CHAPTER 468

FORMERLY

HOUSE BILL NO. 540

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE PRESERVATION OF INLAND BAYS, AND CREATING THE INLAND BAYS' WATERSHED ENHANCEMENT ACT.

WHEREAS, the deterioration of water quality and the loss of natural habitat threaten public health and the environment, the viability of the economic base, and the quality of life around Delaware's Inland Bays' watershed; and

WHEREAS, the Inland Bays watershed is affected by actions in many communities, by activities of many individuals, and by decisions made by many agencies and organizations; and

WHEREAS, since 1969, State of Delaware, federal government, and local officials, scientists, organizations, and citizens have worked to identify the most significant environmental programs affecting the Inland Bays' watershed, to investigate the causes of these problems, and to consent on the strategy for solving these problems; and

WHEREAS, for the past five years, participants in the Inland Bays Estuary Program have targeted nutrient overenrichment and habitat loss as priority environmental problems; and

WHEREAS, the Inland Bays Estuary Program has developed the Comprehensive Conservation and Management Plan (CCMP) to mitigate these priority problems; and

WHEREAS, commitments from federal, State, and local agencies and

organizations responsible for the implementation of the CCMP are critical to its success; and

WHEREAS, hundreds of citizens have expressed strong support for the CCMP and its implementation to protect and restore the Inland Bays' watershed;

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. AMEND Title 7 of the Delaware Code by creating a new Chapter 76, which new chapter shall read as follows:

17601. Title.

This chapter shall be known, and may be cited as The Inland Bays'

Watershed Enhancement Act.'

§7602. Center For the Inland Bays.

(a) The Center For the Inland Bays is hereby created as a nonprofit organization. The Center shall apply for nonprofit status under the Federal Internal Revenue Service, U.S.C.A. The purpose of the Center shall be to oversee and facilitate the implementation of a long-term approach for the wise use and enhancement of the Inland Bays' Watershed.

(b) The Center shall receive federal funds for coordinating implementation of the federal Comprehensive Conservation and Management Plan (CCMP), and shall raise private grant monies to support educational activities,
restoration and land acquisition efforts.

§7603. Board of Directors.

(a) The Center shall be administered by a 7 person Board of Directors consisting of the following members:

(1) Secretary of Delaware Dept. of Agriculture;

(1) Secretary of Delaware Department of Natural Resources and Environmental Control;

(3) Representative from the Sussex Conservation District;

(4) Administrator from Sussex County;

(5) Representative from Sussex County Association of Towns;

(1) Chair of the Inland Bays Scientific and Technical Advisory Committee; and

(2) Chair of the Inland Bays Citizens Advisory Committee.

(b) The United States Environmental Protection Agency and other federal agencies may serve as non-voting, ex-officio members of the Board. In addition, the President Pro-Tem of the Delaware State Senate and the Speaker

of the Delaware State House of Representatives may each designate one non-voting, ex-officto member to the Board, which member shall be a resident of Sussex County.

(c) The Inland Bays Estuary Program and the Inland Bays Scientific and Technical Advisory Committee (STAC) and the Citizens Advisory Committee (CAC) shall continue to serve as formal advisory bodies to the Board.

17604. Duties of the Board of Directors.

(a) The Board shall be responsible for the procurement and administration of federal and private monies secured to fulfill the responsibilities pursuant to the protection and restoration of the Inland Bays' watershed. The Board shall review and consider recommendations made by the Executive Director concerning priorities for protecting and restoring the Inland Bays' watershed and to oversee fundraising activities and the distribution of monies received.

(b) The Board of Directors shall oversee and facilitate the implementation of the CCMP upon its adoption, tracking and monitoring its progress leading to improvements to the Inland Bays, facilitating an ongoing dialogue on issues concerning their protection, educating the public and students about how to protect the Bays, and determining priorities for restoration, enhancement and land acquisition projects.

(c) Meetings of the Board of Directors shall be held at least quarterly, or as deemed necessary, and shall be open to the public and advertised according to Delaware law. Experts in various subject matters may be invited to address the Board of Directors as needed and appropriate.

(d) Staff support for the Board shall be provided by and Executive Director who will convene its meetings; develop and carry out its agreements; develop grant proposals and fundraising events to supports its educational,
restoration, and land acquisition activities; prepare solicitations for proposals and make recommendations for the award of grants for educational and restoration projects; prepare progress reports, work plans, and budgets for the Board's approval; support advisory committees; supervise staff, and perform other duties as assigned by the Board.

(e) The Board shall submit a progress report annually to the General Assembly. The General Assembly may order periodic general audits of the Center for the Inland Bays."

Approved July 26, 1994