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This entry was published on 2014-09-22
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SECTION 45-0111
Functions, powers and duties
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 45
§ 45-0111. Functions, powers and duties.

The trustee shall have the duty of assisting the legislature and the
governor in implementing the policy of the state as set forth in section
4 of article XIV of the State Constitution, and in order to carry out
such purposes he shall have the following functions, powers and duties:

1. To recommend to the Governor and legislature real property to be
included in the preserve. In making such recommendations, the trustee
shall first find that such real property qualifies for inclusion in the
preserve because of its natural beauty, wilderness character, it
contains old-growth forest, or is of other geological, ecological or
historical significance. Such recommendation shall include, where
appropriate, the estimated value or cost of the real property,
justification for its inclusion in the preserve, and provision for
management, care, custody and control of the real property. When the
trustee identifies a parcel of state land which may be an old-growth
forest, the trustee shall evaluate the parcel, and if it meets the
criteria of an old-growth forest, recommend the parcel be included in
the preserve. When the trustee recommends property be placed in the
preserve to protect old-growth forest, such recommendation shall include
provisions that the old-growth forest be protected with minimum
management or disturbance that only considers passive recreational
opportunities with no construction of public amenities. In those
provisions, the protection of the old-growth forest from invasive
species and diseases may be considered. Such real property may include,
but not be limited to real property presently owned in the name of the
state, unconditional or conditional grants, gifts and bequests to the
state of real property, and real property recommended by the trustee for

2. To prepare and submit an annual report to the Governor and the
legislature on or before February first on the activities of the trust.

3. To undertake research and studies related to activities of the

4. To maintain a current inventory of all real property which has been
dedicated to the preserve.

5. To request any state agency to render assistance in carrying out
the purposes of this article. Any state agency is authorized to render
such assistance to the trustee.

6. To make such rules and regulations as the trustee may determine
necessary for the purposes of properly carrying out his functions,
powers and duties, and to do all things necessary or convenient for
carrying out the foregoing functions.