Bill Text: GA SB218 | 2011-2012 | Regular Session | Engrossed

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Bill Title: Submerged Cultural Resources; permits/authorization to contract; provisions

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-04-12 - House Third Reading Lost [SB218 Detail]

Download: Georgia-2011-SB218-Engrossed.html

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11 SB218/FA/1

Senate Bill 218

By: Senators Williams of the 19th and Bulloch of the 11th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide for investigation, survey, and sales of certain sunken logs to which the state holds title; to provide for administration of such a program; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, is amended in Code Section 12-3-82, relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits, by adding a new subsection to read as follows:

"(f) This Code section shall not apply to deadhead logs, which shall be subject to the provisions of Code Section 12-3-82.1."

SECTION 2.

Said part is further amended by adding a new Code section to read as follows:

"12-3-82.1.

(a) As used in this Code section, the term:

(1) 'Deadhead logs' means logs that were commercially harvested from forests in this state during the nineteenth or twentieth century and that sank or were sunken in a navigable stream, other than a segment of a navigable stream which segment is a boundary of the State of Georgia as described in Article 1 of Chapter 2 of Title 50, either while in the process of being floated to mill or market or intentionally for storage.

(2) 'Navigable stream' has the meaning provided by Code Section 44-8-5.

(b) The department may contract with any person for the investigation or survey of deadhead logs on such terms and conditions as the department deems appropriate.

(c)(1) The department shall provide for sales of deadhead logs on a competitive bid basis to the highest responsible bidders as provided by this Code section. Such sales shall be made as and when, and from such navigable stream locations, in such quantities, and upon such terms and conditions as the department may deem appropriate, taking into consideration the protection of natural resources, other submerged cultural resources, and the recreational and commercial uses of the navigable streams that may be affected by the removal, recovery, and sale of deadhead logs.

(2) No known cache or caches of an otherwise marketable quantity of deadhead logs shall be withheld from marketing to the bidding public unless the department, upon investigation, makes a written determination and order that the public interest, including without limitation public safety, water quality, wildlife and wildlife habitat, commercial and recreational fisheries, state and federal threatened and endangered species, land use, effects on stream bank property, or other submerged cultural resources, cannot be adequately protected if the recovery and removal operation is allowed.

(d) The department may coordinate its actions with the State Forestry Commission and may delegate to the commission any part or all of its authority to act under this Code section in any case, and the State Forestry Commission is authorized to act on behalf of the department in accordance with this Code section pursuant to any such delegation of authority.

(e) Except as otherwise provided by subsection (f) of this Code section, the provisions for disposition of surplus property under Article 4 of Chapter 5 of Title 50 shall not apply to disposition of deadhead logs under this Code section.

(f) The purchaser of any deadhead logs shall be responsible for recovery and removal of the same. The state shall retain title to any deadhead logs, and no such deadhead logs shall be removed pursuant to this Code section, until such time as the amount due to the state as payment for such logs has been received.

(g) The provisions of Code Section 45-12-92 shall not apply to proceeds received by the department from sales of deadhead logs pursuant to this Code section, and the department may retain such proceeds for use in the effective administration of the deadhead log or fisheries management programs; provided, however, that any such funds not expended for such purposes in the fiscal year in which the funds are generated shall be deposited into the general fund of the state treasury.

(h) In addition to those powers set forth in subsection (a) of Code Section 12-3-81, the board is empowered to promulgate such rules and regulations as may be necessary or appropriate for the protection of natural resources, other submerged cultural resources, and the recreational and commercial uses of the navigable streams in connection with the investigation, survey, recovery, removal, sale, and disposition of deadhead logs and for the department's effective administration thereof."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.