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SECTION 14.5.(c) Funding. – Of the funds appropriated in this act from the
projected interest in the State Fiscal Recovery Reserve to the Department of Natural and Cultural
Resources, seven million dollars ($7,000,000) in the 2023-2024 fiscal year and five million
dollars ($5,000,000) in the 2024-2025 fiscal year is allocated to provide a grant to the Saluda
Grade Trails Conservancy, a nonprofit corporation (Conservancy), for the purchase of the Saluda
Grade rail corridor in Henderson and Polk Counties and related assessment, due diligence, and
transaction costs. Of the funds allocated by this subsection, the amount necessary for the
Conservancy to provide the earnest money deposit toward the purchase of the Saluda Grade rail
corridor, not to exceed two million dollars ($2,000,000), shall be provided to the Conservancy as
soon as possible after the effective date of this act. The remaining funds shall be provided to the
Conservancy upon the earlier of (i) January 1, 2025, or (ii) the date the Department completes
the study required by subdivision (c)(5) of Section 14.7 of this act and notifies the Office of State
Budget and Management that it has done so.
SECTION 14.5.(d) Memorandum of Understanding. – No later than 60 days after
the effective date of this act, the Department of Natural and Cultural Resources shall enter into a
Memorandum of Understanding with the Conservancy regarding the long-term ownership
structure, management, and improvement of the rail corridor. The Memorandum shall provide,
at a minimum, the following:
(1) That not later than July 1, 2027, the corridor will be conveyed to the State to
be added to the State Trail system.
(2) That the conveyance and other provisions of the Memorandum are structured
to ensure that the acquisition of the rail corridor and the conversion to an
interim use as a State trail is consistent with the requirements of federal law
necessary to preserve established railroad rights-of-way for future activation
of rail service as set forth in the railbanking provisions of the National Trails
System Act Amendments of 1983.
SECTION 14.5.(e) Report. – The Department shall provide an interim report no later
than March 1, 2024, and a final report no later than October 1, 2026, to the Joint Legislative
Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal
Research Division regarding the acquisition of the Saluda Grade rail corridor funded by this
section. The Department shall also include a summary of its actions to promote and support the
establishment of the Saluda Grade Trail as a part of the annual report required by
G.S. 143B-135.102.
SECTION 14.5.(f) Authorization. – Upon completion of the acquisition of the
Saluda Grade rail corridor funded by this section, the General Assembly authorizes the
Department of Natural and Cultural Resources to add the trail established on the Saluda Grade
rail corridor to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The
Department shall support, promote, encourage, and facilitate the establishment of trail segments
and connecting trails on State parklands and on lands of other federal, State, local, and private
landowners. On segments of the trail that cross property controlled by agencies or owners other
than the Department's Division of Parks and Recreation, the laws, rules, and policies of those
agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b)
that additions be accompanied by adequate appropriations for land acquisition, development, and
operations shall not apply to the authorization set forth in this section; provided, however, that
the State may receive donations of appropriate land and may purchase other needed lands or
finance improvements and amenities for the trail with existing funds in the Clean Water
Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water
Conservation Fund, and other available sources of funding.
SECTION 14.5.(c) Funding. – Of the funds appropriated in this act from the
projected interest in the State Fiscal Recovery Reserve to the Department of Natural and Cultural
Resources, seven million dollars ($7,000,000) in the 2023-2024 fiscal year and five million
dollars ($5,000,000) in the 2024-2025 fiscal year is allocated to provide a grant to the Saluda
Grade Trails Conservancy, a nonprofit corporation (Conservancy), for the purchase of the Saluda
Grade rail corridor in Henderson and Polk Counties and related assessment, due diligence, and
transaction costs. Of the funds allocated by this subsection, the amount necessary for the
Conservancy to provide the earnest money deposit toward the purchase of the Saluda Grade rail
corridor, not to exceed two million dollars ($2,000,000), shall be provided to the Conservancy as
soon as possible after the effective date of this act. The remaining funds shall be provided to the
Conservancy upon the earlier of (i) January 1, 2025, or (ii) the date the Department completes
the study required by subdivision (c)(5) of Section 14.7 of this act and notifies the Office of State
Budget and Management that it has done so.
SECTION 14.5.(d) Memorandum of Understanding. – No later than 60 days after
the effective date of this act, the Department of Natural and Cultural Resources shall enter into a
Memorandum of Understanding with the Conservancy regarding the long-term ownership
structure, management, and improvement of the rail corridor. The Memorandum shall provide,
at a minimum, the following:
(1) That not later than July 1, 2027, the corridor will be conveyed to the State to
be added to the State Trail system.
(2) That the conveyance and other provisions of the Memorandum are structured
to ensure that the acquisition of the rail corridor and the conversion to an
interim use as a State trail is consistent with the requirements of federal law
necessary to preserve established railroad rights-of-way for future activation
of rail service as set forth in the railbanking provisions of the National Trails
System Act Amendments of 1983.
SECTION 14.5.(e) Report. – The Department shall provide an interim report no later
than March 1, 2024, and a final report no later than October 1, 2026, to the Joint Legislative
Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal
Research Division regarding the acquisition of the Saluda Grade rail corridor funded by this
section. The Department shall also include a summary of its actions to promote and support the
establishment of the Saluda Grade Trail as a part of the annual report required by
G.S. 143B-135.102.
SECTION 14.5.(f) Authorization. – Upon completion of the acquisition of the
Saluda Grade rail corridor funded by this section, the General Assembly authorizes the
Department of Natural and Cultural Resources to add the trail established on the Saluda Grade
rail corridor to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The
Department shall support, promote, encourage, and facilitate the establishment of trail segments
and connecting trails on State parklands and on lands of other federal, State, local, and private
landowners. On segments of the trail that cross property controlled by agencies or owners other
than the Department's Division of Parks and Recreation, the laws, rules, and policies of those
agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b)
that additions be accompanied by adequate appropriations for land acquisition, development, and
operations shall not apply to the authorization set forth in this section; provided, however, that
the State may receive donations of appropriate land and may purchase other needed lands or
finance improvements and amenities for the trail with existing funds in the Clean Water
Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water
Conservation Fund, and other available sources of funding.
Really glad to hear. About a month ago, went to a presentation on both Trails. The presenter made a point of saying the Saluda Trail is going to be more challenging than the Ecusta Trail, given the change in elevation from Saluda into SC.
Over a $1 million per mile. One could imagine cheaper builds. But when it is grant money, there is typically less concern about costs. Benefits? Could be inflated. Won't know until after construction, if anybody really tries to measure.
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