11-1-101. Organization of department — Authority of commissioner — Historical commission.

1. The department of environment and conservation shall be under the charge and general supervision of the commissioner of environment and conservation, who shall have the same official status as other commissioners.
2. The commissioner is authorized to establish divisions, bureaus or other organizational units necessary to carry out the duties imposed upon the commissioner and the department.
3. The commissioner is authorized to appoint such deputy and assistant commissioners as may be necessary to discharge the powers and duties of the department. In the event of absence or incapacity of the commissioner or in the event of a vacancy in the office of the commissioner, an appropriate person designated by the governor may be authorized in accordance with § 4-4-115, to exercise any and all of the powers of the commissioner until such time as the duly appointed commissioner can fulfill such commissioner's responsibilities.
4. The commissioner is authorized to delegate any of the powers, duties, responsibilities or authority vested in the commissioner by the laws of the state of Tennessee.
5. The commissioner may adopt, promulgate and enforce such rules and regulations necessary to carry out such commissioner's duties and responsibilities.
6. The commissioner is also authorized to adopt, promulgate and enforce rules and regulations establishing fees and charges for departmental services including, but not limited to, licenses, permits, or authorizations rendered pursuant to or required by any statute administered by the department.
7. The department shall have transferred and attached to it the Tennessee historical commission, for purposes of administration.

Acts 1937, ch. 33, § 70; C. Supp. 1950, § 255.63 (Williams, § 255.73); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; Acts 1975, ch. 143, § 1; T.C.A. (orig. ed.), § 11-101; Acts 1992, ch. 693, § 9.

Cross-References. Commissioner, appointment and powers, §§ 4-3-112, 4-3-121, 4-3-122.

Conservation laws and regulations, enforcement by forestry division, § 11-4-409.

Deeds, execution by commissioner conveying interest of state in surplus park lands, § 11-3-109.

Director of division of forestry known as state forester, § 11-4-103.

Division of educational service, § 11-1-110.

Division of geology established, § 11-5-101.

Establishment of department, § 4-3-101.

Forbidding of fires in period of drought, § 8-1-108.

Forestry division administration, § 11-4-401.

Forestry lands, purchase by division of forestry, § 11-4-404.

Lands, acceptance of gifts of, for forestry purposes, § 11-4-403.

Park managers and rangers, employment, § 11-3-107.

Powers of department in general, § 4-3-504.

Publication of annual departmental reports, § 4-4-114.

Sale of surplus park lands, § 11-3-108.

State forests, acquisition authorized, § 11-4-804.

Water quality, oil, and gas control board, commissioner as member, § 69-3-104.

Water resources division, title 69, ch. 7.

Attorney General Opinions. State park entrance fees and parking fees — authority to establish by rulemaking, OAG 00-039, 2000 Tenn. AG LEXIS 39 (3/13/00).

11-1-102. Records and equipment of various divisions kept by department.

1. All records, equipment and properties of the division of geology and the former Tennessee state park and forestry commission shall be kept in the department of environment and conservation.
2. All records, equipment and properties of the division of forestry shall be kept in the department of agriculture.
3. Notwithstanding any law to the contrary, the following records as defined by § 10-7-503 of any division of the department of environment and conservation shall be confidential and shall not be open for inspection by members of the public:
   1. Concerning radioactive materials regulated by the United States nuclear regulatory commission or by a state under an agreement with the nuclear regulatory commission pursuant to § 274(b) of the Atomic Energy Act (42 U.S.C. § 2021(b)), that are not available to the public under federal law, regulation, or guidance, or nuclear regulatory commission regulatory issue summary; provided, that records made confidential pursuant to this subdivision (c)(1) may be redacted whenever possible and made open for inspection and copying;
   2. Disclosing the specific location of threatened, endangered, or rare species that would not be available to the public under the federal law or regulation;
   3. 1. Relating to a guest's use of state parks, including a state park guest's:
         1. Name;
         2. Home or mobile telephone number;
         3. Address, including the street address or post office box number, city, state, and zip code;
         4. Social security number;
         5. Email address;
         6. Reservation, rescheduling, and cancellation information;
         7. Transaction information, including but not limited to purchases of goods or services; provided, however, that this subdivision (c)(3)(A)(vii) does not apply to aggregated statistical information that does not contain personally identifying information;
         8. Payment and refund information, including, but not limited to, bank account, credit card, and gift certificate or gift card information;
         9. Driver license information;
         10. Vehicle registrations, including, but not limited to, automobiles, boats, and off-highway vehicles; and
         11. Emergency contact information;
      2. Nothing in subdivision (c)(3)(A) limits:
         1. Access to information made confidential pursuant to subdivision (c)(3)(A):
            1. By law enforcement agencies, courts, or other governmental agencies performing official functions; or
            2. When a guest expressly authorizes the release of such information; or
         2. The creation and release of an internal investigation report to persons identified within the report, unless the report is subject to a legal privilege against disclosure; or
   4. Containing information regarding the specific location of a site or artifact if the commissioner or the commissioner's designee determines that disclosure of such records would create a substantial risk of damage to or destruction of either the historical value of such site or artifact or private property. For purposes of this subdivision (c)(4), “site” and “artifact” have the same meaning as defined in § 11-6-102.

Acts 1937, ch. 33, § 70-a; 1949, ch. 283, § 1; C. Supp. 1950, § 255.64 (Williams, § 255.74); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-102; Acts 1992, ch. 693, § 10; 2007, ch. 198, § 1; 2017, ch. 125, § 1; 2018, ch. 630, §§ 1, 2.

Compiler's Notes. For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (ch. 4 of this title) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

Cross-References. Confidentiality of public records, § 10-7-504.

11-1-103. Cooperation with wildlife resources agency — Relationships between divisions.

The several divisions located within the department of environment and conservation shall cooperate with the state wildlife resources agency, and the employees of the divisions shall lend whatever assistance is necessary to carry out the game and fish laws. Likewise, the employees of the state wildlife resources agency shall cooperate with the other divisions in the department and lend assistance whenever it is deemed necessary by the commissioner of environment and conservation, it being the purpose to coordinate fully the activities of the state wildlife resources agency with other conservation activities in the department. In the event any controversy shall arise in the department between any of the various divisions therein as to their respective duties and functions, the commissioner shall have authority to make the final decision concerning the controversy, and to define the respective limits of authority of each division.

Acts 1949, ch. 50, § 19; C. Supp. 1950, § 255.69A (Williams, § 5120.37); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A. (orig. ed.), § 11-103.

Compiler's Notes. For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (ch. 4 of this title) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

11-1-104. Political activities of officers and employees.

No member, employee or officer of the department of environment and conservation shall use such member's, employee's or officer's official authority or influence for the purpose of interfering with an election or affecting the results thereof, or for the purpose of coercing the political action of any person or body. Failure to comply with the express purpose of this section constitutes grounds for immediate dismissal.

Acts 1939, ch. 217, § 4; C. Supp. 1950, § 255.68 (Williams, § 255.75d); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-104; Acts 2013, ch. 93, § 1.

11-1-105. Acquisition of land by gift, purchase, or condemnation — Lands to be sought — Titles to state — Approval by attorney general and reporter — Recommendations to general assembly.

1. The department of environment and conservation has the full power to acquire by gift, devise or purchase, or by the exercise of the power of eminent domain, areas, properties, lands, or any estate or interest therein, of scenic beauty, material or recreational utility, historic interest, remarkable phenomena or any other unusual features which in the judgment of the department should be acquired, preserved, and maintained for the use, observation, education, health, and pleasure of the people of Tennessee; provided, that such authority of acquisition shall be within the limits of any appropriations which may be made by the general assembly for the purchase of such properties, and the department shall have no power to purchase or contract for the purchase of any property beyond the amount contained in such appropriation.
2. The department has the power to institute and prosecute on behalf of the state of Tennessee any proceedings in the exercise of the power of eminent domain for the acquisition of such properties for public use in accordance with the laws relating to the exercise of such right and power.
3. All contracts shall be made and all titles shall be taken in the name of the state of Tennessee. The title shall be examined and approved by the attorney general and reporter before any property shall be purchased or acquired by condemnation.
4. The department may make recommendations to the general assembly of any other areas or properties for acquisition for which no appropriation may be made.
5. The department shall make diligent effort to obtain by gift lands or other property for park purposes.
6. All areas or properties so acquired shall be taken and held by the state for park purposes and the control and management thereof shall be vested in the department.

Acts 1925, ch. 55, §§ 3, 4; Shan. Supp., §§ 3047a3, 3047a4; mod. Code 1932, §§ 5196, 5199; impl. am. Acts 1937, ch. 33, § 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-105; Acts 1992, ch. 693, § 11.

Compiler's Notes. For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (ch. 4 of this title) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

Cross-References. Records kept in department of environment and conservation, § 11-1-102.

11-1-106. Personal property — Acquiring and holding.

The department is empowered to receive by bequest, gift, or otherwise, money or other personal property for park purposes, to be held and used under § 11-1-105.

Acts 1925, ch. 55, § 4-a, as added by Acts 1927, ch. 57, § 1; Code 1932, § 5197; impl. am. Acts 1937, ch. 33, § 69; T.C.A. (orig. ed.), § 11-106; Acts 1992, ch. 693, § 12.

Compiler's Notes. For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (ch. 4 of this title) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

11-1-107. Power to convey to federal government.

1. In the event any property at any time acquired lies in the designated area of the Great Smoky Mountain National Park, the department is empowered to convey same to the federal government as a part of the national park.
2. Any money so received shall be deposited with the state treasurer to the credit of the department and disbursed upon the warrant or written order of the commissioner.

Acts 1925, ch. 55, § 4-a, as added by Acts 1927, ch. 57, § 1; Code 1932, § 5198; impl. am. Acts 1937, ch. 33, §§ 69, 70a; T.C.A. (orig. ed.), § 11-107.

11-1-108. System of development and administration of land — Rules and regulations — Accounting for revenues.

1. The department shall make a careful study of lands in the state suitable for park purposes and shall formulate and adopt a system for the proper development, preservation, and administration thereof.
2. The department has the power to make rules and regulations and to promulgate the same for the management and control of this property for park purposes not inconsistent with the powers and restrictions herein.
3. All revenue which may be derived from such property shall be accounted for by itemized annual statements, and shall go into the state treasury for state purposes; provided, that the commissioner, with the approval of the state building commission, may pledge the revenues derived from any park facility to pay for the lease or purchase of such park facility and the amounts which may be so pledged shall be applied as provided in such pledge.

Acts 1925, ch. 55, § 4; Shan. Supp., § 3047a4; Code 1932, § 5199; impl. am. Acts 1937, ch. 33, §§ 69, 70a; Acts 1974, ch. 775, § 1; T.C.A. (orig. ed.), § 11-108; Acts 1992, ch. 693, § 13.

Compiler's Notes. For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (ch. 4 of this title) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

Attorney General Opinions. State park entrance fees and parking fees — authority to establish by rulemaking, OAG 00-039, 2000 Tenn. AG LEXIS 39 (3/13/00).

11-1-109. Violation of rules and regulations punishable as misdemeanor.

1. Any violation of rules and regulations for the care and management of such properties as may be made under the authority of § 11-1-108 is a Class C misdemeanor.
2. In addition to the criminal penalty in subsection (a), the general assembly finds that it is appropriate that there be civil sanctions as well. Any person who does any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs:
   1. Any damage or vandalism to any state park;
   2. The intentional removal or destruction in state parks of any rare, threatened or endangered species of plants as provided in §§ 70-8-304(2) and 70-8-305, and in all rules and regulations promulgated pursuant to those sections; or
   3. Any other violation of this part or the rules promulgated under this part.
3. The commissioner, through the attorney general and reporter, may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred, in the name of the department. In any such action, the commissioner may also recover, in addition to the civil penalty assessed under subsections (b) and (d), for any damages to the state parks that were the result of the activity.
4. In assessing the civil penalty, the court may consider the following factors:
   1. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
   2. Damages to the state park, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage;
   3. The cause of the violation; and
   4. Any economic benefit gained by the violator.
5. Any civil penalties paid to the state pursuant to this section shall be deposited in the state park fund created by § 11-3-302.
6. No provision of this section shall be construed to restrict the state from recovering civil damages to state property as provided by law.

Acts 1925, ch. 55, § 5; Shan. Supp., § 3047a5; Code 1932, § 5200; T.C.A. (orig. ed.), § 11-109; Acts 1989, ch. 591, § 113; 2007, ch. 486, § 1.

Compiler's Notes. For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (ch. 4 of this title) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

11-1-110. Division of educational service — Director.

1. There is hereby created in the department of environment and conservation a division to be known as the “division of educational service.”
2. The head of the division shall be a director appointed by the commissioner of environment and conservation.
3. It is the duty of the division to promote education in regard to all conservation matters and to assist the various departments, divisions, and agencies with educational programs concerning conservation as may be deemed appropriate.
4. The director shall perform such other duties and functions as may be directed by the commissioner.

Acts 1957, ch. 314, § 1; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-110.

11-1-111. Use of central office appropriations for division of educational service.

The commissioner of environment and conservation is hereby authorized and empowered to use such part of the commissioner's appropriation for the commissioner's central office as the commissioner may deem appropriate in connection with the division of educational service.

Acts 1957, ch. 314, § 2; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-111.

11-1-112. Park facilities — Powers and duties of commissioner.

In order to provide park facilities for the department and to enable the construction and financing thereof on lands owned by the state or by an industrial development corporation which has been created under title 7, chapter 53, but for no other purpose unless authorized by law, the commissioner, with the approval of the state building commission, in the name of the state of Tennessee, has the following powers and duties:

1. Without limitation by reason of any other law, the power to sell and convey title to an industrial development corporation any land and any existing buildings or facilities thereon owned by the department for such consideration upon such terms and conditions as in the judgment of the commissioner and the state building commission are in the best interest of the state;
2. Without limitation by reason of any other law, the power to lease to an industrial development corporation for a term or terms, not exceeding fifty (50) years each, any land and existing buildings or facilities thereon owned by the department upon such terms and conditions as in the judgment of the commissioner and the state building commission are in the best interest of the state;
3. The power to lease or purchase from an industrial development corporation and to make available for public use any park facility erected upon land conveyed or leased to an industrial development corporation or upon any of the land owned by an industrial development corporation upon such terms, conditions and rentals or deferred payment obligations as in the judgment of the commissioner and the state building commission are in the best interest of the state;
4. The power to pledge and assign all or any part of the revenues derived from the operation of such park facility as security for the payment of the rentals or deferred payment obligations due and to become due under any lease or purchase under subdivision (3), and to covenant in any such lease or purchase agreement with respect to future pledges or assignments of such revenues; and
5. The power to covenant and agree in any lease or purchase made under subdivision (3) to:
   1. Impose fees, rentals or other charges for the use or occupancy or other operation of such park facility in an amount calculated to produce revenues sufficient to pay the rentals or obligations due and to become due under such lease or purchase; and
   2. Properly account for, secure, and disburse such fees, rentals and charges.

Acts 1974, ch. 775, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A., § 11-112.

Code Commission Notes.

Acts 1988, ch. 1034, § 1 provided that the authority granted by § 11-3-111 and this section, relative to lease and licensing arrangements in state parks, shall apply to any arrangement approved by the commissioner of environment and conservation to allow private contractors to construct and develop a golf course at Chickasaw State Park, and the commissioner is empowered to enter into a contract for such construction and development, subject to approval of the state building commission.

11-1-113. Grants for utility systems — “Utility system” defined.

1. Subject to the approval of the state building commission, the commissioner of environment and conservation is hereby authorized to make grants, as funds are available, to any municipality, county, town or city, utility district, public utility, or any authority, corporation, association or other organization which provides utility services, in order to assist in providing utility service to any state park, forest, or any unit of the Tennessee outdoor recreation area system authorized by § 11-3-103. Such grant shall be for construction purposes only, and shall be directly proportional to the benefits accruing to the state facility by the utility system.
2. “Utility system” includes water, sewerage, electric and solid waste.

Acts 1974, ch. 445, § 1; T.C.A., § 11-113; Acts 1986, ch. 912, § 3.

Compiler's Notes. For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (ch. 4 of this title) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991).

11-1-114. Use of privately owned land for recreational purposes — Acquisition of adjacent lands.

1. The commissioner of environment and conservation has the authority to enter into agreements with any not-for-profit corporation chartered under the laws of this state, such agreements being for the purpose of planning, providing, maintaining, and/or administering recreational and natural areas and facilities for the use by the general public.
2. Such authority includes the power to provide duly commissioned park rangers for the enforcement of state laws and regulations on publicly and privately owned lands or waters used as recreational areas by the general public.
3. Furthermore, the commissioner has the authority to acquire by gift, purchase, exchange, assumption of tax payments, or other method specifically excluding condemnation, lands or easements adjacent to or near such recreational or natural areas for the purpose of facilitating the public use of these areas.
4. In exercising the authority granted in this section, the commissioner shall abide by all law relating to contracts, property management, and leasing, including such regulations as may be promulgated by appropriate state officials, subject to specific appropriation of funds by the general assembly.

Acts 1977, ch. 439, § 1; T.C.A., § 11-114.

11-1-115. Cloverbottom Mansion.

1. The commissioner of environment and conservation is authorized to contract with the Cloverbottom Association, subject to the approval of the state building commission, for its assistance in the renovation, repair, maintenance, operation and preservation of the Cloverbottom Mansion located in Davidson County.
2. This section shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this section unless such funds are specifically appropriated by the general appropriations act and approved by the commissioner of finance and administration.

Acts 1988, ch. 849, §§ 1, 2.

11-1-116. Policy of employing young persons to work in state parks and recreation areas.

It is the policy of the general assembly that young persons should assist in the preservation of state parks and recreation areas. The commissioner of environment and conservation is encouraged to employ persons under nineteen (19) years of age to work in state parks and recreation areas. These persons should be employed in nonhazardous duties that enhance the viability and purpose of Tennessee's pristine parks. The commissioner shall provide an annual report to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives on the number of persons under nineteen (19) years of age who are employed to work in state parks and recreation areas, and in which state parks and recreation areas such persons are employed.

Acts 2006, ch. 561, § 1; 2012, ch. 604, § 9; 2013, ch. 236, § 7.

Cross-References. Child labor, title 50, ch. 5.

11-1-117. Initiation of proceedings — Injunctive relief.

The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part or the rules promulgated under this part. In the action, the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity.

Acts 2007, ch. 486, § 2.

Chapter 3
State Parks

Part 1
General Provisions

11-5-101. Division established — State geologist — Qualifications.

There shall be a division of the department of environment and conservation known as the division of geology, and a state geologist, who shall be a graduate of a recognized college and shall have had at least three (3) years' experience in practical geological work.

Acts 1923, ch. 7, § 37; Shan. Supp., §§ 373a89, 373a90; Code 1932, §§ 312, 622; impl. am. Acts 1937, ch. 33, §§ 56, 69; C. Supp. 1950, § 622; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-501.

Cross-References. Powers of department of environment and conservation, §§ 4-3-503, 4-3-504, 4-3-505.

Records kept in department of environment and conservation, § 11-1-102.

Law Reviews.

Tennessee and the Interstate Compact to Conserve Oil and Gas, 19 Tenn. L. Rev. 551.

11-5-102. State geologist — Powers and duties — Geological survey.

It is the duty of the state geologist, subject to the approval of the commissioner of environment and conservation, to:

1. Organize and direct the work of the state geological survey in field and office;
2. Determine the character, order, and time of publication of the reports of the survey, and to direct the preparation, printing, and distribution of the same;
3. Arrange for cooperative work with the various federal and state scientific bureaus where such work shall redound to the interest of the people of the state;
4. Appoint such associates, assistants, and employees as may be necessary to carry out successfully and speedily the work of the survey;
5. Procure and have charge of the necessary field and office supplies and other equipment, and supervise the acquisition, care, and distribution of the collections of the state geological survey; and
6. Perform such other work as may be necessary to the successful conduct of the survey.

Acts 1909, ch. 569, § 4; Shan., § 310a4; mod. Code 1932, § 625; impl. am. Acts 1937, ch. 33, §§ 56, 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-502.

11-5-103. Objects and duties of state geological division.

The geological division has for its objects and duties the following:

1. A study of the geological formations of the state, with especial reference to their economic products, including coal, oil, gas, ores, fertilizers, building stones, road-making materials, clays, cement materials, sands, soils, forests, mineral and artesian waters, drainage of swamps, streams, and water powers, and other natural resources;
2. A study of the character, origin, and relations of the soils of the state, with especial reference to their adaptability to particular crops, the maintenance of soil fertility, and the conservation and utilization of supplies of natural fertilizers;
3. A study of the road-making materials of the state, with reference to their character, distribution, and the best methods of utilizing the same;
4. A study of the occurrence and availability of underground water supplies;
5. An investigation of the forests, streams, and water powers of the state, with especial reference to their conservation and development for industrial enterprises;
6. A study of the swamp and other nontillable lands of the state, with reference to their reclamation for agricultural purposes;
7. A study of the physical features of the state, with reference to their bearing upon the occupations, physical welfare, and intellectual pursuits of the people;
8. The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special reports with necessary illustrations and maps, which shall embrace both general and detailed descriptions of the geology, topography, and natural resources of the state;
9. The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special geologic, topographic, and economic maps to illustrate the structure, relief, and natural resources of the state; and
10. The consideration of such other scientific and economic questions as in the judgment of the commissioner of environment and conservation shall be deemed of value to the people of the state.

Acts 1909, ch. 569, § 5; Shan., § 310a5; mod. Code 1932, § 626; impl. am. Acts 1937, ch. 33, §§ 56, 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-503; Acts 1990, ch. 1024, §§ 11, 12.

11-5-104. Printing and sale of reports and maps — Reports to general assembly.

1. The regular and special reports of the state geological division, with proper illustrations and maps, shall be printed and distributed and sold as the commissioner of environment and conservation shall deem best for the interest of the people of the state and as the commissioner may direct, and all moneys obtained by the sale of the reports shall be paid into the state treasury.
2. The commissioner shall cause to be prepared a report to the general assembly before each meeting of the same, showing the progress and condition of the survey, together with such other information as they may deem necessary and useful, or as the general assembly may require; provided, that the commissioner shall have the right to print and distribute the reports.

Acts 1909, ch. 569, § 6; Shan., § 310a6; mod. Code 1932, § 627; impl. am. Acts 1937, ch. 33, §§ 56, 69; T.C.A. (orig. ed.), § 11-504.

11-5-105. Disposition of materials collected, records, books, reports, and equipment, upon completion or discontinuance of survey.

After having served the purposes of the survey, all materials collected shall be distributed by the state geologist to the educational institutions of the state in such manner as the commissioner of environment and conservation may determine to be of advantage to the educational interests of the state; provided, that if deemed advisable, the commissioner may first use such portion as may be necessary to establish a permanent exhibit of the natural resources of the state. On the completion or discontinuance of the state geological survey, the commissioner shall cause all records, notes, books, reports, charts, maps, manuscripts, instruments, and other equipment and property of the survey to be placed in charge of a suitable custodian to be held subject to final disposition by the general assembly; provided, that any field or other equipment which the commissioner shall deem undesirable to preserve may be sold as the commissioner may direct and the money turned into the state treasury; and provided further, that the copies of the reports of the survey left on hand for distribution shall be distributed by the custodian in such manner as shall be for the best interest of the people of the state.

Acts 1909, ch. 569, § 7; Shan., § 310a7; Code 1932, § 628; impl. am. Acts 1937, ch. 33, §§ 56, 69; modified; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-505.

11-5-106. Cooperation with federal and other state geological surveys.

The commissioner of environment and conservation is authorized to enter into cooperation with the United States geological survey and other scientific bureaus of the federal and state governments for the prosecution, at joint expense, of such work in the state as shall be deemed of mutual interest and advantage, and under such conditions as the commissioner may deem to be for the best interest of the people of the state.

Acts 1909, ch. 569, § 8; Shan., § 310a8; mod. Code 1932, § 629; impl. am. Acts 1937, ch. 33, §§ 56, 69; T.C.A. (orig. ed.), § 11-506.

11-5-107. Lands may be entered and crossed without damage.

In order to carry out this chapter, it is lawful for any person employed hereunder to enter and cross all lands within the state; provided, that in so doing no damage is done to private property.

Acts 1909, ch. 569, § 9; Shan., § 310a9; Code 1932, § 630; T.C.A. (orig. ed.), § 11-507.

11-5-108. Vandalism of caves or caverns.

1. It is an offense for any person, without the prior permission of the owner, to knowingly:
   1. Break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, mar or harm any natural material found within any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns or other similar crystalline material formations;
   2. Kill, harm or disturb any plant, animal or artifact found therein;
   3. Disturb or alter the natural condition of such cave or cavern; or
   4. Break, force, tamper with, remove, or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, whether or not entrance is actually gained.
2. Nothing in this section shall be construed to prohibit the owner of property from performing on such owner's property any of the acts set forth in subsection (a).
3. An act constituting a violation of this section is to be valued according to § 39-11-106(a)(36) and punished as theft under § 39-14-103.

Acts 1991, ch. 62, § 1.

Cross-References. Grading of theft, § 39-14-105.

11-6-101. Division established — Purposes.

1. A division of archaeology is hereby established in the department of environment and conservation, to be headed by a person who will be designated as the state archaeologist.
2. The division is hereby authorized to initiate, operate and maintain a statewide program in archaeology which shall include, but not be limited to:
   1. Surveying the state for mapping, recording and identification of archaeological sites;
   2. Excavation of historic, underwater, prehistoric and paleontological sites, ruins, and mounds for the purpose of securing data and objects relating to man in Tennessee, and the preservation of such sites and materials secured;
   3. Fundamental research in Tennessee archaeology and encouragement of public cooperation and responsibility for the preservation of Tennessee antiquities and archaeological and paleontological sites;
   4. Research in and study of anthropology and related physical and natural sciences, both prior to excavation and thereafter, in order to plan and aid in discovery of sites and artifacts, and provide for the proper assessment once discovered;
   5. Publication, in accordance with the rules, regulations, policies and procedures of the state publications committee, of findings in terms of scientific, popular, and cultural values;
   6. Display and custodianship of artifacts, sites, and other tangible results of the program; and
   7. Educational activities providing for the dissemination of information on archaeological conservation and the encouragement of archaeological societies, parks and museums.
3. It is not the purpose of the division to preempt, replace, or otherwise interfere with archaeological research programs conducted by state institutions of higher learning, but, to the contrary, to stimulate and supplement such programs whenever possible.

Acts 1970, ch. 468, § 2; T.C.A., § 11-1501; Acts 1990, ch. 1024, § 13; 1995, ch. 218, § 1.

11-6-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Artifacts” means all relics, specimens or objects of an historical, prehistorical, archaeological or anthropological nature which may be found above or below the surface of the earth, and which have scientific or historic value as objects of antiquity, as aboriginal relics, or as archaeological specimens;
2. “Burial grounds” means a place used for or to be used for human burials. “Burial grounds” does not include an individual urn or other container for ashes of a person who has been lawfully cremated. The fact that any tract of land has been set apart for burial purposes, or that a part or all of the grounds have been used for burial purposes, shall be evidence that such grounds were set aside for burial purposes. The fact that graves are not visible on any part of the grounds shall not be construed as evidence that such grounds were not set aside and used for burial purposes;
3. “Burial object” means any cultural material, including, but not limited to, whole or broken ceramic, metal or glass vessels, chipped stone tools, groundstone tools, worked bone and shell objects, clothing, medals, buttons, rings, jewelry, firearms, edged weapons, and the casket and parts thereof, that were demonstratively buried with an individual or the burial pit or mound associated with an individual or the structure created to house the body;
4. “Diving” means any underwater activity using snorkel, scuba, submersible or surface air supply;
5. “Excavation” means digging below the surface of the earth or water by hand or with mechanical equipment for the purpose of recovering artifacts, archaeological data, human remains or burial objects;
6. “Field archaeology” means the study of the traces of human culture at any land or water site by means of photographing, mapping, surveying, digging, sampling, excavating and removing artifacts or other archaeological material, or going on a site with that intent;
7. “Human remains” means the bodies of deceased persons, in whatever stage of decomposition, including, but not limited to, skeletal remains, mummies, or body parts. “Human remains” does not include the ashes of a person who has been lawfully cremated. “Human remains” does not include body parts or tissue which is removed for transplantation or other medical procedures or research;
8. “Site” means any location of historic or prehistoric human activity such as, but not restricted to, mounds, forts, earthworks, burial grounds, structures, villages, mines, caves, shipwrecks, and all locations which are or may be sources of paleontological remains;
9. “Submerged” means beneath or substantially beneath the territorial waters of the state;
10. “Surface collecting” means walking fields, stream banks, or other locations to look for and collect artifacts lying on the surface of the ground, or which are partially exposed on the surface of the ground, or which have been disturbed by plowing or natural processes of erosion; and
11. “Territorial waters” means the navigable waters of the state, and such other waters of the state as may be included within “lands beneath navigable waters” as defined in the federal Abandoned Shipwreck Act of 1987 (43 U.S.C. § 2101 et seq.).

Acts 1970, ch. 468, § 2; 1973, ch. 77, § 1; T.C.A., § 11-1502; Acts 1990, ch. 852, § 1; 1995, ch. 218, § 2.

11-6-103. Archaeological advisory council.

1. An eleven-member archaeological advisory council to the commissioner of environment and conservation and the state archaeologist is hereby created.
2. 1. Members of the archaeological advisory council shall serve staggered terms, and to such end the governor shall by June 30, 1983, appoint one (1) member to serve a term of four (4) years.
   2. The governor shall by June 30, 1986, appoint:
      1. One (1) member to serve a term of two (2) years;
      2. One (1) member to serve a term of three (3) years;
      3. One (1) member to serve a term of four (4) years;
      4. Two (2) members to serve terms of five (5) years;
      5. Three (3) members to serve terms of three (3), four (4), and five (5) years, respectively, to be appointed by June 30, 1990; and
      6. The initial appointment for the anthropologist representing Middle Tennessee State University shall be for two (2) years, to be appointed by June 30, 1995.
   3. Thereafter, each newly-appointed member shall be appointed to serve a term of five (5) years and may be subject to reappointment.
3. The council shall be composed of:
   1. Five (5) anthropologists representing the University of Tennessee, University of Memphis, Vanderbilt University, Middle Tennessee State University, and East Tennessee State University, respectively;
   2. One (1) representative from the Tennessee historical commission;
   3. One (1) representative from a recognized archaeological association in Tennessee;
   4. Three (3) members shall be persons of Native American descent and representative of the Native American community in Tennessee; and
   5. One (1) member from the public at large.
4. The members of the council shall receive no salary; provided, that travel expenses incurred by such members in the performance of duties with respect to the council shall be reimbursed in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
5. The duties of the council shall be to advise the commissioner of environment and conservation and the state archaeologist on all matters of policy relating to the activities of the division and to the employment of professional personnel. It is the responsibility of this council to organize and set forth its rules and operational procedures.
6. The council and the state archaeologist shall submit annually a comprehensive report of their activities and the results of their studies to the commissioner and to the governor and to the members of the general assembly in the first month of each calendar year. They shall also from time to time submit such additional and special reports as are deemed advisable.

Acts 1970, ch. 468, § 3; 1976, ch. 806, § 1(7); T.C.A., § 11-1503; Acts 1982, ch. 675, § 3; 1990, ch. 852, §§ 2-4; 1994, ch. 538, § 2; 1995, ch. 188, §§ 1-3; 2006, ch. 968, §§ 1, 2; 2018, ch. 583, § 1.

Compiler's Notes. The archaeological advisory council, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

11-6-104. Excavated artifacts — Property of state — Availability and care.

1. All artifacts and other materials excavated, discovered, donated, or otherwise acquired by the division of archaeology acquired in pursuance of this program shall be the property of the state of Tennessee and be placed under the custodianship of the division of archaeology. The state archaeologist has primary responsibility to assure that the material is properly and adequately safeguarded and available at all reasonable times to interested scientists and to the public insofar as funds and good scientific practices permit. The state archaeologist may, whenever it is consistent with good scientific practices and in the furtherance of the aims and purposes of the division, approve and permit the loan of such objects and materials to nonprofit scientific organizations, public agencies, museums, and institutions of higher learning both within and without Tennessee for purposes of research or public education.
2. There shall be no public exhibition or display of Native American Indian human remains held by the division.

Acts 1970, ch. 468, § 4; T.C.A., § 11-1504; Acts 1990, ch. 852, § 5.

Cross-References. Discovery of human remains, required notice, § 11-6-107.

Display of Native American Indian human remains, § 11-6-117.

11-6-105. Excavation of state lands — Permits — Unauthorized excavation — Penalty.

1. The state of Tennessee reserves to itself the exclusive right and privilege of field archaeology on sites owned or controlled by the state, its agencies, departments, institutions and commissions in order to protect and preserve archaeological and scientific information, matter and artifacts.
2. All such information and artifacts recovered from state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state, unless the state archaeologist and the advisory council shall conclude that some artifacts do not merit retention.
3. No person or organization, including any other agents or agencies of the state of Tennessee, unless acting as a duly authorized agent of the division of archaeology, shall excavate upon any site situated on lands owned or controlled by the state or any agency thereof.
4. Permits and contracts for archaeological exploration or excavation may be granted by the state archaeologist through the division for such periods of time and under such terms and conditions as the state archaeologist may from time to time determine.
5. All artifacts, photographs and records obtained by such agents shall remain the property of the state, subject to the decision of the state archaeologist and the advisory council, and shall be maintained in agreed upon public repositories.
6. Any person, corporation, society or organization conducting such explorations or excavations upon lands owned or controlled by the state or any agency thereof without having first obtained permit from the state archaeologist commits a Class A misdemeanor, except that any violation occurring on a site listed in the Tennessee register of archaeological sites where the commercial or archaeological value of the artifact involved and the cost of restoration or repair of such archaeological site or artifact exceeds the sum of five thousand dollars ($5,000) is a Class E felony.
7. Any and all artifacts and material excavated by such person or organization shall be forfeited to the state and shall be delivered forthwith to the division.

Acts 1970, ch. 468, § 5; 1973, ch. 77, § 2; T.C.A., § 11-1505; Acts 1984, ch. 801, § 1; 1990, ch. 852, §§ 6, 7.

Cross-References. Confidentiality of public records, § 10-7-504.

Penalty for Class A misdemeanor, § 40-35-111.

Penalty for Class E felony, § 40-35-111.

11-6-106. Defacement of sites or artifacts — Penalty.

In order that sites and artifacts on state-owned or controlled land shall be protected for the benefit of the public, it is a misdemeanor for any person, natural or corporate, to write upon, carve upon, paint, deface, mutilate, destroy, or otherwise injure any object of antiquity, artifact, Indian painting, Indian carving, or sites and all such acts of vandalism shall be punished as Class A misdemeanors according to this chapter.

Acts 1970, ch. 468, § 6; T.C.A., § 11-1506; Acts 1989, ch. 591.

Cross-References. Penalty for a Class A misdemeanor, § 11-6-112.

11-6-107. Discovery of sites, artifacts or human remains — Notice to division, contractors and authorities.

1. All state agencies, departments, institutions and commissions, as well as all counties and municipalities, shall cooperate fully with the division of archaeology.
2. Where any sites or artifacts may be found or discovered on property owned or controlled by the state or by any county or municipality, the agency, bureau, commission, governmental subdivision, or county or municipality having control over or owning such property and which is preparing to initiate construction or other earth-moving activities upon such property, or is currently performing work of this type upon such property, the public body having custody of the land shall comply with subsection (d) and is directed to urge supervisors of such works to notify the division of the discovery and location of such sites or artifacts immediately, and to cooperate to the fullest extent practicable with the division, either to prevent the destruction of such sites and artifacts or to allow the division to obtain maximum information and artifacts before these locations are disturbed or destroyed.
3. It is the responsibility of the state agencies to have this chapter made known to contractors who are to perform work upon any such public lands, and contractors shall be required to comply with this chapter.
4. 1. Any person who encounters or accidentally disturbs or disinters human remains on either publicly or privately owned land, except during excavations authorized under this chapter, shall:
      1. Immediately cease disturbing the ground in the area of the human remains; and
      2. Notify either the coroner or the medical examiner, and a local law enforcement agency.
   2. Either the coroner or the medical examiner shall, within five (5) working days, determine whether the site merits further investigation within the scope of such official's duties.
   3. If the coroner or the medical examiner, and law enforcement personnel, have no forensic or criminal concerns with regard to the site, then the coroner or the medical examiner shall notify the department.
   4. Human remains and burial objects reported to the division shall be treated as provided in §§ 11-6-104 and 11-6-119, and/or title 46, chapter 4, if applicable.
   5. A person who violates subdivision (d)(1)(A) or (d)(1)(B) commits a Class A misdemeanor;
   6. This section does not apply to:
      1. Normal farming activity, including, but not limited to, plowing, disking, harvesting and grazing; provided, that if human remains are discovered or disturbed, a report should be made to the officials specified in subdivision (d)(1)(B); or
      2. Surface collecting.
   7. Nothing in this chapter shall be construed to grant a right of access or occupation to the public without the landowner's permission.
5. All archaeological site clearance work carried out pursuant to this section shall, in as far as practicable, be scheduled so as not to interfere with construction activities, and such clearance work shall only be conducted at sites which have the potential to yield information significant to the scientific study of Tennessee's aboriginal and historic past.

Acts 1970, ch. 468, § 7; T.C.A., § 11-1507; Acts 1990, ch. 852, §§ 8, 9.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

11-6-108. State lands — Reserved from sale — Procedure.

1. Upon written notice to the commissioner of general services, given by the state archaeologist, the commissioner shall reserve from sale any state lands, including lands forfeited to the state for nonpayment of taxes, on which sites or artifacts are located or may be found; provided, that the reservation of such lands from sale may be confined to the actual location of the site or artifacts.
2. When such site or artifacts have been explored, excavated, or otherwise examined to the extent desired by the division of archaeology, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands.

Acts 1970, ch. 468, § 8; T.C.A., § 11-1508.

11-6-109. Private land — Trespass, vandalism, and unauthorized activities — Permission — Artifacts — Prohibited storage, dumping or littering.

1. It shall be deemed an act of trespass and a Class A misdemeanor for any person, natural or corporate, to excavate and remove artifacts from the private land of any owner without first obtaining the owner's express permission.
2. No person, corporation, partnership, association or any other entity shall excavate, damage, vandalize or remove any artifact from or otherwise alter or deface any site listed in the Tennessee register of archaeological sites without first obtaining landowner permission.
3. No person, corporation, partnership, association or any other entity shall sell, offer to sell, purchase or offer to purchase, or otherwise exchange any artifact from a site listed in the Tennessee register of archaeological sites if the artifact has been removed or received in violation of this section.
4. No person, corporation, partnership, association or any other entity shall store, dump, litter or otherwise dispose of any garbage, dead animal, sewage or toxic substance in any cave or sinkhole listed in the Tennessee register of archaeological sites.

Acts 1970, ch. 468, § 9; T.C.A., § 11-1509; Acts 1984, ch. 801, § 2; 1989, ch. 591.

Cross-References. Penalty for a Class A misdemeanor, § 11-6-112.

11-6-110. Designation as archaeological site.

An archaeological site of significance in the scientific study of Tennessee's aboriginal past or important to public knowledge and appreciation of this history may be publicly designated by the commissioner of environment and conservation and placed in the Tennessee register of archaeological sites; provided, that no sites shall be so designated without the express written consent of the state agency having jurisdiction over the land in question or, if it is privately owned land, the owner thereof; provided, that any person or entity having given its permission may revoke such permission on giving thirty (30) days' written notice of its intent to revoke to the division of archaeology, which revocation will automatically take place on the expiration of the thirty (30) days. Recommendations for such designations shall be made by the state archaeological advisory council in consultation with the state archaeologist and such recommendations, together with appropriate supporting data, shall be submitted to the commissioner. In addition to the above, any landowner may petition the commissioner to have any archaeological site located on the landowner's property publicly designated and placed in the Tennessee register of archaeological sites.

Acts 1970, ch. 468, § 10; T.C.A., § 11-1510; Acts 1984, ch. 801, § 3.

11-6-111. Sites threatened by construction projects — Contract with corporations or organizations.

The division of archaeology may make a contract with any corporation or organization for the conduct of archaeology upon any site, particularly sites threatened with damage or destruction by public or private construction projects.

Acts 1970, ch. 468, § 11; T.C.A., § 11-1511.

11-6-112. Violations — Penalties — Enforcement powers.

1. All acts declared to be misdemeanors in this part, and not otherwise classified, are Class A misdemeanors.
2. All acts declared to be felonies in this part, and not otherwise classified, are Class E felonies.
3. When properly commissioned and qualified by the commissioner of environment and conservation, employees of the division of archaeology shall have all of the police powers necessary to enforce all state laws and all rules and regulations made and published by the department regarding archaeological sites which are authorized for park superintendents and park rangers by § 11-3-107, within any of the archaeological sites for the purpose of enforcing §§ 11-6-104 — 11-6-106.

Acts 1970, ch. 468, § 12; 1973, ch. 77, § 3; T.C.A., § 11-1512; Acts 1984, ch. 801, § 4; 1989, ch. 591, §§ 22, 112; 1990, ch. 852, § 10.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Penalty for Class E felony, § 40-35-111.

11-6-113. Contracts and cooperative agreements — Authorization.

The department of transportation is hereby authorized and directed to enter into appropriate contracts and cooperative agreements with the division of archaeology and the United States bureau of public roads and to expend funds, both state and federal, in aid of archaeological survey, salvage, and preservation on any lands and rights-of-way now or hereafter coming into its control in order that the purposes of this chapter shall be achieved.

Acts 1970, ch. 468, § 13; impl. am. Acts 1972, ch. 829, § 7; 1973, ch. 77, § 4; T.C.A., § 11-1513.

11-6-114. Acceptance of gifts and grants — Title to land.

1. The division of archaeology is hereby authorized to accept grants, bequests, devises, gifts, and donations for purposes of furthering the state program in archaeology and to expend funds so received for those purposes.
2. The department of environment and conservation has full power to accept and hold title to land or interests in land in the name of the state for the purposes of this chapter.

Acts 1970, ch. 468, § 14; T.C.A., § 11-1514.

11-6-115. Tennessee Archaeological Society — Support of programs.

1. The division of archaeology is hereby authorized to assist and support the programs of the Tennessee Archaeological Society to the extent that the purposes and aims of the two (2) coincide.
2. The Tennessee Archaeological Society is hereby requested to assist and cooperate with the purposes and programs of the division of archaeology.

Acts 1970, ch. 468, § 15; T.C.A., § 11-1515.

11-6-116. Excavation of areas containing Native American Indian human remains — On-site representatives — Notice of intent to remove remains.

1. When a burial ground or other area containing human remains of Native American Indians is excavated, representatives of Native American Indians shall have a right to be present on the site at all times excavation or treatment of such remains is taking place.
2. The department shall promulgate regulations governing application procedures for and the number of representatives to be present on sites.
3. Any person engaged in work involving the removal of Native American Indian human remains must notify the state archaeologist in writing at least ten (10) days prior to the time a petition is filed under title 46, chapter 4. Within two (2) business days of receiving such notice, the state archaeologist shall forward such notice to the Native American members of the archaeological advisory council and the chair of the Tennessee commission of Indian affairs.

Acts 1990, ch. 852, § 11; 1999, ch. 509, § 1.

11-6-117. Display of Native American Indian human remains.

There shall be no public exhibition or display of Native American Indian human remains, except as evidence in a judicial proceeding.

Acts 1990, ch. 852, § 11.

Attorney General Opinions. The term “public exhibition or display” as used in this section applies to exhibits or displays of actual human remains rather than to photographs of human remains, OAG 05-005, 2005 Tenn. AG LEXIS 5 (1/05/05).

11-6-118. Import or export of human remains.

1. The import into Tennessee or the export from Tennessee of human remains is prohibited except in the following instances:
   1. Import or export by hospitals, medical schools, colleges or universities for education or research purposes;
   2. Import for burial or reburial in Tennessee or export for burial or reburial in another state or country;
   3. Import or export for preparation for burial or reburial; or
   4. Import or export for use as evidence in any judicial proceeding.
2. A violation of subsection (a) is a Class E felony.
3. Any remains so imported or exported shall be confiscated and subject to disposition as provided in §§ 11-6-104 and 11-6-119.

Acts 1990, ch. 852, § 11; 2006, ch. 896, § 2.

Cross-References. Penalty for Class E felony, § 40-35-111.

11-6-119. Reburial of human remains or Native American burial objects following discovery or confiscation.

Any human remains or any Native American burial objects discovered in the course of an excavation, exhumation or accidentally, and any such remains and their associated burial objects confiscated under § 11-6-118, shall be properly reburied following scientific analysis within six (6) months of such discovery or confiscation in accordance with procedures formulated by the advisory council which are appropriate to Native American traditions. Upon request for scientific or medical research, the director of the division may grant an extension of not more than six (6) months before reburial is required.

Acts 1990, ch. 852, § 11; 1999, ch. 509, §§ 2, 3.

Cross-References. Discovery of human remains, required notice, § 11-6-107.

Attorney General Opinions. Federal and state law for reburial and display of Native American remains and artifacts.  OAG 11-8, 2011 Tenn. AG LEXIS 8 (1/14/11).

11-6-120. Volunteer programs — Providing archaeological information to schools and other interest groups — Tennessee Archaeology Awareness Week.

1. Within existing resources and personnel, the division is authorized to carry out a coordinated program using qualified volunteers to implement the purposes of this part pursuant to § 11-6-101.
2. The division may establish an organized program of providing archaeological information and programs to schools and other interest groups.
3. The division may establish and coordinate activities focused on one (1) special week of the year to promote the archaeological heritage of Tennessee. This week shall be designated the “Tennessee Archaeology Awareness Week.”

Acts 1995, ch. 91, § 1.

11-6-121. Abandoned shipwrecks.

1. Since the congress has found that the state has certain responsibilities under the Abandoned Shipwreck Act of 1987, Public Law No. 100-298 (43 U.S.C. § 2101 et seq.), the division of archaeology is authorized to:
   1. Develop a plan regarding significant shipwreck sites in Tennessee which will include management strategies for the preservation and conservation of shipwrecks;
   2. Recognize important events and geographic locations in the history and development of river navigation;
   3. Establish a geographic data base and an information system that can be used to locate, track, and cross-reference significant shipwrecks;
   4. Acquire or provide funds for the research and identification of shipwrecks; and
   5. Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit organizations for the purpose of this section.
2. The division is authorized, in carrying out its purposes, to:
   1. Accept loans or grants, or both, of money, materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose;
   2. Receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration from any person, firm, or corporation, or from the state or any agency or instrumentality thereof or from any county, municipal corporation or local government or governing body; and
   3. Hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts or as appropriations from the general assembly for any of the purposes of the division.

Acts 1995, ch. 218, § 3.

11-7-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Heritage Conservation Trust Fund Act of 2005.”

Acts 2005, ch. 444, § 1.

11-7-102. Chapter definitions.

As used in this chapter, unless the context requires otherwise:

1. “Board” means the governing body of the Tennessee heritage conservation trust fund;
2. “Nonprofit organization” means an entity that is exempt from federal income taxation under § 501(a) of the Internal Revenue Code (26 U.S.C. § 501(a)), as an organization described in § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)); and
3. “Trust fund” means the Tennessee heritage conservation trust fund.

Acts 2005, ch. 444, § 2.

11-7-103. Establishment — Purpose — Fund moneys — Carry forward of fund balance and earnings — Solicitation and receipt of gifts, contributions, bequests, donations and grants — Authority to establish nonprofit organization.

1. The Tennessee heritage conservation trust fund is hereby established as a special agency account in the state general fund. The purpose of this trust fund is to assist the state in permanently conserving and preserving tracts of land within this state for the purposes of promoting tourism and recreation, including outdoor activities, such as hunting, fishing, equestrian activities and hiking; protecting, conserving and restoring the state's physical, cultural, archeological, historical and environmental resources; and preserving working landscapes.
2. Moneys in the trust fund shall be invested by the state treasurer, in accordance with applicable general law, except as qualified by this chapter. The state treasurer shall hold the trust fund separate and apart from all other moneys, funds, and accounts.
3. Any balance remaining unexpended at the end of a fiscal year in the trust fund shall be carried forward into the subsequent fiscal year.
4. Investment earnings credited to the assets of the trust fund, including, but not limited to, interest, shall be carried forward into the subsequent fiscal year.
5. The trust fund is authorized to request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source to effectuate its purpose. Any such funds received shall be deposited into the trust fund; provided, that, if any such items are not in the form of funds, any income, rents, or proceeds generated from the items shall be deposited into the trust fund.
6. The trust fund is authorized to create or establish a nonprofit organization, which shall also be eligible to request and receive gifts, contributions, bequests, donations and grants from any legal and appropriate source to effectuate the trust fund's purpose.
7. Moneys in the trust fund, and in any nonprofit entity created pursuant to subsection (f), shall be expended only in accordance with, and for the purposes stated in, this chapter. No part of the fund shall be diverted to the general fund or any other public fund for any purpose whatsoever.
8. This subsection (h) is contingent upon a four-million-dollar ($4,000,000) appropriation being made to the trust fund in the 2009 general appropriations act. This section and any other law to the contrary notwithstanding, in the five (5) or fewer fiscal years beginning July 1, 2010, the commissioner of finance and administration annually shall transfer from the heritage conservation trust fund to the general fund an amount of nine hundred thirty-seven thousand five hundred dollars ($937,500), plus annual interest earnings on that amount, plus any unexpended balance of four million dollars ($4,000,000) remaining after certain commitments of the trust fund have been satisfied, plus other available sources, until the general fund has been reimbursed for a four-million-dollar ($4,000,000) appropriation made in fiscal year 2008-2009. The four-million-dollar appropriation has been provided to allow the state to fulfill commitments made before November 2008, while a nine million three hundred seventy-five thousand dollar ($9,375,000) lease payment for timber rights is earned over a ten-year period. For purposes of this subsection (h), the term “other available sources” shall not include gifts, contributions, bequests, donations and grants, if the funds are restricted for specific acquisitions or purposes.

Acts 2005, ch. 444, § 2; 2009, ch. 531, § 13.

Compiler's Notes. Acts 2009, ch. 531, § 13, which added § 11-7-103(h), provided that the subsection is contingent upon a four-million-dollar ($4,000,000) appropriation being made to the trust fund in the 2009 general appropriations act. Funding was provided by Acts 2009, ch. 554, § 8, Item 19(b).

For the Preamble to the act concerning the operation and funding of state government and to fund the state budget for the fiscal years beginning on July 1, 2008, and July 1, 2009, please refer to Acts 2009, ch. 531.

11-7-104. Board of trustees — Annual report — Audit.

1. There is hereby established the Tennessee heritage conservation trust fund board of trustees. The board shall be attached to the department of environment and conservation for administrative purposes, but shall be independent of the department. Expenditures from the trust fund shall be made only upon authorization of the board.
2. 1. The board shall consist of eleven (11) members.
   2. Trustees shall be appointed by the governor, subject to confirmation by each house of the general assembly, but appointments shall be effective until adversely acted upon by the general assembly.
   3. Persons appointed to the board shall include persons knowledgeable in the areas of land acquisition, management, conservation and protection.
   4. The membership of the board shall appropriately reflect the racial and geographic diversity of this state. At no time shall the membership of the board be composed of more than four (4) members who reside in any one (1) of the grand divisions, as defined in title 4, chapter 1, part 2.
   5. The commissioner of environment and conservation, the commissioner of agriculture, and the executive director of the wildlife resources agency, or their designees, shall serve as ex officio, nonvoting members of the board.
   6. The governor shall appoint a board chair from the membership of the board. Other officers shall be selected as provided in the bylaws of the fund.
3. Trustees shall serve four-year, renewable terms; provided, that of the initial trustees appointed:
   1. Three (3) trustees shall be appointed for an initial term of four (4) years;
   2. Three (3) trustees shall be appointed for an initial term of three (3) years;
   3. Three (3) trustees shall be appointed for an initial term of two (2) years; and
   4. Two (2) trustees shall be appointed for an initial term of one (1) year.
4. Should a board position become vacant through resignation, removal, or other cause, the governor shall appoint a new member to serve the unexpired term, subject to confirmation of each house of the general assembly, as provided in subsection (b). Trustees shall continue to serve on the board after the expiration of the trustee's term until a new trustee is appointed.
5. A quorum of the board shall be seven (7) trustees.
6. Trustees shall receive no compensation for their service on the board, but may be reimbursed for those expenses allowed by the comprehensive travel regulations, as promulgated by the department of finance and administration and approved by the attorney general and reporter.
7. The board shall adopt and implement a policy related to conflicts of interest, to ensure that all trustees avoid any situation that creates an actual or perceived conflict of interest related to the work of the trust fund.
8. The board shall submit an annual report to the governor, speaker of the house of representatives, speaker of the senate, comptroller of the treasury, chair of the energy, agriculture and natural resources committee of the senate, chair of the agriculture and natural resources committee of the house of representatives, chair of the government operations committee of the senate, and chair of the government operations committee of the house of representatives, by June 30 of each year. Such report shall include detailed information on the operation and financial status of the trust fund and any nonprofit entity created pursuant to § 11-7-103(f).
9. The trust fund and any nonprofit entity created pursuant to § 11-7-103(f) shall be subject to an annual audit by the comptroller of the treasury, and the trust fund or entity shall bear the full costs of this audit.
10. Operating expenses of the board and its staff shall be paid from the fund.

Acts 2005, ch. 444, § 2; 2012, ch. 604, § 13; 2013, ch. 236, § 9.

Compiler's Notes. The Tennessee heritage conservation trust fund board of trustees, created by this section, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

11-7-105. Authority of board.

In carrying out the purposes of the trust fund, the board is authorized to do the following:

1. Acquire for the state, by purchase or by donation, and convey, sell, exchange, lease or otherwise transfer any interest in real property; the board, however, does not have the power of eminent domain;
2. Make grants or loans to state, federal or local governments and to nonprofit organizations, in order to carry out the purposes of this chapter, including, but not limited to, grants or loans provided to acquire a fee simple or other interest in real property;
3. Enter into contracts and cooperative agreements, other than grants or loans pursuant to subdivision (2), with state, federal and local governments, with private individuals and corporations, and with associations and organizations, as the trust fund may deem necessary or convenient for the fund to carry out the purposes of this chapter;
4. Adopt, amend and repeal bylaws;
5. Adopt policies and guidelines for the use of the trust fund, including the procedure for identifying projects, establishing conservation priorities and allocating money from the trust fund;
6. Make such studies and recommendations concerning the conservation programs and policies of the department of environment and conservation as it may deem appropriate to a sound conservation program; and
7. Take any other necessary actions to carry out this chapter.

Acts 2005, ch. 444, § 2; 2012, ch. 986, § 24.

Compiler's Notes. Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

11-7-106. Loans and grants — Repayment — Proceeds — Application requirements — Financial statements of applicant — Terms of agreements with board.

1. The board shall make grants or loans pursuant to § 11-7-105, only after the recipient entity has entered into an agreement with the trust fund, on the terms and conditions specified by the board. After approving a grant or loan, the board may assist the grantee in carrying out the purposes of the grant.
2. When awarding grants or making loans pursuant to this section, the board may require repayment of those funds on the terms and conditions the board deems appropriate. Proceeds from the repayment or reimbursement of amounts granted or loaned by the board shall be deposited in the fund.
3. Any entity applying for a grant or loan from the trust fund to acquire an interest in real property shall specify the following in the grant or loan application:
   1. The intended use of the property;
   2. The intended ultimate owner of the property;
   3. The entity that will be responsible for managing the property;
   4. The funding source for the cost of ongoing management; and
   5. Any other information required by the board.
4. Any entity applying for a grant or loan from the trust fund to acquire an interest in real property shall provide a copy of the organization's most recent audited annual financial statements. Such statements must have been prepared within two (2) years of the date of the grant application.
5. In order to receive a grant from the trust fund to assist in the acquisition of any interest in real property, a public agency or nonprofit organization must enter into an agreement with the board. The terms of such agreement shall include the following:
   1. The terms under which the interest in real property is ultimately acquired shall be subject to the board's approval;
   2. The interest in real property acquired under the grant shall not be used as security for a debt, unless the board approves the transaction;
   3. The board shall take appropriate action to protect the public interest in the acquisition, by ensuring that the land will be permanently conserved. In meeting this obligation, the board shall employ appropriate means, including, but not limited to, the acquisition of conservation easements or reversionary interests;
   4. Any subsequent transfer of an interest in the real property acquired pursuant to this chapter shall be subject to approval of the board, and a new agreement, sufficient to protect the public interest, shall be entered into between the board and the transferee;
   5. A description of the level of use that will be allowed on the property. In awarding grants pursuant to this chapter, the board shall take appropriate action to ensure the preservation of a public benefit that is consistent with the public interest in the acquisition;
   6. A requirement that the public agency or nonprofit organization provide to the state an independent appraisal of the fair market value of the interest in real property to be acquired; and
   7. A requirement that the public agency or nonprofit organization provide to the state a copy of a financial audit of the agency or organization that has been prepared by an independent public accountant for the most recent completed fiscal year. In addition, the agency or organization shall be required to provide the state with such an audit for subsequent fiscal years during the term of the grant agreement.

Acts 2005, ch. 444, § 2.

11-7-107. Acquisitions and disposals of interests in real property.

Acquisitions and disposals of any interest in real property, other than the acquisition of conservation easements and reversionary interests, acquired for the state by the trust fund, or the nonprofit organization created under § 11-7-103(f), shall be subject to the requirements of § 4-15-102(d) and § 12-2-112. Notwithstanding any other law to the contrary, the acquisition of conservation easements and reversionary interests by the trust fund and the acquisition of any interest in real property by a non-state public agency, or a nonprofit organization using grant funds received from the trust fund, shall only require that such real property interest be promptly reported to the state building commission, and shall not be subject to § 4-15-102(d) or § 12-2-112, or any other approval otherwise required by state law.

Acts 2005, ch. 444, § 2.

11-7-108. Exemption from taxes.

Real property in which the trust fund acquires a fee simple interest for the state shall be exempt from all state and local property taxes.

Acts 2005, ch. 444, § 2.

11-7-109. Conservation compensation fund — Determination of tax ramifications — Reimbursement for lost taxes.

1. There is hereby created a special agency account in the state general fund to be known as the conservation compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this chapter. Funds deposited in such fund shall not revert at the end of any fiscal year, and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund.
2. On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt through acquisition by the state pursuant to this chapter during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of each such parcel of property, and on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition by the state, pursuant to this chapter, of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined, from funds available in the conservation compensation fund. In any year in which funds available in the conservation compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the Tennessee heritage conservation trust fund to the conservation compensation fund, in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the Tennessee heritage conservation trust fund to the conservation compensation fund, along with interest, if any, accruing on such funds after their transfer to the conservation compensation fund, shall be expended to reimburse affected cities and counties only for lands acquired by the state under this chapter.

Acts 2005, ch. 444, § 2; 2020, ch. 795, § 1.

Amendments. The 2020 amendment, in (b), in the first sentence, substituted “general services” for “finance and administration” and inserted “during the prior fiscal year”, and at the end of the second sentence, substituted “fiscal year” for “calendar year”.

Effective Dates. Acts 2020, ch. 795, § 3. July 15, 2020.

11-7-110. Executive director.

1. In carrying out the purposes of the trust fund, the commissioner of environment and conservation is authorized to appoint an executive director to carry out this chapter.
2. The commissioner of environment and conservation shall set the salary for the executive director.
3. The executive director may hire other staff necessary to carry out this chapter.

Acts 2012, ch. 986, § 25.

Compiler's Notes. Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

11-8-101. Short title.

This chapter shall be known and may be cited as the “Ocoee River Recreation and Economic Development Fund Act.”

Acts 2017, ch. 434, § 1.

Code Commission Notes.

Acts 2017, ch. 434, § 1 enacted a new chapter 26, §§ 11-26-101 — 11-26-108,  but the chapter has been redesignated as chapter 8, §§ 11-8-101 — 11-8-108 by authority of the Code Commission.

Compiler's Notes. For the Preamble to the act concerning the encouragement of economic growth and to support recreational releases on the Ocoee River, please refer to Acts 2017, ch. 434.

11-8-102. Chapter definitions.

As used in this chapter, unless the context requires otherwise:

1. “Board” means the Ocoee River recreation and economic development fund board created pursuant to § 11-8-104;
2. “Commissioner” means the commissioner of environment and conservation or the commissioner's designee;
3. “Department” means the department of environment and conservation;
4. “Development fund” means the Ocoee River recreation and economic development fund;
5. “Nonprofit organization” means an entity that is exempt from federal income taxation pursuant to § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)), as it may be amended;
6. “Ocoee River management zone” means the area of land managed by the department in accordance with agreements with the Tennessee Valley authority and U.S. forest service;
7. “Ocoee River recreation fee” means the fee deposited in the development fund pursuant to the issuance of a permit as authorized in § 11-8-107(a); and
8. “Rafting season” means the time period within a calendar year commencing on the date of the first release of water from the Ocoee River dams for recreational purposes by the Tennessee Valley authority and concluding on the date of the last release of water from such dams for recreational purposes.

Acts 2017, ch. 434, § 1.

Code Commission Notes.

Acts 2017, ch. 434, § 1 enacted a new chapter 26, §§ 11-26-101 — 11-26-108,  but the chapter has been redesignated as chapter 8, §§ 11-8-101 — 11-8-108 by authority of the Code Commission.

Compiler's Notes. For the Preamble to the act concerning the encouragement of economic growth and to support recreational releases on the Ocoee River, please refer to Acts 2017, ch. 434.

11-8-103. Ocoee River recreation and economic development fund — Purpose of chapter.

1. The Ocoee River recreation and economic development fund is established as a special agency account in the general fund.
2. The purpose of this chapter is to support recreational water releases on the Ocoee River, to provide for management of the Ocoee River management zone by Tennessee State Parks, and to encourage the economic growth of the Ocoee River.
3. All revenue collected from the Ocoee River recreation fee, pursuant to § 11-8-107, shall be deposited into the development fund.
4. The development fund shall be available to the commissioner for expenditures for the following purposes:
   1. All costs incurred by the department associated with management of the Ocoee River management zone; and
   2. Expenses of the board and the department associated with administration of the development fund.
5. Subject to availability of sufficient moneys in the development fund beyond those needed for expenditures for the purposes stated in subsection (d), the commissioner and the board may use the development fund for expenditures for the following purposes:
   1. Infrastructure upgrades to the Ocoee River management zone;
   2. Tourism promotion and economic development activities that benefit the Ocoee River management zone; and
   3. Other reasonable expenses as determined by the commissioner or the board to be necessary to carry out the intent of this chapter.
6. The development fund may accept funds from any public or private entity and may solicit private grants or donations.
7. Moneys from the development fund shall not be transferred or otherwise revert to the general fund.
8. The state treasurer shall invest moneys in the development fund, in accordance with § 9-4-603, except as qualified by this chapter. The state treasurer shall hold the development fund separate and apart from all other moneys, funds, and accounts.
9. Any balance remaining unexpended at the end of a fiscal year in the development fund shall be carried forward into the subsequent fiscal year.
10. Investment earnings credited to the assets of the development fund, including, but not limited to, interest, shall be carried forward into the subsequent fiscal year.
11. Moneys received by a nonprofit entity created pursuant to § 11-8-105(a)(3), shall be expended only in accordance with, and for the purposes stated in, this chapter.

Acts 2017, ch. 434, § 1; 2018, ch. 753, § 1.

Code Commission Notes.

Acts 2017, ch. 434, § 1 enacted a new chapter 26, §§ 11-26-101 — 11-26-108,  but the chapter has been redesignated as chapter 8, §§ 11-8-101 — 11-8-108 by authority of the Code Commission.

Compiler's Notes. For the Preamble to the act concerning the encouragement of economic growth and to support recreational releases on the Ocoee River, please refer to Acts 2017, ch. 434.

11-8-104. Ocoee River recreation and economic development fund board.

1. On July 1, 2018, there is established the Ocoee River recreation and economic development fund board. The board shall be attached to the department of environment and conservation for administrative purposes, but shall be independent of the department.
2. 1. The board shall consist of nine (9) voting members as follows:
      1. The manager of the Hiwassee/Ocoee Scenic River State Park;
      2. The comptroller of the treasury, or the comptroller's designee;
      3. The state treasurer, or the treasurer's designee;
      4. The Polk County mayor;
      5. One (1) member, appointed by the governor, who represents economic development interests;
      6. One (1) member, appointed by the governor, who represents private boater interests; and
      7. Three (3) members, appointed by the governor, who are Ocoee River management zone commercial permit holders.
   2. The following shall serve as ex officio, nonvoting members of the board:
      1. The commissioner of environment and conservation, or the commissioner's designee;
      2. The commissioner of tourism, or the commissioner's designee;
      3. The commissioner of economic and community development, or the commissioner's designee;
      4. The executive director of the wildlife resources agency, or the executive director's designee;
      5. The member of the house of representatives whose legislative district includes the majority of the Ocoee River management zone; and
      6. The member of the senate whose legislative district includes the majority of the Ocoee River management zone.
3. Appointed board members shall serve four-year, renewable terms. In order that the members of the board serve staggered terms, the initial appointments to the board shall consist of:
   1. One (1) commercial permit holder member to serve a term of two (2) years;
   2. One (1) commercial permit holder member and one (1) private boater member to serve a term of three (3) years; and
   3. One (1) commercial permit holder member and one (1) economic development member to serve a term of four (4) years.
4. The initial members of the board shall be appointed by June 15, 2018, and take office on July 1, 2018. All subsequent appointments shall be made by June 15, begin on July 1, and expire on June 30 of the appropriate years.
5. Should a board position become vacant through resignation, removal, or other cause, the governor shall appoint a new member to serve the unexpired term. A board member shall continue to serve on the board after the expiration of the member's term until a new member is appointed.
6. Seven (7) members of the board shall constitute a quorum for the purpose of conducting business.
7. Board members shall receive no compensation for their service on the board, but may be reimbursed for those expenses allowed by the comprehensive travel regulations, as promulgated by the department of finance and administration and approved by the attorney general and reporter.

Acts 2017, ch. 434, § 1; 2018, ch. 753, § 2.

Code Commission Notes.

Acts 2017, ch. 434, § 1 enacted a new chapter 26, §§ 11-26-101 — 11-26-108,  but the chapter has been redesignated as chapter 8, §§ 11-8-101 — 11-8-108 by authority of the Code Commission.

Compiler's Notes. The Ocoee River recreation and economic development fund board created by this section terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

For the Preamble to the act concerning the encouragement of economic growth and to support recreational releases on the Ocoee River, please refer to Acts 2017, ch. 434.

11-8-105. Authority of board — Meetings — Bylaws — Conflicts of interest policy — Annual report — Audit of nonprofit entity.

1. The board is authorized to:
   1. Apply for and receive grants and matching funds to carry out the purposes of this chapter;
   2. Request and receive gifts, contributions, bequests, and donations from public and private sources to effectuate its purpose. Any such funds received shall be deposited into the development fund; provided, that, if any such gifts, contributions, bequests, and donations are not in the form of funds, any income, rents, or proceeds generated from the items received shall be deposited into the development fund;
   3. Create or establish a nonprofit organization, which shall also be eligible to request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source to effectuate the development fund's purpose;
   4. Enter into contracts and cooperative agreements with state, federal, and local governments, with private individuals and corporations, and with associations and organizations, as the board may deem necessary to carry out the purposes of this chapter;
   5. Adopt policies and guidelines for the use of the development fund;
   6. Make such studies and recommendations to the department concerning the Ocoee River management zone; and
   7. Take any other necessary actions to carry out this chapter.
2. The board shall meet not less than twice a year.
3. The board shall adopt bylaws. The board chairperson and other officers shall be selected as provided in the bylaws.
4. The board shall adopt and implement a policy related to conflicts of interest, to ensure that all board members avoid any situation that creates an actual or perceived conflict of interest related to the work of the development fund board.
5. The board shall submit an annual report to the governor, speaker of the house of representatives, speaker of the senate, the chair of the energy, agriculture and natural resources committee of the senate, and the chair of the agriculture and natural resources committee of the house of representatives by June 30 of each year. The report shall include detailed information on the operation and financial status of the development fund and any nonprofit entity created pursuant to subdivision (a)(3).
6. Any nonprofit entity created pursuant to subdivision (a)(3) shall be subject to an annual audit by the comptroller of the treasury, and the entity shall bear the full costs of the audit.

Acts 2017, ch. 434, § 1.

Code Commission Notes.

Acts 2017, ch. 434, § 1 enacted a new chapter 26, §§ 11-26-101 — 11-26-108,  but the chapter has been redesignated as chapter 8, §§ 11-8-101 — 11-8-108 by authority of the Code Commission.

Compiler's Notes. For the Preamble to the act concerning the encouragement of economic growth and to support recreational releases on the Ocoee River, please refer to Acts 2017, ch. 434.

11-8-106. Reimbursement of management costs incurred by county.

Any county that incurs costs for the management of the Ocoee River management zone shall submit a financial statement and justification for costs incurred to the board. The board shall reimburse such counties for all costs determined by the board to be reasonable.

Acts 2017, ch. 434, § 1.

Compiler's Notes. For the Preamble to the act concerning the encouragement of economic growth and to support recreational releases on the Ocoee River, please refer to Acts 2017, ch. 434.

11-8-107. Permits for commercial operation — Recreation fee — Promulgation of rules.

1. Beginning in the 2019 rafting season, and continuing for each subsequent rafting season, the commissioner is authorized to issue permits to commercial operations conducting business within the Ocoee River management zone.
2. The commissioner is authorized to levy and collect the Ocoee River recreation fee, which shall be ten percent (10%) of the annual gross revenue generated by commercial activities occurring within the Ocoee River management zone. Revenue generated from the fee shall be deposited in the development fund pursuant to the issuance of a permit as authorized in subsection (a).
3. The commissioner shall have the authority to revoke the permit of any commercial operations conducting business within the Ocoee River management zone for failure to comply with the rules promulgated by the commissioner pursuant to this chapter. Revocation of permits shall be carried out in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
4. The commissioner is authorized to promulgate rules to effectuate the purposes of this chapter. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.

Acts 2017, ch. 434, § 1.

Code Commission Notes.

Acts 2017, ch. 434, § 1 enacted a new chapter 26, §§ 11-26-101 — 11-26-108,  but the chapter has been redesignated as chapter 8, §§ 11-8-101 — 11-8-108 by authority of the Code Commission.

Compiler's Notes. For the Preamble to the act concerning the encouragement of economic growth and to support recreational releases on the Ocoee River, please refer to Acts 2017, ch. 434.

11-8-108. Appropriations for fiscal year 2017-2018.

Any appropriations made in the general appropriations act for fiscal year 2017-2018 and allocated to the development fund shall be held in the fund until all contracts and memorandums of understanding have been entered into by state, federal, and private entities to ensure the continued release of water for recreational purposes on the Ocoee River beyond the year 2018.

Acts 2017, ch. 434, § 1.

Code Commission Notes.

Acts 2017, ch. 434, § 1 enacted a new chapter 26, §§ 11-26-101 — 11-26-108,  but the chapter has been redesignated as chapter 8, §§ 11-8-101 — 11-8-108 by authority of the Code Commission.

Compiler's Notes. For the Preamble to the act concerning the encouragement of economic growth and to support recreational releases on the Ocoee River, please refer to Acts 2017, ch. 434.

Part 1
Parks and Recreation Areas

11-10-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Charge” means the amount of money asked in return for an invitation to enter or go upon the land;
2. “Conservation easement” means a conservation easement as defined in § 66-9-303;
3. “Land” includes, but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty;
4. “Owner” includes, but is not limited to, tenant, lessee, occupant or person in control of the premises;
5. “Public use easement” means a public use easement as defined in § 11-13-102; and
6. “Recreational purposes” includes, but is not limited to, any one (1) or any combination of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites, or otherwise using land for purposes of the user.

Acts 1967, ch. 246, § 3; T.C.A., § 11-1301; Acts 1982, ch. 554, § 1.

Cross-References. “Landowner” defined, § 70-7-101.

Liability of landowner to persons using land, title 70, ch. 7.

Law Reviews.

Tort — Premises Liability — Worsham v. Pilot Oil Corp.: Imputing Constructive Notice to the Proprietor of a Self-Service Establishment in Tennessee, 19 Mem. St. U.L. Rev. 109 (1989).

11-10-102. Land leased to political entity for recreational purposes — Duty of care — Warnings.

1. Unless otherwise agreed in writing, an owner of land leased to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
2. An owner who leases land to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, shall not by giving such lease:
   1. Extend any assurance to any person using the land that the premises are safe for any purpose;
   2. Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or
   3. Assume responsibility for or incur liability for any injury to a person or property caused by an act or omission of a person who enters upon the leased land.
3. This section applies whether the person entering upon the leased land is an invitee, licensee, trespasser or otherwise.

Acts 1967, ch. 246, § 1; T.C.A., § 11-1302.

11-10-103. Land subject to conservation or public use easement — Duty of care — Warnings.

1. An owner of any land, which is subject to a conservation easement or public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
2. An owner of land which is subject to an easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:
   1. Warrant by implication that the real property included in the easement is safe for any purpose;
   2. Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or
   3. Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.
3. This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise.

Acts 1982, ch. 554, § 2.

Compiler's Notes. Provisions concerning conditions under which liability of the lessee is unaffected, formerly compiled in this section, were transferred to § 11-10-104.

11-10-104. Certain existing liabilities unaffected.

1. Nothing in this chapter shall be construed as limiting in any way any liability which otherwise exists:
   1. For willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity; or
   2. For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state or any agency thereof, or any county or municipality or agency thereof.
2. Nothing in this chapter shall be deemed to create a duty of care or ground of liability for injury to person or property, and nothing in this chapter shall limit in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in such person's use of such land and in such person's activities thereon.

Acts 1967, ch. 246, § 2; T.C.A., §§ 11-1303, 11-10-103.

11-10-105. Conservation easements — No duty of care — Applicability.

1. An owner of any land, which is subject to a conservation easement, whether such easement contains or does not contain a public use clause granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of any land, which is subject to a public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
2. An owner of land which is subject to a conservation easement, whether such easement contains or does not contain a public use clause, granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of land which is subject to a public use easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:
   1. Warrant by implication that the real property included in the easement is safe for any purpose;
   2. Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or
   3. Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.
3. This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise.

Acts 1988, ch. 965, §§ 1, 2; 1990, ch. 781, § 1.

Part 1.
Tennessee Trails System Act.

Part 1
Hiking-Bicycle Trails

11-13-101. Title — Legislative intent.

1. This chapter shall be known by the title “The Tennessee Scenic Rivers Act of 1968.”
2. The general assembly finds that certain rivers of Tennessee possess outstanding scenic, recreational, geological, fish and wildlife, botanical, historical, archaeological and other scientific and cultural values of great present and future benefit to the people. The general assembly further finds that the policy that has resulted in dam and other construction on many of the rivers of Tennessee needs to be complemented by a policy that would preserve other valuable selected rivers or sections thereof in their free-flowing natural or scenic condition and protect their water quality and adjacent lands. It is the policy of the general assembly to preserve and, if necessary, reclaim for the benefit of the people selected parts of Tennessee's diminishing resources of free-flowing rivers. It is the policy of the general assembly to maintain a proper balance between reservoirs and free-flowing rivers, to provide, thereby, a desirable variety of scenic, recreational, scientific and other values. It is the policy of the general assembly to preserve, within the scenic river system itself, several different types and examples of river areas, including the mountain streams and deep gorges of east Tennessee, the pastoral rivers of middle Tennessee and the swamp and wildfowl rivers of west Tennessee. For aesthetic as well as ecological and other scientific reasons, priority and especial emphasis shall be given to the preservation of natural, unspoiled, undeveloped river areas. Few of these are left in the eastern United States and the general assembly feels a strong obligation to the American people to protect the remarkably beautiful ones in Tennessee. The general assembly affirms that it must not deny the people of this generation and their descendants the opportunity to refresh their spirits with the infinite beauties of the unspoiled stream. To implement these policies, it is the purpose of this chapter to establish a state scenic rivers system by designating certain scenic river areas for immediate inclusion in the system and by prescribing the procedures and criteria for protecting and administering the system and for adding new components to it. It is not the intent of this chapter to require or to authorize acquisition of all lands within the exterior boundaries of scenic river areas but to assure preservation of the scenic, ecological and other values, and to provide proper management of the recreational, wildlife and other land and water resources. It is the intention of the general assembly that in all planning for the use and development of water and related land resources, consideration shall be given by all local, state and federal agencies involved to potential scenic river areas, and all river basin and project plan reports should discuss any such potential.

Acts 1968, ch. 540, §§ 1, 2; T.C.A., § 11-1401.

Attorney General Opinions. Classification of river including only one bank as boundary, OAG 99-066, 1999 Tenn. AG LEXIS 66 (3/16/99).

The Scenic Rivers Act does not expressly prohibit the permitting of a dam outside the designated segment of a Class I natural river, OAG 01-052, 2001 Tenn. AG LEXIS 44 (4/2/01).

11-13-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Conservation easement” means a conservation easement as defined in § 66-9-303. No conservation easement obtained pursuant to this chapter shall grant a right of physical access to the public;
2. “Free flowing” means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the state scenic rivers system;
3. “Public access area” means an area adjoining the river acquired by the state in fee simple;
4. “Public use easement” means a perpetual right in land of less than fee simple which:
   1. Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river;
   2. Is restricted to the area defined in the easement deed; and
   3. Grants a right of public use but prohibits camping;
5. “River” means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes; and
6. “Road” means highway, hard-surface road, improved and unimproved dirt road. The existence, however, of unimproved roads at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction.

Acts 1968, ch. 540, § 3; 1972, ch. 686, § 1; T.C.A., § 11-1402; Acts 1981, ch. 361, § 11.

Compiler's Notes. Acts 1981, ch. 361, which amended this section, provided in § 14 of the act that the provisions of the act shall not affect any easement entered into prior to July 1, 1981, nor any rights, privileges or duties pursuant to such easements. See also § 66-9-309.

11-13-103. Classes of rivers includable in system.

The following types of rivers are eligible for inclusion in the state scenic rivers system in which they will be administered in general accord with the criteria hereinafter set forth:

Classes of Scenic River Areas

Class I Natural river areas

Class II Pastoral river areas

Class III Partially developed river areas (1) Class I Natural River Areas

Those free-flowing rivers or sections of rivers with shorelines and scenic vistas unchanged, or essentially unchanged, by man, with no extensive paralleling roads closer than one (1) mile (except in river gorges where there must be no extensive paralleling roads within the gorge or within one-quarter (¼) mile back from the gorge rim), and with only a limited number of crossing roads or spur roads existing at the time of designation as a state scenic river. Additional access would be limited to trails. Waters would be kept unpolluted. Lands adjacent to these rivers that are not already in state or other public ownership should be protected by acquisition of fee title or by conservation easements to the full extent necessary to preserve a true natural environment. These river areas should be managed in accordance with the concepts embodied in the national Wilderness Act, 78 Stat. 890 (16 U.S.C. § 1131 et seq.), and would represent samples of natural America saved unspoiled for this and future generations to enjoy as precious pieces of our natural heritage. (2) Class II Pastoral River Areas

Those free-flowing rivers or sections of rivers the lands adjacent to which are partially or predominantly used for agriculture and other dispersed human activities which do not substantially interfere with public use and enjoyment of the rivers and their shores. Waters would be kept unpolluted. Lands adjacent to any such river would remain primarily in the type of use existing at the time of designation as a state scenic river or else be allowed to revert to natural conditions. Scenic values should be preserved by acquisition of conservation easements, zoning and similar means, and by acquisition of fee title of areas set aside for access, camping and recreation. Acquisition of fee title or other areas would not be precluded, particularly where the cost of alternative methods of land use control is comparable to the cost of acquiring the fee with lease-back or other similar arrangements. (3) Class III Partially Developed River Areas

Those rivers or sections of rivers in areas affected by the works of man, but which still possess actual or potential scenic values. Included would be rivers with some housing or other building developments near their shorelines, rivers with parallel roads or railroads, rivers with some impoundments, and rivers polluted, for example, by strip-mine runoff. These rivers would be managed to prevent further loss of scenic values, to improve the scenic aspects of their surroundings, and to restore the quality of their waters. A polluted river section in an otherwise natural area could be improved to the point where it would be upgraded to Class I. Lands adjacent to any such river, and the use thereof, should be subject to public control by zoning, tax incentives, acquisition of easements or fee title and other means sufficient to realize the purposes for which such river is designated a state scenic river.

Acts 1968, ch. 540, § 4; T.C.A., § 11-1403.

Attorney General Opinions. Class II designation precluded where river not free flowing, OAG 99-066, 1999 Tenn. AG LEXIS 66 (3/16/99).

11-13-104. Rivers initially included in system.

The rivers or segments of rivers to be initially included in this system, being classified by the above-stated criteria, are as follows:

Class I Natural River Areas

Blackburn Fork — That segment of the stream from the county road at Cummings Mill downstream one and one-half (1½) miles.

Conasauga River — The entire segment of the river in Polk County, upstream from the Highway 411 bridge.

Duskin Creek — That continuous segment of Duskin Creek from its confluence with Newby Branch in Rhea County downstream to its confluence with Piney River in Rhea County.

Hatchie River as a swamp river.

Little Piney Creek — That continuous segment of Little Piney Creek entirely within Piney Falls State Natural Area in Rhea County downstream to its confluence with Soak Creek in Rhea County.

Piney River — That continuous segment of Piney River, in Rhea County from its confluence with Moccasin Creek downstream to its confluence with RockHouse Branch.

Roaring River — That segment from State Route 136 downstream two (2) miles.

Spring Creek — That segment from Waterloo Mill downstream to the Overton-Jackson county line.

Class II Pastoral River Areas

Blackburn Fork — That segment downstream from a point one and one-half (1½) miles downstream from the county road at Cummings Mill to its confluence with Roaring River.

Buffalo River — The entire river, except that portion which lies within Wayne, Perry, Humphreys and Lewis counties.

Collins River — That segment which lies within the Savage Gulf natural-scientific area.

Duck River — That segment of the Duck River beginning at Iron Bridge Road at river mile 136.4 extending continuously to a point upstream to the boundary of Marshall County at river mile 173.7.

Harpeth River — The entire river except that segment lying north of Highway 100 and south of Interstate 40 in Davidson County; and except those segments located in Cheatham, Dickson and Williamson counties.

Roaring River — That segment downstream from a point two (2) miles downstream from State Route 136, to its confluence with the Cordell Hull Lake.

Spring Creek — That segment between State Highway 136 and Waterloo Mill, and that segment downstream from the Overton-Jackson county line to its confluence with Roaring River.

Class III Developed River Areas

French Broad River — That segment from the North Carolina state line to its confluence with Douglas Lake.

Harpeth River — Only that segment of the Harpeth River lying north of Highway 100 and south of Interstate 40; it being the specific intent to exclude all segments of the Harpeth River lying in or flowing though Cheatham, Dickson and Williamson counties.

Tuckahoe Creek

Hiwassee River — That portion from the Highway 411 bridge to the North Carolina line.

Clinch River — That portion from Melton Hill Dam upstream to Pellissippi Parkway.

Soak Creek — That segment of Soak Creek beginning in Bledsoe County at its confluence with Georgia Branch continuing to a point downstream to its confluence with the Piney River in Rhea County.

Acts 1968, ch. 540, § 5; 1969, ch. 31, § 1; 1969, ch. 110, § 1; 1970, ch. 437, § 2; 1972, ch. 536, §§ 1, 2; T.C.A., § 11-1404; Acts 1984, ch. 830, § 1; 1996, ch. 1064, § 1; 2001, ch. 232, § 1; 2016, ch. 713, § 1; 2020, ch. 715, § 1.

Compiler's Notes. Acts 1978, ch. 623, § 1 provided that: “The provisions of Title 11, Chapter 14, shall not apply to the construction and maintenance of approach roads to and a bridge over the Hatchie Class I Swamp River as a link in the Great River Road recreation parkway to be located in the vicinity of the Fort Pillow State Historic area by any public agency, corporation or person authorized by law to construct roads and bridges, which construction and maintenance are hereby authorized; provided, however, such construction shall be compatible with the surrounding area to the fullest extent possible. The Department of Transportation is authorized to proceed with location, design and construction plans for such approach roads and bridge and is directed to consult the Department of Conservation (now department of environment and conservation) in determining the exact location and design criteria of the approach roads and bridge and to give consideration to the enhancement of recreational resources in the overall design and location of the bridge and adjacent road.”

Amendments. The 2020 amendment added the descriptions for “Duskin Creek”, “Little Piney Creek” and “Piney River” under the “Class I Natural River Areas” designation.

Effective Dates. Acts 2020, ch. 715, § 2. June 22, 2020.

Attorney General Opinions. Class II designation precluded where river not free flowing, OAG 99-066, 1999 Tenn. AG LEXIS 66 (3/16/99).

11-13-105. Proposals for additions to system.

The commissioner of environment and conservation shall study and from time to time submit to the governor and to the general assembly proposals for the addition to the state scenic rivers system of rivers and sections of rivers which, in the commissioner's judgment, fall within one (1) or more of the categories set out in § 11-13-103. Each proposal shall specify the category of the proposed addition and shall be accompanied by a detailed report on the factors which, in the judgment of the commissioner, make the area a worthy addition to the system. The intention of this requirement is to ensure that such studies will be made; it is not intended to preclude or discourage studies and proposals by other agencies or by citizen groups working independently or with the department.

Acts 1968, ch. 540, § 6; T.C.A., § 11-1405.

11-13-106. Administration of system — Criteria.

1. The scenic river system shall be administered by the department of environment and conservation in cooperation with the wildlife resources agency and according to the policies and criteria set forth in this chapter.
2. The commissioner of environment and conservation is authorized to make and enforce such regulations as are necessary to carry out this chapter as they relate to the scenic values of river areas.
3. In such administration, primary emphasis shall be given to protecting aesthetic, scenic, historic, archaeologic, and scientific features of the area; no buildings for accommodation, administration, or similar purposes shall be constructed, within a scenic river area, within view of the river or its banks, nor shall any automobile parking lots, campgrounds, or similar facilities be located in areas not adequately screened from the river.
4. When publicizing the state's scenic rivers system, the commissioner shall not publicize, and shall omit from any publicity, any Class II or Class III river any part of which flows through a county with a population in excess of four hundred thousand (400,000) according to the United States census of 1970 or any subsequent census.
5. Management plans for protection may differ in intensity within a given class of rivers or within a given river area, based on special attributes of the different localities, but should adhere to the following criteria as closely as possible:
   1. Class I scenic river areas should be managed in a manner which:
      1. Would best maintain and enhance those conditions which are attributed to a wilderness type area, and those criteria embodied in § 11-13-103;
      2. Would allow camping and river access only at designated public access areas acquired in fee; and
      3. Would allow for public use only within prescribed public use easements or public access areas;
   2. Class II scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river and the adjacent lands while at the same time preserving the right of riparian landowners to use the river for customary agricultural and other rural purposes; and
   3. Class III scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, residential, recreational, commercial, and industrial purposes.

Acts 1968, ch. 540, § 7; 1972, ch. 686, § 2; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A., § 11-1406.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

11-13-107. Classification to higher status.

1. Whenever in the judgment of the commissioner of environment and conservation a scenic river area previously administered as Class II or Class III has been sufficiently restored and enhanced in its natural scenic and recreational qualities, the commissioner may recommend to the general assembly that such an area be classified to a higher status (Class II raised to Class I, or Class III raised to a Class II or Class I) and thereafter administered accordingly.
2. No scenic river area shall be managed in a manner that would:
   1. Result in the area falling into a lower class; or
   2. Be detrimental to the highest water quality classification standards determined by federal and/or state agencies.

Acts 1968, ch. 540, § 8; 1972, ch. 686, § 3; T.C.A., § 11-1407.

11-13-108. General rules for establishing boundaries of area — Establishment of Duck River area.

1. The commissioner of environment and conservation may, within two (2) years after a river or segment of river has been made part of the state scenic rivers system, determine generally the boundaries of the scenic river area associated with that river or river segment. If a determination of the boundaries is made, the determination shall be in accordance with the following river classifications:
   1. For a Class I river (the gorge and swamp rivers), the boundary shall be established in such a way that it includes at least the entire scenic vista from the river and its banks. For gorge rivers, the boundaries shall be no more than three thousand feet (3,000') from the center of the river on each side. For swamp rivers, the boundaries shall be no more than one thousand feet (1,000') from the center of the river on each side; and
   2. For Class II or Class III river areas, the boundary shall include the vista from the river and shall be no more than four hundred fifty feet (450') from the usual banks of the river on each side.
2. 1. If the commissioner of environment and conservation determines that the establishment of boundaries on that segment of Duck River established as a scenic river under § 11-13-104 is to be established then the commissioner shall initiate an outreach program to educate property owners and local communities in the area of this river segment about the program and the environmental and economic benefit the establishment of such boundaries provides. The commissioner shall then, using sound discretion and considering all relevant circumstances, establish a perpetual boundary of the scenic river area associated with the river or river segment.
   2. 1. If the proposed boundary of the scenic river area includes private property, then the state shall obtain the notarized consent of the private landowner before establishing the boundary.
      2. The department shall only establish boundaries on this river based upon the consent of the owner of any affected private lands.

Acts 1968, ch. 540, § 9; 1970, ch. 437, § 1; 1976, ch. 462, § 1; T.C.A., § 11-1408; Acts 2001, ch. 232, § 2; 2012, ch. 604, § 14; 2018, ch. 559, § 1.

Attorney General Opinions. Classification of river including only one bank as boundary, OAG 99-066, 1999 Tenn. AG LEXIS 66 (3/16/99).

11-13-109. Acquisition of land.

Within the exterior boundaries of a scenic river area, as established under § 11-13-108, the commissioner of environment and conservation may acquire on behalf of the state of Tennessee lands in fee title, or an interest in land in the form of easements as defined in § 11-13-102. Acquisition of land or of interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise.

Acts 1968, ch. 540, § 10; 1972, ch. 686, § 4; T.C.A., § 11-1409; Acts 1984, ch. 575, § 1.

11-13-110. Daily commercial rafting carrying capacity.

1. Notwithstanding any law, rule or regulation to the contrary, the daily commercial carrying capacity for that section of the Ocoee River between Rogers Branch and Caney Creek in the lower Ocoee River Recreational Area shall be four thousand two hundred and fifty (4,250) commercial customers for the dates on which the commercial usage on such dates during the last season exceeded four thousand two hundred and fifty (4,250) customers. Each date on which the carrying capacity was capped for the last season shall also be capped on the same date for the next season unless the commercial usage on the capped date during the previous season fell below four thousand fifty (4,050) customers.
2. Notwithstanding subsection (a), Hiwassee/Ocoee Scenic River State Park management shall have the authority to increase or decrease the daily commercial carrying capacity at the lower Ocoee River Recreational Area to the extent staffing and infrastructure will allow; provided, that any such decrease will not go below four thousand (4,000) commercial customers.
3. The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2010, ch. 944, § 1.

Compiler's Notes. Former § 11-13-110 (Acts 1968, ch. 540, § 11; 1972, ch. 686, § 5; T.C.A., § 11-1410), concerning power of eminent domain, was repealed by Acts 1984, ch. 735, § 1.

11-13-111. Land uses permitted.

1. Land uses to be allowed within the exterior boundaries of a scenic river area shall depend upon the classification of such an area, as follows:
   1. In Class I scenic river areas, no new roads or buildings shall be constructed, and there shall be no mining. The cutting of timber shall be allowed pursuant to reasonable regulations issued by the commissioner of environment and conservation, which regulations shall be consistent with commonly accepted tree farming practices; and
   2. In Class II and Class III scenic river areas, the continuation of present agricultural practices, such as grazing and the propagation of crops, shall be permitted. The construction of farm-use buildings shall be permitted; provided, that it is found to be compatible with the maintenance of scenic vistas from the stream and its banks. There shall be no mining, commercial timber harvest, or construction of roads paralleling the river within the limits of any conservation easement, public use easement or public access area. Public access through new road construction, as well as landings and other structures related to recreational use of these scenic river areas shall be allowed; provided, that there is no other such access within seven (7) river miles in either direction.
2. 1. No landfill for the disposal of solid or hazardous wastes shall be permitted within two (2) miles from the center of a Class II river on each side nor within two (2) miles of the center of such river on each side in any county which is adjacent to such Class II river, notwithstanding the fact that the river is not designated as a scenic river in such adjacent county, if the river in such adjacent county flows into the county in which such river is designated as a Class II river.
   2. It is the intention of the general assembly by this subsection (b) to protect Class II rivers from possible pollution due to the proximity of landfills for the disposal of solid or hazardous wastes.

Acts 1968, ch. 540, § 12; 1972, ch. 686, § 6; T.C.A., § 11-1411; Acts 1981, ch. 361, § 12; 1990, ch. 1077, § 1.

Compiler's Notes. Acts 1981, ch. 361, which amended this section, provided in § 14 of the act that the provisions of the act shall not affect any easement entered into prior to July 1, 1981, nor any rights, privileges or duties pursuant to such easements. See also § 66-9-309.

Cross-References. No permits for landfill locations violating this section, §§ 68-211-118, 68-212-120, 68-212-223.

11-13-112. Conflict with other laws.

Any component of the state scenic river system that is or shall become a part of any state park, wildlife refuge, or similar area shall be subject to this chapter and the laws under which the other areas may be administered, and in the case of conflict between these laws the more restrictive provisions shall apply.

Acts 1968, ch. 540, § 13; T.C.A., § 11-1412.

11-13-113. Cooperation of other state agencies with commissioner of environment and conservation.

1. All state agencies shall, promptly upon enactment of this chapter, inform the commissioner of environment and conservation of any proceedings, studies, or other activities within their jurisdiction, and regardless of by whom requested, which are now in progress and which affect or may affect any of the rivers specified in § 11-13-104. They shall likewise inform the commissioner of any such proceedings, studies, or other activities which are hereafter commenced or resumed before they are commenced or resumed.
2. Nothing in this chapter shall affect the jurisdiction or responsibilities of other state agencies under other law with respect to fish and wildlife.

Acts 1968, ch. 540, § 14; T.C.A., § 11-1413.

11-13-114. Inclusion within national scenic rivers system.

Nothing in this chapter shall preclude a component of the state scenic rivers system from becoming a part of any national scenic rivers system. The commissioner of environment and conservation is directed to encourage and assist any federal studies for inclusion of Tennessee rivers in a national scenic rivers system. The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of any national scenic rivers system; provided, that such agreements for the administration of water and land uses are not less restrictive than those set forth in this chapter.

Acts 1968, ch. 540, § 15; T.C.A., § 11-1414.

11-13-115. Assistance from other agencies.

The commissioner of environment and conservation may seek financial assistance for the state scenic rivers system from the land and water conservation fund and other federal and local government sources. In the administration and study of the system, and in studies of potential additions to the system, the commissioner may seek technical assistance from the bureau of outdoor recreation and other federal and local government agencies.

Acts 1968, ch. 540, § 16; T.C.A., § 11-1415.

11-13-116. Water pollution control.

The commissioner of environment and conservation shall cooperate with the appropriate federal and state water pollution control agencies and environmental management agencies, including forestry, for the purpose of eliminating or diminishing the pollution of waters within scenic rivers areas; provided, that such cooperation furthers the objectives of preserving natural stream flow and natural ecological conditions.

Acts 1968, ch. 540, § 17; T.C.A., § 11-1416.

11-13-117. Violations — Penalty.

Whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner of environment and conservation may be compelled to comply with or obey the same by injunction, mandamus or other appropriate remedy; provided, that whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner may be punished by a fine of not more than fifty dollars ($50.00) for each day of such violation.

Acts 1968, ch. 540, § 18; T.C.A., § 11-1417.

11-13-118. Registry of riparian lands.

The department shall maintain a registry of riparian lands along those segments of designated scenic rivers specified in § 11-13-104, that are not in state ownership and whose owners have voluntarily agreed to maintain them in a natural state. Such registration shall not be binding nor shall it involve any transfer of property rights. However, owners of riparian lands so registered may at any time voluntarily consent to have such areas included within scenic river boundaries as provided in § 11-13-108. The commissioner may adopt guidelines or regulations for the administration of this voluntary registration program including, but not limited to, the uses that may be made of lands in the registry. Owners of lands in the registry shall be permitted to make public the fact that the area is so listed. If the commissioner finds at any time that the owner has failed to maintain any such lands in a natural state, they shall be removed from the registry.

Acts 2002, ch. 779, § 1.

Part 1
General Provisions

11-15-101. Purpose.

The purpose of this chapter is to authorize and enable public bodies to acquire interests and rights in real property that is adjacent to or has a visual, audible, or atmospheric effect on the state's historic, architectural, archaeological, or cultural resources, or on its natural areas in order to assist in the attainment of the objectives stated in the findings.

Acts 1973, ch. 21, § 1; T.C.A., § 11-1801.

Cross-References. Preservation restrictions, title 66, ch. 9, part 1.

11-15-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “National Register of Historic Places” or “National Register” means that listing of the state's historic, archaeological, architectural, cultural, and environmental resources as nominated by the state liaison officer and which is kept by the national park service, the United States department of the interior, pursuant to the National Historic Preservation Act of 1966, Pub. L. No. 89-665. Such listing is published in the Federal Register on a regular basis;
2. “Public body” means the state, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, and park or recreation authorities;
3. 1. “Scenic easement” means an easement in land which:
      1. Is held for the benefit of the people of Tennessee;
      2. Is specifically enforceable by its holder or beneficiary; and
      3. Limits or obligates the holder of servient estate, the holder's heirs, and assigns with respect to their use and management of the land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the present condition, use, or natural beauty of the land in question or the protection and preservation of historic, architectural, archaeological, or cultural resources, or natural areas affected by the land in question;
   2. “Scenic easement” also means an easement of view over the facade, or restrictions on the use of a structure included in the National Register or Tennessee Register whereby the external appearance of the structure is preserved by the sale, donation, or other surrender by the owner of the easement to a public body either:
      1. In fee simple;
      2. For the owner's life or the life of another; or
      3. For a term of years; and
4. “Tennessee Register of Historic Places” or “Tennessee Register” means that listing of districts, sites, buildings, structures, and objects significant in Tennessee history, architecture, archaeology, and culture kept by the Tennessee historical commission pursuant to title 4, chapter 11, part 2.

Acts 1973, ch. 21, § 2; impl. am. Acts 1975, ch. 143, § 1; 1976, ch. 730, §§ 2, 3; T.C.A., § 11-1802.

Compiler's Notes. The National Historic  Preservation Act, which is referred to in this section, and was previously classified to 66 U.S.C. § 470 et seq., is now mentioned in the following note under 54 USCS § 100101: “Act Oct. 15, 1966, P. L. 89-665, § 1(a), 80 Stat. 915; Dec. 12, 1980, P. L. 96-515, § 101 (a), 94 Stat. 2987, provides: “This Act [former 16 USCS §§ 470 et seq.] may be cited as the ‘National Historic Preservation Act'.”

11-15-103. Acquisition authorized.

In order to carry out the purposes of this chapter, the state of Tennessee, acting through any of its departments, agencies, or institutions, subject, in the case of the state, to the approval of the state building commission or any other public body, may acquire interests in real property in the form of scenic easements. Acquisition of interests in land or in structures (scenic easements) may be by donation, purchase with donated or appropriated funds or otherwise, but not by exercise of the power of eminent domain. However, no interests in land or in structures (scenic easement) may be acquired except to assist in the protection and preservation of those historic, architectural, archaeological or cultural resources listed in the National Register or Tennessee Register or those natural areas that are included among the park or recreational lands administered by the public body. In addition, any public body may designate a scenic easement in any real property in which it has an interest in order to provide protection to and assist in the preservation of such listed and designated resources and areas.

Acts 1973, ch. 21, § 3; 1976, ch. 730, § 4; T.C.A., § 11-1803.

11-15-104. Powers.

A public body has all powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter, to:

1. Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and
2. Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, give such security as may be required and enter into and carry out contracts or agreements in connection with such grants or assistance.

Acts 1973, ch. 21, § 4; T.C.A., § 11-1804.

11-15-105. Tax assessment.

1. When a scenic easement is held by a public body for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the scenic easements.
2. 1. The value of the easement interest held by the public body shall be exempt from property taxation to the same extent as other public property.
   2. If a scenic easement in a structure is held by a public body for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer.

Acts 1973, ch. 21, § 5; 1976, ch. 730, § 5; T.C.A., § 11-1805.

11-15-106. Limitation of application.

1. Sections 11-15-101 — 11-15-106, insofar as they relate to easements or interests in structures, shall only apply to counties having a population of two hundred thousand (200,000) or more according to the 1970 federal census or any subsequent federal census, it being the finding of the general assembly that redevelopment pressures are greater on historic structures in heavily urbanized areas.
2. Sections 11-15-101 — 11-15-106, insofar as they relate to easements or interests in structures, shall apply only to those counties which, by a majority vote of the governing body of the county, choose to come under those provisions. Any incorporated municipality which desires to come under §§ 11-15-101 — 11-15-106, insofar as they relate to easements or interests in structures, may do so separately by a majority vote of its governing body. In that event, however, only the territory within the corporate bounds of the municipality shall be affected by §§ 11-15-101 — 11-15-106 insofar as they relate to easements or interests in structures.

Acts 1976, ch. 730, §§ 6, 7; T.C.A., § 11-1806.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

11-15-107. Open space easements — Donation.

1. Any person owning “open space land” as defined in § 67-5-1004 may donate to the state an open space easement limiting the future use of the land. The commissioner may accept such easement on behalf of the state, imposing such restrictions and limitations on the future use of the land as the commissioner and the owner may agree on and which may further the purposes of this section and §§ 11-14-201, 11-15-108, 67-5-509, 67-5-601, 67-5-602, and 67-5-1001 — 67-5-1009. Before accepting the easement, the commissioner shall consult with the state planning office and the appropriate planning commission having jurisdiction over the land, and the director and the planning commission shall advise the commissioner if the preservation of the land in an open space condition is contrary to the public interest. The advice rendered by such planning commission shall be in accordance with the provisions and recommendations of an officially adopted land use plan or the land use element, as described in § 13-3-301, of an officially adopted plan for physical development. Where no such officially adopted land use plan or land use element of an officially adopted plan exists, such advice shall be rendered in accordance with the principles of sound land use planning and shall be made in the form of an officially adopted policy statement of the planning commission. Where no such planning commission exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such a planning commission otherwise legally exists.
2. The commissioner shall encourage, if appropriate, but shall not require, conditions in the agreement which shall provide for some form of limited public use. Such uses may include, but shall not be limited to, provisions for youth groups, garden clubs, school classes or similar groups to conduct nature studies, hikes, or field trips on the land.
3. When the commissioner accepts such an open space easement, the commissioner shall cause it to be recorded with the register of deeds in the county in which the land is situated, and shall notify the assessors of property for the county or municipality in which the land is situated and it shall be assessed as provided in § 67-5-1009.

Acts 1976, ch. 782, §§ 9, 10; T.C.A., § 11-1807.

Compiler's Notes. The state planning office, referred to in (a), was abolished by Acts 1995, ch. 501, effective June 12, 1995.

Cross-References. Local government planning advisory committee, § 4-3-727.

11-15-108. Cancellation.

1. If the current owner of any land on which an open space easement is in effect wishes to cancel the easement, such owner shall notify the commissioner of the owner's request in writing at least ninety (90) days in advance of the proposed date of cancellation.
2. The commissioner shall cancel the easement on behalf of the state only if all of the following conditions are met:
   1. The easement has been in effect for a period of at least ten (10) years;
   2. The commissioner determines that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement;
   3. The appropriate planning commission having jurisdiction over the land in question adopts a resolution stating that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement;
   4. The commissioner finds that there exists no overriding state concern to maintain such open space; and
   5. The owner has paid to the county and municipality in which the land is situated an amount equal to the difference between the taxes actually paid during the ten (10) preceding years and the taxes computed during the ten (10) preceding years on the basis of fair market value and classification of the land as if the easement had not existed, as provided for in § 67-5-1009.
3. The commissioner, upon determining that all five (5) of the conditions in subsection (b) have been satisfied, shall cancel the easement on behalf of the state and shall duly notify the register of deeds and the assessors of property for the county and municipality in which the land is situated.

Acts 1976, ch. 782, § 11; T.C.A., § 11-1808.

Code Commission Notes.

In subdivision (b)(4), the term “director” was deemed replaced by the term “commissioner” by the code commission in 2006.

11-18-101. United States authorized to acquire land.

The consent of the state of Tennessee is given to the acquisition by the United States, by purchase or otherwise, of such lands within the state as in the opinion of the federal government, the state forester and the governor concurring, may be necessary for the establishment and extension of national forests and parks, and the improvement and development of the Tennessee River basin and the Cove Creek project on the Clinch River and Fort Pillow in Lauderdale County; provided, that the property of no one shall be taken under the power of eminent domain without previous negotiation and that in all such proceedings the United States or its agencies shall, for the purpose of guaranteeing uniformity in such proceedings, follow §§ 29-16-101 — 29-16-122, 29-16-202 and 29-16-203 providing for the taking of private property for works of internal improvement.

Acts 1933, ch. 161, § 1; 1937, ch. 223, § 1; 1943, ch. 150, § 1; C. Supp. 1950, § 5201.2; T.C.A. (orig. ed.), § 11-1001; Acts 2014, ch. 927, § 8.

Compiler's Notes. For condemnation proceedings under the Tennessee Valley authority, see 16 U.S.C. §§ 831q and 831x.

11-18-102. Jurisdiction retained by state — Purpose.

As to all lands acquired by the United States within this state for the purposes mentioned in § 11-18-101 or similar purposes, the state does not, by granting this consent, surrender or cede its legislative, executive and judicial jurisdiction over the same, but grants to the congress of the United States the right to enact such laws and make such rules and regulations as may be necessary to protect its title to and possession of such lands as may be acquired by it for such purposes, it being the intent of this section to establish a uniform consent and cession as to all lands owned or acquired by the United States within this state for the above mentioned and all other federal purposes, except those enumerated in the Constitution of the United States, article 1, § 8, to-wit: lands for the erection of forts, magazines, arsenals, dockyards and other needful buildings.

Acts 1933, ch. 161, § 2; C. Supp. 1950, § 5201.3; T.C.A. (orig. ed.), § 11-1002.

Law Reviews.

Constitutional Law — Elections — Voting Rights of Residents of Federal Enclave Where Polling Places Are on Land Under Exclusive Federal Jurisdiction, 2 Vand. L. Rev. 304.

11-18-103. Civil and criminal jurisdiction retained — Privileges as citizens retained by inhabitants.

The jurisdiction of the state of Tennessee, both civil and criminal, over persons upon the lands acquired for the purposes named in § 11-18-101, or similar purposes, shall not be affected or changed by their permanent acquisition and administration by the United States for such purposes, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the state of Tennessee shall not, by reasons of such acquisition and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the state.

Acts 1933, ch. 161, § 3; C. Supp. 1950, § 5201.4; T.C.A. (orig. ed.), § 11-1003.

11-18-104. Jurisdiction retained over highways and streams.

1. The state of Tennessee and its governmental or political subdivisions shall retain its and their title and ownership in and to and jurisdiction over all highways and thoroughfares over or contiguous to lands so acquired, and to all bridges and ferries forming parts of such highways or over streams affected thereby, together with the right to locate, relocate and reconstruct roads over such lands, and bridges and ferries over such streams as may be necessary to protect and improve the highways of the state and its subdivisions and to promote the free flow of commerce between the different communities of this state inter sese and other states.
2. Federal agencies acquiring lands for public improvement in this state shall have no right to destroy or impair the use of any highway, bridge or ferry, public or private, without first compensating or making satisfactory arrangement with the owner thereof for another facility of equal service and value.

Acts 1933, ch. 161, § 4; 1943, ch. 150, § 2; C. Supp. 1950, § 5201.5; T.C.A. (orig. ed.), § 11-1004.

Cross-References. United States authorized to prohibit the use by commercial vehicles of highways within Great Smoky Mountains National Park, § 11-18-107.

11-18-105. Taxing power reserved by state.

The state of Tennessee reserves the right to tax persons and corporations, their franchises and property on land or lands deeded or conveyed as aforementioned and to tax sales of gasoline and other motor vehicle fuels and oil for use in motor vehicles or other means of transportation or any other privilege, trade or business conducted on such lands, and to tax and control motor vehicles or other means of transportation using any highways constructed by the United States on the lands as a result of its improvements within the state.

Acts 1933, ch. 161, § 5; C. Supp. 1950, § 5201.6; T.C.A. (orig. ed.), § 11-1005.

11-18-106. Chapter applicable to further acquisitions of property — Compliance with conditions to satisfaction of governor and state forester.

Nothing in this chapter shall be construed to affect any rights accrued prior to February 11, 1943, but as to any future acquisitions of property by the United States or any of its agencies, this chapter shall be applicable law and the right of cession of jurisdiction over property in the state shall not become effective until all the conditions hereof are complied with to the satisfaction of the governor and state forester.

Acts 1933, ch. 161, § 7; 1943, ch. 150, § 3; C. Supp. 1950, § 5201.7 (Williams, § 5201.8); T.C.A. (orig. ed.), § 11-1006.

11-18-107. United States authorized to prohibit the use by commercial vehicles of highways within Great Smoky Mountains National Park.

Notwithstanding chapter 57 of the Public Acts of 1951, approved February 23, 1951, and the provisions found in the deed conveying all state highways within the Great Smoky Mountains National Park to the United States, dated June 1, 1951, and recorded in the register's office of Sevier County, on August 6, 1951, in volume 106, page 440; Blount County, on August 25, 1951, in volume 172, page 55; and Cocke County, on October 10, 1951, in volume 71, page 491, the state of Tennessee consents to the United States prohibiting the use by commercial vehicles of U.S. highway 441 and Tennessee highway 73 west of Gatlinburg, within the Great Smoky Mountains National Park when interstate route I-40 is completed from near Newport, to U.S. highway 19 near Waynesville, North Carolina.

Acts 1963, ch. 163, § 1; T.C.A., § 11-1007.

Compiler's Notes. For codification of Acts 1951, ch. 57, see the Session Law Disposition Tables in Volume 13 of the Tennessee Code Annotated.

Cross-References. Great Smoky Mountains Park commission, title 11, ch. 19, part 1.

State jurisdiction retained over highways and streams, § 11-18-104.

11-19-101. Great Smoky Mountains Park commission created — Meetings.

There is hereby created the Great Smoky Mountains Park commission to devote its attention to the problems of that portion of the Great Smoky Mountains National Park which lies within this state and, to that end, shall be required to meet at least once every six (6) months to perform its functions.

Acts 1974, ch. 503, § 1; T.C.A., § 11-1901; Acts 1980, ch. 494, § 1.

Compiler's Notes. Great Smoky Mountain parks commission, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Cross-References. Authority to prohibit use of highways by commercial vehicles, § 11-18-107.

11-19-102. Members — Appointment — Term — Vacancy.

1. The Great Smoky Mountains Park commission shall be composed of five (5) members, one (1) member to be appointed by the governor each year, and each member to serve a five-year term.
2. In order that the members of the commission serve staggered terms, the initial appointments to the commission under this section shall consist of:
   1. One (1) member to serve a term of one (1) year;
   2. One (1) member to serve a term of two (2) years;
   3. One (1) member to serve a term of three (3) years;
   4. One (1) member to serve a term of four (4) years; and
   5. One (1) member to serve a term of five (5) years.
3. Members shall be appointed by June 15 of each year to take office on July 1 of each year.
4. In the event of a vacancy in the office of a member of the commission, the governor shall appoint a new member of the commission to serve out the remainder of the vacating member's term.
5. The commissioner or a designee of the department of environment and conservation and the commissioner or a designee of the department of tourist development shall serve as ex officio members of the commission.

Acts 1974, ch. 503, § 2; T.C.A., § 11-1902; Acts 1980, ch. 494, § 1; 1982, ch. 799, § 3; 2004, ch. 511, § 1.

11-19-103. Functions.

It is the function of the Great Smoky Mountains Park commission to:

1. Have the authority to confer with the national park service, as a representative of the state of Tennessee, with regard to policies of the national park service to be observed in the Great Smoky Mountains National Park;
2. Furnish informational services to the United States congress with reference to the needs of the Great Smoky Mountains National Park including, but not limited to, the end of obtaining financial appropriations for the park;
3. Cooperate with similar commissions in other states adjacent to the Great Smoky Mountains National Park;
4. Urge the reasonable use of trails within the Great Smoky Mountains National Park;
5. Maintain, to as great an extent as possible, the entrances to the Great Smoky Mountains National Park free from commercial advertising and/or businesses; and
6. Take other action, as may be considered desirable, to preserve intact the natural beauty and scenery of the Great Smoky Mountains National Park. This grant of power to the commission shall be construed liberally in favor of the commission taking any action which may be considered by it advantageous to the Great Smoky Mountains National Park.

Acts 1974, ch. 503, § 3; T.C.A., § 11-1903; Acts 1980, ch. 494, § 1.

11-19-104. Annual report.

The Great Smoky Mountains Park commission shall submit an annual report of its activities to the governor and to the general assembly within fifteen (15) days after the convening of each regular legislative session, and special reports at such other times as it may deem appropriate.

Acts 1974, ch. 503, § 4; T.C.A., § 11-1904; Acts 1980, ch. 494, § 1.

11-19-105. Compensation — Expenses.

The members of the Great Smoky Mountains Park commission shall receive no compensation for their services, but shall be entitled to reimbursement for their necessary expenses in carrying out their obligations under this chapter, including, but not limited to, reimbursement for travel expenses in accordance with the official comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.

Acts 1974, ch. 503, § 5; 1976, ch. 806, § 1(53); T.C.A., § 11-1905; Acts 1980, ch. 494, § 1.

11-19-106. Relation to department of environment and conservation.

1. The Great Smoky Mountains park commission shall be administratively attached to the department of environment and conservation, but for all other purposes other than administration shall be considered independent.
2. This section shall be subject to the specific appropriation of funds by the general assembly.

Acts 1989, ch. 116, § 3.

Chapter 21
County Conservation Boards

11-22-101. Lakes — Counties may acquire suitable areas.

The legislative body of any county is authorized to acquire, by gift or purchase, any natural lakes or lands suitable for the construction of lakes, and to hold fee simple title in the name of the county.

Acts 1937, ch. 219, §§ 1, 2; mod. C. Supp. 1950, § 5201.8 (Williams, §§ 5201.9, 5201.10); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 11-801; Acts 2006, ch. 863, § 10.

Compiler's Notes. Acts 2006, ch. 863, § 25, provided that the amendment by that act shall apply only to eminent domain or condemnation proceedings initiated on or after July 1, 2006.

Cross-References. Cooperation for park purposes, § 11-3-104.

Power and use of eminent domain, title 29, ch. 17, part 1.

Law Reviews.

Property Rights vs. Public Use: Analyzing Tennessee's Response to Kelo Eminent Domain Ruling (Scott Griswold), 43 Tenn B.J. 14 (2007).

11-23-101. Counties, municipalities or other political subdivisions authorized to acquire lands for forestry purposes.

Counties, municipalities or other political subdivisions of the state are authorized to acquire by purchase, gift or otherwise lands within the boundaries of the state and to use the same for forestry purposes.

Acts 1941, ch. 105, § 1; C. Supp. 1950, § 630.28 (Williams, § 630.28a); T.C.A. (orig. ed.), § 11-701.

11-23-102. Appropriation or bond issue — Public notice.

The governing body of the county, municipality or other political subdivision of the state may appropriate money or issue bonds pursuant to title 9, chapter 21, for the purchase of lands for the purposes herein provided, to establish forest plantations or for the care and management of forests. Such governing body may undertake such work at regular or special meetings by a majority vote of such body after two (2) weeks' public notice setting forth the fact that such plan is contemplated and that moneys are to be appropriated for such purpose.

Acts 1941, ch. 105, § 2; C. Supp. 1950, § 630.29 (Williams, § 630.25b); T.C.A. (orig. ed.), § 11-702; Acts 1988, ch. 750, § 46.

Cross-References. Expenditures authorized, §§ 11-3-106, 11-4-404.

11-23-103. Rules and provisions for administration and maintenance.

Upon the acquisition of any forests or of lands suitable for such under this chapter, the governing body shall notify the state forester who shall make such rules for the government and proper administration of the same as may be necessary. The governing body shall thereupon publish such rules, declare the uses of the forest in accord with the true intent hereof and make such provisions for its administration, maintenance, protection and development as shall be necessary or expedient.

Acts 1941, ch. 105, § 3; C. Supp. 1950, § 630.30 (Williams, § 630.25c); T.C.A. (orig. ed.), § 11-703.

11-23-104. Operation and maintenance for benefit of inhabitants.

Such governing body has the full power and authority to acquire, maintain, manage and operate such forest for the benefit of the inhabitants of the county, municipality or other political subdivision under such technical supervision as the state forester may prescribe and in accordance with § 11-23-103.

Acts 1941, ch. 105, § 4; C. Supp. 1950, § 630.31 (Williams, § 630.25d); T.C.A. (orig. ed.), § 11-704.

11-23-105. Net income paid into general fund.

The net income from such lands shall be paid into the general fund of such county, municipality or political subdivision and shall be used only upon order of its governing body.

Acts 1941, ch. 105, § 5; C. Supp. 1950, § 630.32 (Williams, § 630.25e); T.C.A. (orig. ed.), § 11-705.

Part 1
General Provisions

11-25-101. Short title.

This chapter shall be known and may be cited as the “Doe Mountain Recreation Authority Act of 2012.”

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

Attorney General Opinions. Authority over Doe Mountain Recreation Authority,  OAG 13-102, 2013 Tenn. AG LEXIS 105 (12/6/13).

11-25-102. Legislative findings — Purpose — Liberal construction.

1. It is hereby found and determined that:
   1. There is an immediate need to conserve Doe Mountain, an iconic eight thousand six hundred (8,600) acre forested mountain presently under threat from economic distress;
   2. It is through conservation of these same Appalachian Mountains, in particular, Doe Mountain, that will give rise to an unparalleled location for family-oriented, multi-use outdoor recreation, job creation, and economic growth;
   3. The conservation of Doe Mountain and the proper development of multi-use recreational opportunities on the mountain requires partnerships between state and local government, the private sector, conservationists, and an engaged local community to preserve the mountain's unique nature and realize its economic potential;
   4. In many instances, effective cooperation between these parties has been hampered by inadequate statutory authority and management expertise. An authority vested with the full range of necessary statutory powers is, therefore, needed to ensure the success of Doe Mountain's conservation and to realize its full economic potential for the citizens of this state; and
   5. Realizing that the economic development potential of newly acquired conservation lands calls for a new mechanism to manage these lands for multi-use outdoor recreation opportunities and to make the public aware of these opportunities, the general assembly, therefore, intends to vest an authority with the powers set forth herein to prepare comprehensive, long-range, site-specific master plans and to ensure compliance with such plans; to conserve the land, waters, and wildlife of Doe Mountain in a manner protective of the resource, including, where applicable, transfer of lands management for natural areas and/or wildlife management areas; and to foster economic development for the people by the development and operation of multi-use, family-oriented outdoor recreation opportunities.
2. It is the purpose of this chapter to address these findings by providing for the establishment of the Doe Mountain Recreation Authority to protect and conserve the natural resources of Doe Mountain through planning, promoting, financing, constructing, managing, and developing multi-use recreational opportunities for public participation and enjoyment that will create jobs and facilitate economic development.
3. This chapter shall be liberally construed in conformity with its purpose.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

Attorney General Opinions. Authority over Doe Mountain Recreation Authority,  OAG 13-102, 2013 Tenn. AG LEXIS 105 (12/6/13).

11-25-103. Creation and establishment of the authority.

There is hereby created and established the “Doe Mountain Recreation Authority,” being a public body corporate and politic.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

Compiler's Notes. The Doe Mountain recreation authority, created by this section, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

11-25-104. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Adventure tourism activities” means outdoor recreational opportunities such as equine and motorized trail riding, rappelling, road biking, rock climbing, hang gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, zip lining and other such activities;
2. “Authority” means the Doe Mountain recreation authority;
3. “Board” means the board of directors of the authority;
4. “Bonds” or “revenue bonds” means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this chapter, or pursuant to any other law, as supplemented by, or in conjunction with, this chapter;
5. “County” means the county in this state in which Doe Mountain is located;
6. “Governing body” means the legislative body of a county as defined in this chapter;
7. “Municipality” means any county, or any incorporated city or town in this state with respect to which the authority may be organized;
8. “Person” means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character;
9. “Project” means any outdoor recreational facility, or any other structure, improvement, or facility constructed, leased, equipped, renovated or acquired for any of the purposes set forth in this chapter, and also includes, but is not limited to, trails, roads, streets, bridges, towers, erosion control facilities, paths, signs, shelters, cabins, and utility services, such as water, sanitary sewer, electricity, gas and natural gas, and telecommunications that are constructed, leased, equipped, renovated or acquired as a supporting system or facility for any of the purposes set forth in this chapter; provided, that such supporting system or facility is dedicated for public use;
10. “Revenues” means all revenues derived from and on account of a project, directly or indirectly, including license or admission fees, payments under a lease or sale contract and repayments under any loan agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of a lessee or contracting party delivered as provided in this chapter, and any revenues pledged by a municipality;
11. “Outdoor recreational facilities” means and includes projects, facilities, improvements, and structures erected for any and all types of recreational pursuits, including, but not limited to, adventure tourism activities, camping, hiking, hunting, fishing, wildlife viewing, or any other outdoor recreational activity that adds to the recreational enrichment and economic development of the community; and
12. “State” means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-105. Filing of charter.

The authority shall file its charter with the secretary of state pursuant to title 48, chapter 51. The charter shall be placed on record in the office of the register of deeds of Johnson County. Upon such recordation of its charter, the authority shall be authorized to function in accordance with its charter and of this chapter.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-106. Board of directors.

1. The authority shall be governed by a board of directors consisting of fifteen (15) members:
   1. The mayor of the county, or the mayor's designee;
   2. The mayor of the largest municipality within the county, or the mayor's designee;
   3. The director of the wildlife resources agency, or the director's designee;
   4. The commissioner of the department of economic and community development, or the commissioner's designee;
   5. The commissioner of environment and conservation, or the commissioner's designee;
   6. The commissioner of tourism development, or the commissioner's designee;
   7. One (1) member, appointed by the county mayor from a list of three (3) submitted by the board of directors of the county's chamber of commerce, who shall serve for a term of two (2) years;
   8. One (1) member, appointed by the county mayor, who shall be a resident of the county, and active in a locally organized conservation or outdoor recreation organization, who shall serve for a term of two (2) years;
   9. One (1) member, appointed by the governor, who shall have a background in conservation, who shall serve for a term of three (3) years;
   10. One (1) member, appointed by the governor, who shall have experience in outdoor recreation planning, marketing, or operations, who shall serve for a term of three (3) years;
   11. One (1) member, elected by majority vote of the governing body of the county, who shall serve for a term of two (2) years;
   12. One (1) member, appointed by the speaker of the senate in consultation with the member of the senate representing the majority of the county's population, who shall serve for a term of two (2) years;
   13. One (1) member, appointed by the speaker of the house of representatives in consultation with the member of the house of representatives representing the majority of the county's population, who shall serve for a term of two (2) years;
   14. One (1) member, appointed by the governor from a list of three (3) names submitted by The Nature Conservancy, who shall serve for a term of three (3) years; and
   15. One (1) member of the public at large, appointed by the governor, who shall be a resident of the county or an adjoining county and not otherwise affiliated with any of the groups identified above, who shall serve for a term of three (3) years.
2. Any board designee or nominee shall be appointed or designated by the filing of a writing, executed by or on behalf of the designator identified in subsection (a), with the secretary-treasurer of the authority and with the secretary of state.
3. Upon completion of its membership, the appointees shall meet and organize, elect a chair, vice chair, and secretary-treasurer, who shall each serve for a term of two (2) years, and set a regular time and place for meetings of the board. The board shall meet no less often than monthly during its first twelve (12) months of operation, and no less often than once every three (3) months thereafter. In the event of a vacancy in the chair, vice chair or secretary-treasurer position, the board shall fill the vacancy by a vote of the majority of the members appointed at the next regularly called meeting of the board.
4. Members of the board shall serve without compensation, except reimbursement for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
5. Each of such officers may be removed at any time by the affirmative vote of a majority of the board of the authority for any of the following reasons:
   1. Three (3) consecutive unexcused absences from meetings of the board;
   2. Refusal to carry out any obligation imposed upon the board member by this chapter, by any other law, or at the direction of the board;
   3. Knowing or willful neglect of the board member's duties; or
   4. Conviction of any felony, or any offense related to a breach of public trust.
6. In the event of a vacancy on the board created by the death, resignation, or removal of a member, the appointing authority that selected the previous member pursuant to this section, shall fill the vacancy by appointment of an interim board member within thirty (30) days of the creation of the vacancy. If the appointing authority does not fill the vacancy within thirty (30) days, the county governing body, upon petition of the board, may by majority vote elect a person to fill the unexpired term until such time as the appointing authority has acted. The election of any such interim board member by the governing body shall not deprive the appointing authority of its powers to make an appointment of a board member upon the completion of the interim board member's term.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-107. Powers of the authority — No permit for solid waste management facility shall be issued.

1. The authority has the following powers necessary for carrying out the purposes set forth in this chapter to:
   1. Adopt a seal;
   2. Sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;
   3. Purchase, hold, sell and convey land and personal property, and execute such contracts as may be deemed necessary or convenient by the board to enable it to properly carry out the purposes for which it is organized;
   4. Conserve the natural resources of real property owned and managed by the authority, including the land, timber, and waters, and the department of conservation and environment for transfers of lands for wildlife management areas and/or natural areas;
   5. Contract for the construction of projects, and other proposed works and improvements;
   6. Contract for professional services and other assistance, including, but not limited to, legal, architectural, engineering, financial, accounting, and human resources professionals, as its board in its sole discretion deems necessary, the cost of such services comprising an obligation of the authority and paid in the same manner as any other expenses of the authority;
   7. Construct any drainage works or improvements; to construct any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct facilities, projects, park areas, and other recreational facilities, and repair, improve and maintain any of such improvements or structures;
   8. Acquire personal property by gift or purchase;
   9. Acquire or sell authority-owned land, or any interest in land, including leasehold interests, by gift, bequest, sale, or purchase. Any sale or disposal of land must have the approval of the state building commission;
   10. Borrow money from time to time and, in evidence of any obligation incurred, issue and, pursuant to § 11-25-115, sell its revenue bonds in accordance with this chapter and the applicable provisions of title 9, chapter 21, in such form and upon such terms as its board of directors may determine, payable out of any revenues of the authority, including grants or contributions or other revenues specifically provided to the authority, for the purpose of financing the cost of any project and refund and refinance, from time to time, bonds so issued and sold, as often as may be deemed to be advantageous by the board of directors;
   11. Cooperate and contract with persons, firms, associations, partnerships and private corporations, and with watershed districts, drainage districts, counties, conservation districts, levee districts, counties, cities, quasi-municipalities, utility districts, and other similar corporations or agencies of the state of Tennessee, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state and federal agencies, including, but not limited to, the department of agriculture, department of environment and conservation, wildlife resources agency, Tennessee Valley authority, or any other federal agency, and to enter into cooperative contracts and agreements with any such districts, corporations or agencies;
   12. Select a residence or home office for the authority, which shall be at a place designated by the board;
   13. Receive contributions or grants from counties, cities and towns, any state or federal agency, or from any other source;
   14. Acquire water rights and distribute or sell water for irrigation or for other purposes, either within or without the boundaries of the authority;
   15. Provide recreational facilities;
   16. Lease authority-owned lands for timbering, or other purposes consistent with the purposes set forth in § 11-25-102(b);
   17. Contract for all materials, supplies, equipment, personnel, and services necessary for the proper administration of the authority;
   18. Publish and maintain a website for any purpose set forth in this chapter;
   19. Expend funds for any purpose set forth in this chapter;
   20. Take such steps as deemed necessary by its board of directors for the promotion and protection of the environment within the boundaries of the authority, and enter into agreements with private nonprofit corporations, the department of environment and conservation, the division of forestry, the wildlife resources agency, or any other federal, state or local agency for that purpose;
   21. Take such steps as deemed necessary for fire prevention, and for this purpose to enter into cooperative agreements with the division of forestry, or any other federal, state or local agency and volunteer fire departments;
   22. Contract for the operation of concessions on or in any of the properties owned, managed, or leased by the authority;
   23. Advertise within and without the state any of the recreational facilities, opportunities, or events, of the authority;
   24. Enter into agreements for payments in lieu of any tax assessment by any city or county;
   25. Make all needful rules, regulations and bylaws for the management and conduct of the affairs of the authority and of the board; and
   26. Establish, charge and collect user fees, which will be used solely to support the operation and maintenance of the authority.
2. None of the powers enumerated in subsection (a) shall be exhausted by use but shall be continuous and perpetual throughout the life of the authority.
3. No permit for any solid waste management facility shall be issued by the commissioner of environment and conservation for any site located on property owned or managed by the authority.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

Attorney General Opinions. Authority over Doe Mountain Recreation Authority,  OAG 13-102, 2013 Tenn. AG LEXIS 105 (12/6/13).

11-25-108. Additional powers and duties — Authority defined as an adventure tourism business.

1. In addition to other powers and duties specified in this chapter, the authority shall:
   1. Establish bylaws and make all rules and regulations not inconsistent with this chapter, deemed expedient for the management of the affairs of the authority;
   2. Set the amount of all fees required by this chapter;
   3. Receive, administer and account for all moneys derived under this chapter, which shall be used to defray expenses incurred in the administration of this chapter;
   4. Keep a public record of its proceedings;
   5. Seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated to effectuate the purposes of this chapter, or to obtain compensation for the breach of any duty owed the authority, provided that jurisdiction and venue are conferred upon the chancery court of the county to hear and determine such a suit, and that no bond shall be required for the prosecution of the suit or for the issuance of an injunction; and
   6. Have other powers and duties that are necessary to effectuate this chapter.
2. For purposes of § 11-11-205 only, the authority shall be defined as an adventure tourism business.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

Attorney General Opinions. Authority over Doe Mountain Recreation Authority,  OAG 13-102, 2013 Tenn. AG LEXIS 105 (12/6/13).

11-25-109. Meetings — Records — Business plans — Governmental immunity.

1. All meetings of the authority’s board, including the organization’s meeting provided for in § 11-25-106(c), shall be open to the public, pursuant to § 8-44-102. Notice and an agenda for such meetings shall be mailed to each board member and published on the authority’s website at least five (5) days prior to the date of the meeting. Special meetings may be held at any time upon waiver of notice of a meeting by all board members, or may be called by the chair or any two (2) board members at any time, upon three (3) days' notice to all board members and published on the authority’s website.
2. A majority of the board members constitutes a quorum for the transaction of business. A majority vote of the board members in attendance at any meeting of the board is sufficient to authorize any act taken pursuant to the powers set forth in this chapter.
3. The board may conduct special or regular meetings by conference call or video conference, provided the electronic nature of the meeting is included in the meeting notice, and opportunity for public participation is provided.
4. All official records of the authority shall be prima facie evidence of all matters required to be kept in the records.
5. Except as otherwise provided by this section, business plans, specifically including, but not limited to, financial statements, pricing, and market strategies, submitted by individuals or entities who have contracted with, or seeking to contract with, the authority to provide services pursuant to the powers set forth in this chapter, shall be treated as confidential and may not be disclosed except by order of a court of competent jurisdiction or by permission of the individual or entity.
6. 1. Members of the authority are officers of the state in carrying out the duties imposed by this chapter, and as such have the full measure of governmental immunity provided by law.
   2. 1. For the purposes of this subsection (f), “members” means directors, officers, employees of the authority, and persons designated by the authority as participants in volunteer programs authorized by the authority.
      2. Such volunteers shall not be eligible for workers' compensation or other benefits from the state, nor shall such staff be members of the Tennessee consolidated retirement system.

Acts 2012, ch. 1106, § 1; 2014, ch. 830, § 2.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

Cross-References. Confidentiality of public records, § 10-7-504.

11-25-110. Initial meeting.

At the initial meeting of the board, the board and The Nature Conservancy shall undertake to develop and publish a written management plan for the authority, which shall be publicly available. The board has the power to employ engineers, surveyors, conservation experts, outdoor recreation experts, management experts, and other professionals necessary for such study, and to have prepared surveys, maps, profiles, plans and descriptions, and such other data as may be necessary. The plan shall consider whether, and to what extent, lands of the authority should be owned and managed as natural areas and/or wildlife management areas by the department of environment and conservation and the wildlife management authority, respectively. The authority may, in consultation with The Nature Conservancy, thereafter biennially review, revise, and republish its management plan.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-111. Contribution of funding, facilities, and equipment — Financing.

1. The governing body of the county, or the governing body of any city or town, adjacent to or in the proximity of any real property owned by the authority, has the right to contribute, out of the general fund or any special fund of such county or city, such amount as such legislative body sees fit, to be used in the preliminary expenses of the authority, or in the maintenance of the authority, or for capital improvements or projects of the authority.
2. For the purpose of aiding and cooperating with the authority, the governing body may assign or loan any of its employees, and may provide necessary office space, equipment, and other facilities, for the use of the authority, as the governing body may approve.
3. In addition to the methods of financing authorized in this chapter, administrative costs of the authority as well as the cost of any general plan, improvement, project, program, or work benefiting the authority or in support of the purposes for which the authority is organized, generally may be financed by any fee, special assessment, or general fund tax revenue appropriated by a public or private act of the general assembly.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-112. No power of eminent domain.

The authority shall not have the power of eminent domain.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-113. Annual audit and reports.

1. The board shall cause an annual audit to be made of the books and records of the authority. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are made in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
2. These audits shall be made by certified public accountants. In the event the board shall fail or refuse to have the audit made, then the comptroller of the treasury may appoint a certified public accountant, or direct the department of audit to make the audit, the cost of such audit to be paid by the authority.
3. The authority shall prepare an annual report of its business affairs and transactions, a copy of which shall be available for public inspection, and filed by January 31 of each year with the comptroller of the treasury, the office of governor, and the speakers of the house of representatives and the senate.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-114. Public instrumentality — Public nonprofit corporation.

1. The authority is hereby declared to be performing a public function and to be a public instrumentality. The acquisition, operating and financing of any project by the authority is declared to be for a public and governmental purpose and a matter of public necessity. Accordingly, the authority and all properties at any time owned by it and the income from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all state, county and municipal taxation. For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.
2. The authority shall be a public nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any person.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-115. Bonds.

1. The authority shall have power and is authorized to issue its bonds in accordance with this chapter and in accordance with the Local Government Public Obligations Law, compiled in title 9, chapter 21, and for such purposes the bonds shall be treated as revenue obligations of the authority under this chapter, in order to finance:
   1. The costs of any project;
   2. The payment of the costs of issuance of such bonds, including underwriter's discount, financial advisory fee, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal and other similar expenses;
   3. Reimbursement of the authority for moneys previously spent by the authority for any of the foregoing purposes; and
   4. The establishment of reasonable reserves for the payment of debt service on such bonds, for repair and replacement of any project, or for such other purposes as the board shall deem necessary and proper in connection with the issuance of any bonds and operation of any project for the benefit of which the financing is being undertaken.
2. 1. The authority shall have the power and is hereby authorized to issue its bonds to refund and refinance outstanding bonds of the authority heretofore or hereafter issued or lawfully assumed by the authority; provided, that in accordance with title 9, chapter 21, the authority shall request a report on any proposed refunding from the office of the comptroller. The proceeds of the sale of the bonds may be applied to:
      1. The payment of the principal amount of the bonds being refunded and refinanced;
      2. The payment of the redemption or tender premium thereon, if any;
      3. The payment of unpaid interest on the bonds being refunded, including interest in arrears, for the payment of which sufficient funds are not available, to the date of delivery or exchange of the refunding bonds;
      4. The payment of fees or other charges incident to the termination of any interest rate hedging agreements, liquidity or credit facilities, or other agreements related to the bonds being refunded and refinanced;
      5. The payment of interest on the bonds being refunded and refinanced from the date of delivery of the refunding bonds to maturity or to, and including, the first or any subsequent available redemption date or dates on which the bonds being refunded may be called for redemption;
      6. The payment of the costs of issuance of the refunding bonds, including underwriter's discount, financial advisory fee, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal and other similar expenses, and the costs of refunding the outstanding bonds, including the costs of establishing an escrow for the retirement of the outstanding bonds, trustee and escrow agent fees in connection with any escrow, and accounting, legal and other professional fees in connection therewith; and
      7. The establishment of reserves for the purposes set forth in subdivision (a)(4).
   2. Refunding bonds may be issued to refinance and refund more than one (1) issue of outstanding bonds, notwithstanding that such outstanding bonds may have been issued at different times. The principal proceeds from the sale of refunding bonds may be applied either to the immediate payment and retirement of the bonds being refunded or, to the extent not required for the immediate payment of the bonds being refunded, to the deposit in escrow with a bank or trust company to provide for the payment and retirement at a later date of the bonds being refunded.
3. No bonds shall be issued hereunder unless authorized to be issued or assumed by resolution of the board of directors of the authority. Bonds authorized to be issued hereunder may be issued in one (1) or more series, may bear such date or dates, mature at such time or times, not exceeding forty (40) years from their respective dates, bear interest at such rate or rates, payable at such time or times, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution or resolutions may provide. Bonds may be issued for money or property at competitive or negotiated sale for such price or prices as the board of directors, or its designee, shall determine. The authority may enter into such agreements in connection with the issuance of any bonds as its board of directors may approve, including without limitation, credit agreements and bond purchase agreements.
4. Bonds may be repurchased by the authority out of any available funds at such price as the board of directors shall determine, and all bonds so repurchased shall be cancelled or held as an investment of the authority as the board of directors may determine.
5. 1. All bonds issued by the authority shall be payable solely out of the revenues of the authority, including tax revenues, as may be designated by the board of directors of the authority.
   2. The principal of and interest on any bonds issued by the authority shall be secured, as may be designated by the board of directors of the authority, by a pledge of the tax revenues allocable to the authority, by a pledge of the authority's rights under agreements, leases and other contracts, or by a mortgage or deed of trust covering all or any part of the projects from which the revenues so pledged may be derived. The proceedings under which the bonds are authorized to be issued and any such pledge agreement or mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered by the bonds, the fixing and collection of rents for any portions of projects leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with this chapter. Each pledge, agreement, or mortgage or deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the pledge, agreement, or mortgage or deed of trust were made shall have been fully paid. In the event of default in such payment or in any agreement of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage or deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage or deed of trust, or any one (1) or more of such remedies.
6. Bonds and notes of the authority shall be executed in the name of the authority by such officers of the authority and in such manner as the board of directors may direct. If so provided in the proceedings authorizing the bonds, the facsimile signature of any of the officers executing such bonds may appear on the bonds in lieu of the manual signature of such officer.
7. Any bonds and notes of the authority may be sold at public or private sale to the extent authorized for local governments, for such price and in such manner and from time to time as may be determined by the board of directors of the authority to be most advantageous, and the authority may pay all expenses, premiums and commissions that its board of directors may deem necessary or advantageous in connection with the issuance of the bonds.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-116. Execution in the name of the corporation.

All leases, contracts, deeds of conveyance, or instruments in writing executed by the authority, shall be executed in the name of the authority by the chair of the authority, or by such other officer as the board of directors of the authority, by resolution, may direct.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-117. Net earnings.

As a public body, no part of the net earnings of the authority remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board of directors of the authority shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the municipality or municipalities with respect to which the authority was organized; provided, that nothing contained in this section shall prevent the board of directors from transferring all or any part of its properties in accordance with the terms of any lease entered into by the authority.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-118. Dissolution of the corporation.

Whenever the board of directors of the authority, by resolution, determines that there has been substantial compliance with the purposes for which the authority was formed, and all bonds theretofore issued and all obligations theretofore incurred by the authority have been fully paid, then the members of the board of directors shall thereupon execute and file for record in the office of the secretary of state a certificate of dissolution reciting such facts and declaring the authority to be dissolved. Upon the filing of such certificate of dissolution, the authority shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in the state, in the manner approved by the board and the state, and possession of such funds and properties shall forthwith be delivered to the state. Upon dissolution of the authority, any of its assets shall be distributed as shall be directed by the board and the state, but in no event shall such costs be distributed to any person other than a governmental entity.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.

11-25-119. Construction of chapter.

This chapter shall not be construed as a restriction or limitation upon any powers that an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security for the bonds, except as provided in this chapter, any other law to the contrary notwithstanding; provided, that nothing in this chapter shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power over same.

Acts 2012, ch. 1106, § 1.

Code Commission Notes.

Acts 2012, ch. 1106, § 1 purported to enact title 11, ch. 27. Title 11, chs. 25 and 26 had previously been transferred; therefore, the enactment by Acts 2012, ch. 1106, § 1 was enacted as title 11, ch. 25 by authority of the code commission.