Bill Text: GA SB362 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2012-03-27 - House Third Reading Lost [SB362 Detail]
Download: Georgia-2011-SB362-Introduced.html
Bill Title: Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2012-03-27 - House Third Reading Lost [SB362 Detail]
Download: Georgia-2011-SB362-Introduced.html
12 LC
39 0070
Senate
Bill 362
By:
Senators Williams of the 19th and Bulloch of the 11th
A
BILL TO BE ENTITLED
AN ACT
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 river 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.
(3)
'River' means the Altamaha River, Flint River, Ocmulgee River, or Oconee River,
where the same qualifies as a navigable stream, but not including any segment
that is a boundary of the State of Georgia as described in Article 1 of Chapter
2 of Title 50.
(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 river segments, 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 rivers that may be affected by the removal, recovery, and sale of deadhead
logs.
(2)
No river segment known to contain an otherwise merchantable quantity of deadhead
logs shall be withheld from marketing as a deadhead log sales area or portion
thereof to the bidding public unless the department 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 by the bidder 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)
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. No 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; but the state shall retain title to such deadhead logs unless and
until the same are removed in a timely manner in accordance with the terms of
the sales agreement.
(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
rivers 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.