CHAPTER 302

AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY CREATING A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 80 RELATING TO THE ESTABLISHMENT OF A DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, DEFINING ITS ORGANIZATION, POWERS, DUTIES AND FUNCTIONS AND PROVIDING FOR THE TRANSFER OF MATERIALS AND EQUIPMENT TO SAID DEPARTMENT FROM VARIOUS STATE AGENCIES AND PROVIDING A SUPPLEMENTARY APPROPRIATION TO THE GOVERNOR TO IMPLEMENT THE PROVISIONS OF THIS ACT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code, is hereby amended by adding a new Chapter thereto to be designated as Chapter 80 to read as follows:

CHAPTER 80.

DEPARTMENT OF NATURAL RESOURCES AND

ENVIRONMENTAL CONTROL

§ 8001. Establishment of Department of Natural Resources and Environmental Control

A Department of Natural Resources and Environmental Control is established.

§ 8002. Secretary; Division Directors; Acting Secretary; appointment

(a) The administrator and head of the Department shall be the Secretary of the Department of Natural Resources and Environmental Control, who shall be a person qualified by training and experience to perform the duties of his office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. He shall be paid an annual salary not in excess of $34,000.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such directors may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of his successor, the Governor may appoint the director of any division of the Department to serve as Acting Secretary. The Secretary may, during his absence from the State, appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during his absence or incapacity or until his successor is duly qualified and appointed.

§ 8003. Powers; duties and functions of the Secretary

The Secretary shall have the following powers, duties and functions:

(a) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(b) To appoint, and fix the salary with the written approval of the Governor, the following division directors, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary;

(1) A Director of the Division of Fish and Wildlife, who shall be known as the Director of Fish and Wildlife, and who shall be qualified by training and experience to perform the duties of his office.

(2) A Director of the Division of Parks, Recreation and Forestry, who shall be known as the Director of Parks, Recreation and Forestry, and who shall be qualified by training and experience to perform the duties of his office.

(3) A Director of the Division of Soil and Water Conservation, who shall be known as the Director of Soil and Water Conservation, and who shall be qualified by training and experience to perform the duties of his office.

(4) A Director of the Division of Environmental Control, who shall be known as the Director of Environmental Control, and who shall be qualified by training and experience to perform the duties of his office.

(c) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(d) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;

(e) To retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purposes. All necessary legal services shall be provided pursuant to Title 29, Chapter 25, Delaware Code;

(f) To delegate any of his powers, duties or functions to a director of a division except his power to remove employees of the Department or to fix their compensation;

(g) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by him and which are not inconsistent with the laws of this State;

(h) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(i) To adopt an official seal or seals for the Department.

§ 8004. Division of Fish and Wildlife

(a) The Division of Fish and Wildlife is hereby established having powers, duties and functions as follows:

(1) The Division of Fish and Wildlife shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(i) The Board of Game and Fish Commissioners of the State of Delaware, pursuant to the provisions of Title 7, Delaware Code, Chapters 1, 3, 5, 7, 9, 11, 13, 17 and 58.

(ii) The Delaware Commission of Shell Fisheries pursuant to the provisions of Title 7, Delaware Code, Chapters 19, 21, 23 and 27, and Title 23, Delaware Code, Chapter 21.

(2) The administrative, ministerial, fiscal and clerical functions of the Atlantic States Marine Fisheries Commission set forth in Title 7, Delaware Code, Chapter 15, shall be performed by the Division of Fish and Wildlife.

(i) Except as otherwise provided in (2) above the membership, remuneration, organization, meetings, powers, duties and functions of the Atlantic States Marine Fisheries Commission shall remain as prescribed by Title 7, Delaware Code, Chapter 15.

§ 8005. Council on Game and Fish

(a) There is hereby established the Council on Game and Fish.

(b) The Council on Game and Fish shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the protection, conservation and propagation of all forms of fish and protected wildlife of the State of Delaware and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

() The Council on Game and Fish, upon the effective date of this Chapter, shall be composed of the members of the Board of Game and Fish Commissioners of the State of Delaware whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on Game and Fish for the period of his unexpired term unless he vacates his position by resignation, death or incapacity. When the number of the members has been reduce to less than seven (7), by reason of expiration of terms, resignations, death or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7) the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven, no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the. Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7), any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 8006. Council on Shell Fisheries

(a) There is hereby established the Council on Shell Fisheries.

(b) The Council on Shell Fisheries shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the control and direction of the shellfish industry and the protection, conservation and propagation of shellfish of the State of Delaware and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

() The Council on Shell Fisheries, upon the effective date of this Chapter, shall be composed of the members of the Delaware Commission of Shell Fisheries whose terms as of the effective date of this Chapter, have not expired. They shall serve as members of the Council on Shell Fisheries for the period of their unexpired term. The Council shall be composed of seven (7) members. The Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years and the next three (3) shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years.

(a) No more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(b) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(c) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(d) Any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 8007. Division of Parks, Recreation and Forestry

(a) The Division of Parks, Recreation and Forestry is hereby established having powers, duties and functions as follows:

(1) The Division of Parks, Recreation and Forestry shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(1) The State Park Commission of Delaware pursuant to the provisions of Title 7, Delaware Code, Chapters 45, 47 and 58.

(ii) The State Forestry Department and the State Forestry Commission, pursuant to the provisions of Title 7, Delaware Code, Chapters 29, 31, 33 and 35.

(2) The administrative, ministerial, fiscal and clerical functions of the Recreation Advisory Council set forth in Title 7, Delaware Code, Chapter 47, shall be performed by the Division of Parks, Recreation and Forestry.

(i) Except as otherwise provided in (2) above, the membership, remuneration, organization, meetings, powers, duties and functions of the Recreation Advisory Council shall remain as prescribed by Title 7, Delaware Code, Chapter 47.

§ 8008. Council on Parks

(a) There is hereby established the Council on Parks.

() The Council on Parks shall serve in an advisory capacity to the Director of Parks, Recreation and Forestry and shall consider matters relating to the preservation and protection of the scenic, historic, scientific, prehistoric and wildlife resources of the State for the purposes of public use and enjoyment and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Parks, Recreation and Forestry. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(a) The Council on Parks, upon the effective date of this Chapter, shall be composed of the members of the State Park Commission of Delaware whose terms as of the effective date of this Chapter, have not expired. They shall serve as members of the Council on Parks for the period of their unexpired term. The Council shall be composed of seven (7) members. The Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years.

(d) No more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) Any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 8009. Recreation Advisory Council

(a) The Recreation Advisory Council established in Title 7, Delaware Code, Chapter 47, shall serve in an advisory capacity to the Director of Parks, Recreation and Forestry. The Council shall consider such advisory matters as set forth in Title 7, Delaware Code, Chapter 47, and shall consider such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Parks, Recreation and Forestry. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(b) The Recreation Advisory Council, upon the effective date of this Chapter, shall be composed of the members of the Recreation Advisory Council pursuant to the provisions of Title 7, Delaware Code, § 4732, whose terms, as of the effective date of this Chapter, have not expired. They shall serve as members of the Recreation Advisory Council for the period of their unexpired term. Thereafter, the qualification, terms, manner of appointment and all other circumstances relating to the composition of the Council shall be the same as those provided by Title 7, Delaware Code, § 4732.

§ 8010. Council on Forestry

(a) There is hereby established the Council on Forestry.

(b) The Council on Forestry shall serve in an advisory capacity to the Director of Parks, Recreation and Forestry and shall consider matters relating to the protection of State forest lands from fire, disease, and insect damage including the application of control measures, the establishment of forest growth on denuded or non-forested lands and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Parks, Recreation and Forestry. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

() The Council on Forestry, upon the effective date of this Chapter, shall be composed of the members of the State Forestry Commission whose terms, as of the effective date of this Chapter, have not expired. They shall serve as members of the Council on Forestry for the period of their unexpired term. The Council shall be composed of seven (7) members. The Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years.

(a) No more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) Any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 8011. Division of Soil and Water Conservation

(a) The Division of Soil and Water Conservation is hereby established having powers, duties and functions as follows:

(1) The Division of Soil and Water Conservation shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Soil and Water Conservation Commission, pursuant to the provisions of Title 7, Delaware Code, Chapters 39 and 41.

(2) The administrative, ministerial, fiscal and clerical functions of the Boards of Ditch Commissioners set forth in Title 7, Delaware Code, Chapter 41, shall be performed by the Division of Soil and Water Conservation.

(i) Except as otherwise provided in (2) above, the membership, remuneration, organization, meetings, powers, duties, and functions of the Boards of Ditch Commissions shall remain as prescribed by Title 7, Delaware Code, Chapter 41.

§ 8012. Council on Soil and Water Conservation

(a) There is hereby established the Council on Soil and Water Conservation.

(b) The Council on Soil and Water Conservation shall serve in an advisory capacity to the Director of Soil and Water Conservation and shall consider matters relating to the conservation, protection, development and utilization of land and water resources in the State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Soil and Water Conservation. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Soil and Water Conservation, upon the effective date of this Chapter, shall be composed of the members of the Delaware Soil and Water Conservation Commission whose terms as of the effective date of this Chapter have not expired. Each member shall serve as a member of the Council on Soil and Water Conservation for the period of his unexpired term unless he vacates his position by resignation, death or incapacity. When the number of the members has been reduced to less than seven (7), by reason of expiration of terms, resignation, death or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, and the next two (2) appointees shall serve for a term of two (2) years and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7) the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7) any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 8013. Division of Environmental Control

(a) The Division of Environmental Control is hereby established having powers, duties and functions as follows:

(1) The Division of Environmental Control shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Water and Air Resources Commission pursuant to the provisions of Title 7, Delaware Code, Chapters 39, 60, 61, 62 and 63 and Title 16, Delaware Code, Chapters 15 and 17, except for the following sections thereof, the powers, duties and functions of which shall be vested in the Delaware Water and Air Resources Commission:

(i) § 6005; § 6008; § 6009; § 6011; § 6012; § 6023; § 6024; § 6104 (1), (7) and (8); § 6203 (a) (1), (5) and (b); § 6303 (4).

(2) In addition to the powers, duties and functions provided in (1) (i) above, the Commission shall hear appeals from any order or action of the Division of Environmental Control as provided for in Title 7, Delaware Code, Chapter 60, or as otherwise provided by law.

(3) The membership, remuneration, organization and meetings of the Commission shall remain as prescribed under Title 7, Delaware Code, Chapter 60 except that the Commission shall meet at such time and places as determined by the Chairman of the Commission or the Director of Environmental Control.

(4) The administrative, ministerial, fiscal and clerical functions of the State of Delaware as a member of the Delaware River Basin Commission set forth in Title 7, Delaware Code, Chapter 65, shall be performed by the Division of Environmental Control.

(i) Except as otherwise provided in (4) above, the membership, remuneration, organization, meetings, powers, duties and functions of the Delaware River Basin Commission shall remain as prescribed by Title 7, Delaware Code, Chapter 65.

§ 8014. Council on Environmental Control

(a) There is hereby established the Council on Environmental Control.

(b) The Council on Environmental Control shall serve in an advisory capacity to the Director of Environmental Control and shall consider matters relating to the development, utilization and control of all water, underwater and air resources of the State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Environmental Control. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Environmental Control, upon the effective date of this Chapter, shall be composed of the members of the Delaware Water and Air Resources Commission pursuant to the provisions of Title 7, Delaware Code, Chapter 60, whose terms, as of the effective date of this Chapter, have not expired. They shall serve as members of the Council on Environmental Control for the period of their unexpired term. Thereafter, the qualification, terms, manner of appointment and all other circumstances relating to the composition of the Council shall be the same as those provided by Title 7, Delaware Code, Chapter 60.

§ 8015. Governor's Council on Natural Resources and Environmental Control

(a) There is hereby established the Governor's Council on Natural Resources and Environmental Control.

(b) The Governor's Council on Natural Resources and Environmental Control shall be composed of the chairmen of the councils to the respective divisions of the Department as provided herein, one of whom shall be designated by the Governor as Chairman of the Governor's Council on Natural Resources and Environmental Control and he shall serve, as such, at the pleasure of the Governor.

(c) The terms of the members of the Governor's Council on Natural Resources and Environmental Control shall coincide with the terms for which the members serve as chairmen of their respective councils.

(d) The Governor's Council on Natural Resources and Environmental Control shall advise, recommend and refer to the Secretary of the Department matters which in its opinion, are of Departmental concern and shall consider such other matters as may be referred to it by the Governor or the Secretary of the Department. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

§ 8016. Books; records; access; annual report

(a) The Governor's Council on Natural Resources and Environmental Control shall have access to all books, records, reports, and other documents relating to the Department of Natural Resources and Environmental Control unless otherwise prohibited by law.

() The various councils of the divisions of the Department of Natural Resources and Environmental Control shall have access to all books, records, reports, and other documents relating to their respective divisions unless otherwise prohibited by law.

(a) The Chairman of the Governor's Council on Natural Resources and Environmental Control and the chairmen of the councils of the divisions of this Department shall make an annual report of the activities of each of said councils to the Secretary of the Department, the Governor and the General Assembly and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.

§ 8017. Exemptions

The following positions set forth in this Act shall be exempt from the provisions of Title 29, Delaware Code, Chapter 59:

(1) Secretary of Natural Resources and Environmental Control

(2) Director of Fish and Wildlife

(3) Director of Parks, Recreation and Forestry

(4) Director of Soil and Water Conservation

(5) Director of Environmental Control

§ 8018. Functions prior to effective date of this Chapter

The Department, through appropriate divisions, subdivisions, and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the Board of Game and Fish Commissioners, Delaware Commission of Shell Fisheries, State Park Commission, State Forestry Department, State Forestry Commission, Delaware Soil and Water Conservation Commission, and Delaware Water and Air Resources Commission immediately prior to the effective date of this Chapter and which are not otherwise herein above specifically transferred to the Department by the Provisions of this Chapter.

§ 8019. Appeals

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions hereby transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is hereby transferred, and each such appeal shall be perfected in the manner heretofore provided by law.

8020. Transfers and continuity

(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function hereby transferred to the Department shall on the effective date of this Chapter be delivered into the custody of the Department. All investigations, petitions, hearings, and legal proceedings pending before or instituted by any agency from which functions are hereby transferred and not concluded prior to the effective date of this Chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this Chapter and where necessary, may be completed before, by, or in the name of the Department. All orders, rules and regulations made by any agency from which functions are hereby transferred and governing such functions and which are in effect upon the effective date of this Chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function hereby transferred to the Department and being in force on the effective date of this Chapter, shall, notwithstanding the provisions of this Chapter, remain in full force and effect and be performed by the Department.

(b) All employees of any commission, board, department, council or agency shall, to the extent that the same are consistent with this Chapter and in connection with a function hereby transferred to the Department, shall continue and be deemed to be the employees of the Department on the effective date of this Chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this Chapter.

(c) All definitions and references to any commission, board, department, council or agency which appear in any other Act or law shall, to the extent that the same are consistent with this Chapter and in connection with a function hereby transferred to the Department, be construed as referring and relating to the Department of Natural Resources and Environmental Control as created and established herein.

(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other Act or law, shall, to the extent that same are consistent with this Chapter, and in connection with a function hereby transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and function as established and created herein.

§ 8021. Annual report

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations, and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.

§ 8022. Misnomer of Department in donation

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing, that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by the provisions of this Act, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

§ 8023. Budgeting and financing

The Secretary, in cooperation with the Division Directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the Annual Appropriation and any other funds appropriated by the General Assembly.

Special funds may be used in accordance with approved programs, grants and appropriations.

§ 8024. Severability

If any provision of this Chapter, or of any rule, regulation or order thereunder of the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Chapter and the application of such provisions of this Chapter or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

Section 2. The Provisions of this Act shall become effective on the date the Governor signs an executive order stating that he has found it administratively feasible to implement this Act or on July 1, 1970, whichever first occurs.

Section 3. The sum of Fifty Thousand Dollars ($50,000) is hereby appropriated to the Governor for the fiscal year ending June 30, 1970 for the purposes of implementing the provisions of this Act. This appropriation shall be considered as a supplementary appropriation and shall be paid out of funds not otherwise appropriated and any portion thereof which is unexpended or unencumbered as of June 30, 1970 shall revert to the General Fund.

Section 4. Any sums appropriated to any board, commission, department, council or agency affected by this Act and which, upon the effective date of this Act, are unencumbered or unexpended shall be and are hereby appropriated and transferred to the Department of Natural Resources and Environmental Control.

Approved November 5, 1969.