The following words or phrases have the definition given unless clearly specified otherwise:
(1) "Commission" means the governing board of the War Between the States Heritage Trust Program.
(2) "Advisory board" means the War Between the States Heritage Trust Advisory Board.
(3) "Natural area" means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain landforms, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics that are unique to and relatively undisturbed since the time period of the War Between the States.
(4) "Natural feature" means an area of land or water or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of geological formations, or objects of special scientific, educational, aesthetic, or recreational character, which are unique to and relatively undisturbed since the time period of the War Between the States.
(5) "Cultural area or feature" means an area or feature that provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of an historic area, as well as through study, investigation, and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned.
(6) "War Between the States Heritage Preserve" means a natural or cultural area or feature which is "dedicated" under this chapter.
(7) "War Between the States Heritage Site" means a natural or cultural feature that has been recognized as such through "registration" under this chapter.
(8) "Dedicate or dedication" means the process by which any natural or cultural area or feature shall be established as a War Between the States Heritage Preserve in accordance with the procedures set out in Section 51-18-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the commission or the advisory board under this chapter:
(a) "Acquisition" means the establishment of a War Between the States Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the commission for such purpose; or
(b) "Acceptance" means the establishment of a War Between the States Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the commission for such purpose. Examples are granting of a "conservation or open space easement" or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter.
(9) "Register or registration" means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the commission recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 51-18-100.
(10) "Priority areas and features list" means the list made up of those areas and features recommended by the advisory board, and approved by the commission, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as War Between the States Heritage Preserves and Sites.
(11) "The War Between the States Heritage Trust Program" means the entire system established under this chapter to provide for the inventorying, preservation, use, and management of unique and outstanding natural or cultural areas and features in this State.
(12) "War Between the States Heritage Trust" means the legal trust that is created under Section 51-18-90.
HISTORY: 2000 Act No. 387, Part II, Section 52A, eff July 1, 2000.