIED BILL





AN ACT TO AUTHORIZE THE ADDITION OF THE MOUNTAINS TO SEA STATE

  PARK TRAIL TO THE STATE PARKS SYSTEM, AS RECOMMENDED BY THE

  ENVIRONMENTAL REVIEW COMMISSION.



         Whereas, Section 5 of Article XIV of the North Carolina

Constitution states that it shall be a proper function of the

State of North Carolina to acquire and preserve park,

recreational, and scenic areas and, in every other appropriate

way, to preserve as a part of the common heritage of this State

its open lands and places of beauty; and

         Whereas, the General Assembly enacted the State Parks

Act in 1987, declaring that the State of North Carolina offers

unique archaeological, geological, biological, scenic, and

recreational resources, and that these resources are part of the

heritage of the people of the State to be preserved and managed

by those people for their use and for the use of their visitors

and descendants; and

         Whereas, a Mountains to Sea Trail across North Carolina

would offer outstanding recreational opportunities to the State's

citizens; would protect riparian buffers and corridors of

wildlife habitat along its route; and would possess biological,

scenic, and recreational resources of statewide significance;

Now, therefore,



The General Assembly of North Carolina enacts:



         Section 1.  The General Assembly authorizes the

Department of Environment and Natural Resources to add the

Mountains to Sea State Park Trail to the State Parks System as

provided in G.S. 113-44.14(b).  The Mountains to Sea State Park

Trail shall be comprised only of those lands or easements which

are or will be allocated for management to the Division of Parks

and Recreation for this purpose.  The Division shall promote,

encourage, and facilitate the establishment of dedicated

connecting trails through lands managed by other governmental

agencies and nonprofit organizations in order to form a

continuous trail across the State.

         Section 2.  At least five business days prior to

initiating condemnation proceedings to acquire land for the

Mountains to Sea State Park Trail, the Department of

Administration shall notify the board of commissioners of the

county in which the land is located and, if the land is located

in a municipality, the board of commissioners of the

municipality.  Unless a governing body of a county or

municipality notifies the Department of Administration within

five business days that it objects to the proceedings, the

Department of Administration may initiate the proceedings.  The

Department of Administration shall not initiate proceedings if a

governing body of a county or municipality notifies the

Department of Administration within five business days that it

objects to the proceedings.

         Section 3.  Article 2 of Chapter 113 of the General

Statutes is amended by adding a new section to read:

"§ 113-34.1.  Power to acquire conservation lands not

included in the State Parks System.

  The Department of Administration may acquire and allocate to

the Department of Environment and Natural Resources for

management by the Division of Parks and Recreation lands that the

Department of Environment and Natural Resources finds are

important for conservation purposes but which are not included in

the State Parks System.  Lands acquired pursuant to this section

are not subject to Article 2C of Chapter 113 of the General

Statutes and may be traded or transferred as necessary to

protect, develop, and manage the Mountains to Sea State Park

Trail, other State parks, or other conservation lands.  This

section does not expand the power granted to the Department of

Environment and Natural Resources under G.S. 113-34(a) to acquire

land by condemnation."



         Section 4.  This act is effective when it becomes law.

         In the General Assembly read three times and ratified

this the 12th day of July, 2000.









                                         -------------------

                        Marc Basnight

                        President Pro Tempore of the Senate









                                         -------------------

                        James B. Black

                        Speaker of the House of Representatives









                                         -------------------

                        James B. Hunt, Jr.

                        Governor





Approved           .m. this        day of                , 2000