Title 11, Natural Areas and Recreation

(1) 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 scientifi…

(a) An eleven-member archaeological advisory council to the commissioner of environment and conservation and the state archaeologist is hereby created. (b) (1) Members of the archaeological advisory council shall serve staggered terms, and to such end the governor shall by June 3…

(a) 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. T…

(a) 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, matt…

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…

(a) All state agencies, departments, institutions and commissions, as well as all counties and municipalities, shall cooperate fully with the division of archaeology. (b) Where any sites or artifacts may be found or discovered on property owned or controlled by the state or by an…

(a) 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; pr…

(a) 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. (b) No person, corporation, partnership, associati…

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 a…

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.

(a) All acts declared to be misdemeanors in this part, and not otherwise classified, are Class A misdemeanors. (b) All acts declared to be felonies in this part, and not otherwise classified, are Class E felonies. (c) When properly commissioned and qualified by the commissioner o…

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 su…

(a) 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. (b) The department of environment and conservation has fu…

(a) 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. (b) The Tennessee Archaeological Society is hereby requested to assist and cooperate w…

(a) 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. (b) The departmen…

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

(a) 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 Tenness…

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 si…

(a) 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. (b) The division may establish an organized program of providing archaeological inf…

(a) 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 Tenn…

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

(1) 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 Revenu…

(a) 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 prom…

(a) 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 fun…

(1) 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 powe…

(a) 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 ou…

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 …

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.

(a) 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…

(a) 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. (b) The commissioner of environment and conservation shall set the salary for the executive director. (c)…

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

(1) 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 desig…

(a) The Ocoee River recreation and economic development fund is established as a special agency account in the general fund. (b) 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 …

(a) 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. (b) (1) The board shall…

(a) 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 sh…

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.

(a) 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. (b) The commissioner is authorized to levy and collect…

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 co…

The general assembly finds that the state of Tennessee and its subdivisions should enjoy the benefits of private, local and federal assistance programs for the planning and development of the outdoor recreation resources of the state, including the acquisition of lands and waters…

The commissioner of environment and conservation, in cooperation with the state planning office and other state, federal, local and private agencies, is authorized to prepare, maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resource…

The commissioner of environment and conservation, with the approval of the governor, may select, and by purchase, gift or lease, acquire and make a part of the park system any new area which in the commissioner's judgment should be developed as a state park, or recreation area.

(a) The commissioner of environment and conservation may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal programs respecting outdoor recreation. (b) The commissioner may enter into contracts and agreement…

The commissioner of environment and conservation may receive local and private funds for the purpose of carrying out this part.

(a) The commissioner of environment and conservation shall make no commitment or enter into any agreement pursuant to an exercise of authority under this part until the commissioner has determined that sufficient funds are available to the commissioner for meeting the state's sha…

Any federal, local or private funds which may be received under this part shall be deposited in the state treasury and credited to an account for the purpose of carrying out this part. The funds in this account, unless otherwise directed by federal law, shall be disbursed in the …

(a) There is created in the department of environment and conservation a technical advisory service to assist county and municipal governments in the establishment and operation of parks and recreation programs by providing technical and other advice. The source of funding for th…