GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 1127

Short Title:  State Nature and Historic Preserve.	(Public)

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Sponsors: Senator Horton.

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Referred to:  Agriculture/Environment/Natural Resources.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO CODIFY THE JOINT RESOLUTION DEDICATING PROPERTIES AS PART OF THE STATE NATURE AND HISTORIC PRESERVE, INCLUDING THE CODIFICATION OF NAME CHANGES OF CERTAIN LANDS PREVIOUSLY ACCEPTED INTO THE STATE NATURE AND HISTORIC PRESERVE; TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE; TO CODIFY THESE REMOVALS; AND TO DELETE CERTAIN LANDS FROM THE STATE PARKS SYSTEM.
Whereas, Article XIV, Section 5 of the North Carolina Constitution authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by resolution adopted by a vote of three-fifths of the members of each house of the General Assembly and removal of properties from that Preserve by law adopted by three-fifths of the members of each house of the General Assembly; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The following parcels of tracts of land are removed, pursuant to Article XIV, Section 5 of the North Carolina Constitution, from the State Nature and Historic Preserve:
(1)	All lands and waters as follows: The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Lebanon Township, described in Deed Book 1626-854, and more particularly described in a Department of Transportation drawing entitled "Sketch Showing a Portion of the Property of the State of North Carolina, Division of Parks and Recreation, Durham County Project 8.1351301 ID# U-2102 for tracts 155, 158, 159, and 163"; the portion of that certain tract or parcel of land at Eno River State Park in Durham County, Lebanon Township, described in Deed Book 1945-773 and more particularly described in a Department of Transportation drawing entitled "Sketch Showing a Portion of the Property of the State of North Carolina, Division of Parks and Recreation, Durham County Project 8.1351301 ID# U-2102 for tracts 155, 158, 159, and 163"; and the certain parcels or tracts of land in Durham and Orange Counties identified as tracts I, II, III, and IVA on the George C. Love, Jr. survey entitled "Plat Prepared for Acquisition of Zener Forest for Eno River State Park"dated December 2, 1993, and revised December 14, 1993.
(2)	All lands and waters as follows: The portion of that certain tract or property at Hanging Rock State Park in Stokes County, Danbury Township, described in Deed Book 360, Page 160, that is a 30-foot wide right-of-way beginning approximately 183 feet south of SR 1001 and extending in a southerly direction approximately 1,479 feet and more particularly shown on a survey titled, "J. Spot Taylor Heirs, Danbury Township, Stokes County, N.C."by Grinski Surveying Company, June 1985, as extending from the southwest corner of the Bobby Joe Lankford tract.
(3)	All lands and waters as follows: The portion of that certain tract or property at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 862, Page 1471 for the new right-of-way for SR 1904 needed for the relocation of this road within the park and as described in the drawing and shown as between the Rutherford Electric Membership Corporation right-of-way and the southern property boundary dated January 28, 1999, entitled "Survey for State of North Carolina"file name 12455.dwg by Suttles Surveying P.A.; and the portions of those certain tracts or property at South Mountains State Park in Burke County, in Upper Fork Township described in Deed Book 860, Page 341 and Deed Book 884, Page 1641 that are south of the centerline of the CCC road and shown on the drawing entitled "Land Trade Between South Mountains State Park and Adjacent Game Land Along CCC Road"by the Division of Parks and Recreation dated March 15, 1999.
Section 2.  G.S. 143-260.10 reads as rewritten:
"§ 143-260.10.  Components of State Nature and Historic Preserve.
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143-260.8:
(1)	All lands and waters within the boundaries of the following units of the State Parks System as of April 6, 1999:  Baldhead Island State Natural Area, Bay Tree Lake State Park, Boones Cave State Park, Bushy Lake State Natural Area, Carolina Beach State Park, Cliffs of the Neuse State Park, Chowan Swamp State Natural Area, Dismal Swamp State Natural Area, Duke Power State Park, Fort Fisher State Recreation Area, Fort Macon State Park, Goose Creek State Park, Hammocks Beach State Park, Hemlock Bluffs State Natural Area, Jockeys Ridge State Park, Jones Lake State Park, Lake James State Park, Lake Waccamaw State Park, Lumber River State Park, Medoc Mountain State Park, Merchants Millpond State Park, Mitchells Millpond State Natural Area, Mount Jefferson State Natural Area, Mount Mitchell State Park, Occoneechee Mountain State Natural Area, Pettigrew State Park, Pilot Mountain State Park, Raven Rock State Park, Run Hill State Natural Area, Singletary Lake State Park, Theodore Roosevelt State Natural Area, and Weymouth Woods-Sandhills Nature Preserve.
(2)	All lands and waters within the boundaries of William B. Umstead State Park as of April 6, 1999, with the exception of Tract Number 65, containing 22.93140 acres as shown on a survey prepared by John S. Lawrence (RLS) and Bennie R. Smith (RLS), entitled 'Property of The State of North Carolina William B. Umstead State Park', dated January 14, 1977, and as removed from the State Nature and Historic Preserve by Chapter 450, Section 1 of the 1985 Session Laws.  The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.  The State of North Carolina may only exchange this land for other land for the expansion of William B. Umstead State Park or sell and use the proceeds for that purpose.  The State of North Carolina may not otherwise sell or exchange this land.
	""""(4)	All lands within the boundaries of Morrow Mountain State Park as of April 6, 1999, with the exception of the following tract:  That certain tract or parcel of land at Morrow Mountain State Park in Stanly County, North Albemarle Township, containing 0.303 acres, more or less, as surveyed and platted by Thomas W. Harris R.L.S., on a map dated August 27, 1988, reference to which is hereby made for a more complete description.  The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.
	(6)	All land within the boundaries of Crowders Mountain State Park as of April 6, 1999, with the exception of the following tract:  The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, Crowders Mountain Township, described in Deed Book 1939, page 800, and containing 757.28 square feet and as shown in a survey by Tanner and McConnaughey, P.A. dated 7/22/88.  The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.  The State of North Carolina may only exchange this land for other land for the expansion of Crowders Mountain State Park or sell this land and use the proceeds for that purpose.  The State of North Carolina may not otherwise sell or exchange this land.
(7)	All lands owned in fee simple by the State at the New River Scenic River as of April 6, 1999, with the exception of the following tract:  That certain tract or parcel of land at the New River Scenic River in Alleghany County, Piney Creek Township, described in Deed Book 112, page 610, containing 16.54 acres, and consisting of lots #12 through #19 on the survey by Dudley and Zeh, R.L.S. dated 9/21/79.  The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.
(8)	All lands and waters within the boundaries of Stone Mountain State Park as of April 6, 1999, with the exception of the following tract:  The portion of that certain tract or parcel of land at Stone Mountain State Park in Wilkes County, Traphill Township, described as parcel 33-02 in Deed Book 633-193, and more particularly described as all of the land in this parcel lying to the west of the eastern edge of the Air Bellows Gap Road as shown on the National Park Service Land Status Map 33 dated 3/24/81, containing approximately 72 acres.  The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.
(9)	All lands and waters located within the boundaries of the following State Historic Sites as of January 1, 1999: Alamance Battleground, Charles B. Aycock Birthplace, Historic Bath, Bennett Place, Bentonville Battleground, Brunswick Town/Fort Anderson, C.S.S. Neuse and Governor Caswell Memorial, Charlotte Hawkins Brown Memorial, Duke Homestead, Historic Edenton, Fort Dobbs, Fort Fisher, Historic Halifax, Horne Creek Living Historical Farm, House in the Horseshoe, North Carolina Transportation Museum, James K. Polk Memorial, Stagville, State Capitol, Town Creek Indian Mound, Tryon Palace Historic Sites & Gardens, Zebulon B. Vance Birthplace, and Thomas Wolfe Memorial.
(10)	All land and waters within the boundaries of Gorges State Park in the transaction approved by the Council of State at their March 2, 1999, meeting and closed by ratification.
(11)	All land and waters located within the boundaries of Eno River State Park as of April 6, 1999, with the exception of six tracts:  The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Lebanon Township, described in Deed Book 1626-854, and more particularly described in a Department of Transportation drawing entitled 'Sketch Showing a Portion of the Property of the State of North Carolina, Division of Parks and Recreation, Durham County Project 8.1351301 ID# U-2102 for tracts 155, 158, 159, and 163'; and the portion of that certain tract or parcel of land at Eno River State Park in Durham County, Lebanon Township, described in Deed Book 1945-773 and more particularly described in a Department of Transportation drawing entitled "Sketch Showing a Portion of the Property of the State of North Carolina, Division of Parks and Recreation, Durham County Project 8.1351301 ID# U-2102 for tracts 155, 158, 159 and 163".  These two tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 113-44.14.  Further exclusions from the State Nature and Historic Preserve are: the certain parcels or tracts of land in Durham and Orange Counties identified as tracts I, II, III, and IVA on the George C. Love, Jr. survey entitled "Plat Prepared for Acquisition of Zener Forest for Eno River State Park"dated December 2, 1993, and revised December 14, 1993.  The State of North Carolina may only exchange these six tracts for other land for the expansion of Eno River State Park or sell these tracts and use the proceeds for that purpose.  The State of North Carolina may not otherwise sell or exchange this land.
(12)	All land and waters located within the boundaries of Hanging Rock State Park as of April 6, 1999, with the exception of the following tract: The portion of that certain tract or property at Hanging Rock State Park in Stokes County, Danbury Township, described in Deed Book 360, Page 160, that is a 30-foot wide right-of-way beginning approximately 183 feet south of SR 1001 and extending in a southerly direction approximately 1,479 feet and more particularly shown on a survey titled, "J. Spot Taylor Heirs, Danbury Township, Stokes County, N.C.,"by Grinski Surveying Company, June 1985, as extending from the southwest corner of the Bobby Joe Lankford tract.  The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.  The State of North Carolina may only exchange this land for other land for the expansion of Hanging Rock State Park or sell this land and use the proceeds for that purpose.  The State may not otherwise sell or exchange this land.
(13)	All land and waters located within the boundaries of South Mountains State Park as of April 6, 1999, with the exception of the following tracts:  The portion of that certain tract or property at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 862, Page 1471 for the new right-of-way for SR 1904 needed for the relocation of this road within the park and as described in the drawing and shown as between the Rutherford Electric Membership Corporation right-of-way and the southern property boundary dated January 28, 1999, entitled "Survey for State of North Carolina"file name 12455.dwg by Suttles Surveying P.A.; and the portions of those certain tracts or property at South Mountains State Park in Burke County, in Upper Fork Township described in Deed Book 860, Page 341 and Deed Book 884, Page 1641 that are south of the centerline of the CCC road and shown on the drawing entitled "Land Trade Between South Mountains State Park and Adjacent Game Land Along CCC Road"by the Division of Parks and Recreation dated March 15, 1999.  The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 113-44.14.   The State of North Carolina may only exchange this land for other land for the expansion of South Mountains State Park or sell this land and use the proceeds for that purpose.  The State may not otherwise sell or exchange this land."
Section 3.  This act is effective when it becomes law.