(a) There is hereby established the Delaware Council on Greenways and Trails (successor to the Delaware Coastal Heritage Greenways Council) created for the following purposes:
(1) Evaluate the natural, coastal, cultural historical and recreational resources of Delaware and determine which of these resources should be components of a Delaware Greenway network;
(2) Promote and encourage public agencies, nonprofit organizations, private organizations and individuals to create, where appropriate, physical linkages between components of Greenways. Such linkage may involve the acquisition or other methods that provide for the permanent protection of open space within Greenways and establishment of trails, walkways, bicycles routes and/or scenic highways throughout Greenways.
(b) The Delaware Council on Greenways and Trails shall serve in an advisory capacity to the Secretary of the Department. Duties of the Council shall include, but not be limited to, the following:
(1) Adopt criteria for the establishment and maintenance of Greenway links to serve the long-term needs of Delaware's environment and the recreational needs of the citizens of this State;
(2) Establish a program of cooperation and coordination with the governing bodies of the governmental planning department, counties, municipalities and other units of general government below the state level and with private nonprofit of public organizations to assist in the creation and preservation of natural, coastal, cultural, historical and recreational resources as Greenways throughout this State;
(3) Review and recommend to the Department for approval and funding of Greenway acquisition and development projects, to be funded from the Earnings Account of the Delaware Land and Water Conservation Trust Fund, established pursuant to § 5423(d) of Title 30;
(4) Enhance education and promotion of Delaware Greenways;
(5) Establish internal committees and/or encourage and promote establishment of new organizations, the purpose of which will be to develop and, where appropriate, implement strategies for a comprehensive greenway system;
(6) The Council may also recommend to the Department for adoption, after public hearing, any rules and regulations as may be necessary to carry out the provisions of the section.
(c) The Council shall be composed of 19 members. The Governor shall designate one member to serve as Chairperson. Members of the Council shall be:
(1) The Secretary of the Department of Natural Resources and Environmental Control or authorized designee;
(2) The Secretary of the Department of Transportation or authorized designee;
(3) The Secretary of the Department of Agriculture or authorized designee;
(4) The Director of the Division of Historical and Cultural Affairs;
(5) The Director of the Delaware Tourism Office;
(6) Eight members of the private or nonprofit sectors as shall be appointed by the Governor; provided, however, that any member of the former Delaware Coastal Heritage Greenway Council shall be permitted to complete any unexpired term;
(7) One member from the minority party and 2 members from the majority party of the Delaware House of Representatives appointed by the Speaker of the House;
(8) One member from the minority party and 2 members from the majority party of the Delaware State Senate appointed by the President Pro Tempore.
(d) Upon the expiration of the terms of the original members having designated terms, the terms of such members' positions thereafter shall be 3 years. For the members appointed to the positions indicated in subsection (c)(6) of this section, members registered in either major political party shall not exceed the other major political party by more than 1.
(e) The Secretary shall determine which applications eligible for funding under § 5423 of Title 30 shall be subject to review by this Council. Greenways projects shall qualify as projects under the provisions of § 5423 of Title 30.