Who has authority to manage the 8,600-acre Doe Mountain tract in northeast Tennessee?

Subject

Opinion No. 13-102, Authority Over Doe Mountain Recreation Authority, December 6, 2013

Plain-English summary

Rep. Timothy Hill asked whether the Tennessee Department of Environment and Conservation (TDEC) or any other state entity had specific authority to manage the land owned by the Doe Mountain Recreation Authority. The AG's answer was no.

Background. In 2011, the General Assembly authorized the State Building Commission to consider acquiring property for land conservation and recreational use. 2011 Tenn. Pub. Acts ch. 473, § 75. The State Building Commission's Executive Subcommittee approved purchase of an 8,600-acre Doe Mountain tract from the Nature Conservancy on April 23, 2012. Recognizing that the property needed a dedicated management structure, the General Assembly enacted the Doe Mountain Recreation Authority Act of 2012, 2012 Tenn. Pub. Acts ch. 1106, codified at Tenn. Code Ann. §§ 11-25-101 to -119. The state then deeded the property to the new Authority on March 25, 2013.

Statutory grant of land management authority. Tenn. Code Ann. § 11-25-107 gives the Authority broad land management powers, including:

• Purchasing and holding land
• Conserving the land's natural resources (land, timber, water)
• Constructing improvements and recreational facilities
• Acquiring water rights and distributing water for irrigation
• Entering agreements with private nonprofits and federal, state, and local entities for environmental promotion and protection within the Authority's boundaries

§ 11-25-108 lets the Authority promulgate rules and regulations and take whatever actions are necessary to effectuate its purposes. § 11-25-102(a)(5) sets the express purpose: "protect and conserve the natural resources of Doe Mountain through planning, promoting, financing, constructing, managing, and developing multi-use recreational opportunities."

Only one limitation: sale or disposal needs State Building Commission approval. Tenn. Code Ann. § 11-25-107(a)(9) says any "sale or disposal of land must have the approval of the state building commission." Outside that single override, no other state agency has land-management jurisdiction over the property.

The 15-member board includes state representation. § 11-25-106(a) seats the Authority's 15-member board with local officials and representatives from TDEC, the Tennessee Department of Economic and Community Development, the Tennessee Department of Tourist Development, and the Tennessee Wildlife Resources Agency. So state agencies have input through board seats, not through external regulatory authority.

TDEC retains environmental-statute enforcement. Like any landowner in Tennessee, the Authority must comply with all state environmental statutes, rules, and regulations. TDEC can take enforcement action for violations. That's not "land management" authority over the property; it's the same enforcement role TDEC has over any private or public landowner.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The Doe Mountain Recreation Authority Act has been in place since 2012 and its core jurisdictional structure has been stable. Specific powers, board composition, and any subsequent expansions or restrictions should be verified against the current text of Tenn. Code Ann. §§ 11-25-101 to -119.

Background and statutory framework

Doe Mountain. A roughly 8,600-acre tract in Johnson County, in the far northeast corner of Tennessee. Long-running discussions about how to conserve and develop it for recreation led to the 2012 Nature Conservancy acquisition by the state.

The 2011 appropriations authorization. 2011 Tenn. Pub. Acts ch. 473, § 75 authorized the State Building Commission to consider a project for land conservation and recreational use, the procedural foundation for the 2012 purchase.

Doe Mountain Recreation Authority Act of 2012. 2012 Tenn. Pub. Acts ch. 1106. § 1(a)(1) recognizes "an immediate need to conserve Doe Mountain"; § 1(a)(4) notes that prior conservation efforts had been hindered by "inadequate statutory authority and management expertise."

Tenn. Code Ann. § 11-25-102(b) spells out the Authority's mandate: prepare comprehensive long-range master plans; conserve the land, waters, and wildlife of Doe Mountain in a manner protective of the resource (including, where applicable, transferring lands management for natural area and/or wildlife management areas); and foster economic development through multi-use, family-oriented outdoor recreation opportunities.

§ 11-25-107. Broad management powers. The 22-item enumerated list (a)(1) through (a)(22) includes property acquisition and disposition, financial powers (issue bonds, accept gifts, enter contracts), operational powers (build, operate, charge fees), and intergovernmental cooperation. § 11-25-107(a)(9) is the only management item with an external check: sale or disposal of land needs SBC approval.

§ 11-25-108. Rulemaking power.

§ 11-25-106(a). 15-member board includes the Commissioner of TDEC (or designee), Commissioner of ECD, Commissioner of Tourist Development, Executive Director of the Tennessee Wildlife Resources Agency (or designees), and several local officials and gubernatorial appointees.

Common questions

Who runs Doe Mountain day-to-day?

The Authority, through its 15-member board and any staff or operations contractor it engages under § 11-25-107. The Authority charges user fees, maintains trails, and partners with private nonprofits and state agencies.

What if the Authority wants to sell off a piece of the property?

It can, but the State Building Commission has to approve the sale or disposal. § 11-25-107(a)(9). This is the only external approval required for the Authority's land-management decisions.

Could TDEC tell the Authority to log a section of timber or close a trail?

No. TDEC does not have land management authority. TDEC's only authority over the property is environmental-statute enforcement (water quality, air quality, hazardous waste, etc.), and that's the same authority it has over every Tennessee landowner. If the Authority logs in a way that violates state environmental law, TDEC enforces. If the Authority decides what timber operations are appropriate, TDEC has no veto.

What kind of activities is the Authority charged with developing?

Multi-use, family-oriented outdoor recreation. Examples might include hiking, mountain biking, ATV/UTV trails, hunting, fishing, camping. The Act's purpose section emphasizes both conservation and recreation, and the Authority's master planning is supposed to balance the two.

Does the local government (Johnson County) have any role?

Yes, through board representation in § 11-25-106(a). Several seats are reserved for local elected officials or designees. Beyond board representation, Johnson County does not have direct land-management authority over the Authority's property.

Citations

Tenn. Code Ann. §§ 11-25-101 to -119 (Doe Mountain Recreation Authority Act of 2012); specifically §§ 11-25-102, 11-25-102(a), 11-25-102(b), 11-25-106(a), 11-25-107, 11-25-107(a)(9), 11-25-108. 2011 Tenn. Pub. Acts ch. 473. 2012 Tenn. Pub. Acts ch. 1106.

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2013/op13-102.pdf

Original opinion text

December 6, 2013

Opinion No. 13-102

Authority Over Doe Mountain Recreation Authority

QUESTION

Does either the Tennessee Department of Environment and Conservation or any other Tennessee governmental entity have specific authority to manage the land owned by the Doe Mountain Recreation Authority?

OPINION

No. In 2012, the State acquired an 8,600-acre tract of Doe Mountain and conveyed the entire tract to the Doe Mountain Recreation Authority ("the Authority"). The Authority was created by an enactment of the General Assembly that specifically vests land management jurisdiction over the property in the Authority. The only exception to the Authority's land management jurisdiction is that any sale or disposal of the property by the Authority must be approved by the State Building Commission. Other than this requirement, neither the Tennessee Department of Environment and Conservation nor any other Tennessee governmental entity has land management jurisdiction over the Authority's property.

ANALYSIS

In 2011, the General Assembly in appropriations legislation authorized the State Building Commission to consider a project to acquire property in Tennessee for land conservation and recreational use. See 2011 Tenn. Pub. Acts, ch. 473, § 75. The State Building Commission's Executive Subcommittee in exercising this delegated authority for land acquisition/transfer, on April 23, 2012 approved the acquisition of an 8,600-acre tract of property known as Doe Mountain from the Nature Conservancy. Recognizing that the proper development and use of the property would require a "new mechanism to manage [the] lands for multi-use outdoor recreation opportunities," the General Assembly created the Doe Mountain Recreation Authority under the Doe Mountain Recreation Authority Act of 2012, 2012 Tenn. Pub. Acts, ch. 1106, § 1 (codified at Tenn. Code Ann. §§ 11-25-101 to -119), and the property was deeded from the State of Tennessee to the Authority on March 25, 2013.

Through the aforementioned legislation, the General Assembly recognized "an immediate need to conserve Doe Mountain" but also noted that conservation efforts and proper development of Doe Mountain had been hindered in the past by "inadequate statutory authority and management expertise." Tenn. Code Ann. § 11-25-102(a)(1), (4). As a result, the General Assembly established the Authority with the express legislative purpose that the Authority would "protect and conserve the natural resources of Doe Mountain through planning, promoting, financing, constructing, managing, and developing multi-use recreational opportunities" and vested the Authority with the power to:

prepare comprehensive, long-range, site-specific master plans and to ensure compliance with such plans; to conserve the land, waters, and wildlife of Doe Mountain in a manner protective of the resource, including, where applicable, transfer of lands management for natural area and/or wildlife management areas; and to foster economic development for the people by the development and operation of multi-use, family-oriented outdoor recreation opportunities.

Tenn. Code Ann. § 11-25-102(a)(5), (b). The Authority possesses broad management powers with respect to the use of the Doe Mountain property, including, but not limited to, the power to purchase and hold land; conserve natural resources, including the land, timber, and water, of the real property owned and managed by the Authority; construct improvements and recreational facilities on the property; acquire water rights and sell or distribute water for irrigation; and enter into agreements with other private non-profit corporations and/or federal, state, and local entities for the promotion and protection of the environment within the boundaries of the Authority's land ownership. Tenn. Code Ann. § 11-25-107. Additionally, the Authority is authorized to promulgate rules and regulations and has the power to take whatever actions are necessary to effectuate the purposes of the Authority. Tenn. Code Ann. § 11-25-108. The only limitation on the Authority's land management power is that any "sale or disposal of land must have the approval of the state building commission." Tenn. Code Ann. § 11-25-107(a)(9).

The appropriations legislation and the plain statutory language of the Doe Mountain Recreation Authority Act of 2012 make clear the General Assembly's intent that the Authority be the primary steward of the Doe Mountain property. The broad management powers specifically vested in the Authority provide it with land management control, limited only by the requirement of approval from the State Building Commission of any sale or disposal of the land. Other than this limitation, neither the Tennessee Department of Environment and Conservation nor any other Tennessee governmental entity has land management jurisdiction over the Doe Mountain property.

ROBERT E. COOPER, JR.
Attorney General and Reporter

WILLIAM E. YOUNG
Solicitor General

EMILY B. VANN
Assistant Attorney General

Requested by:

The Honorable Timothy Hill
State Representative
23 Legislative Plaza
Nashville, Tennessee 37243

The Authority is governed by a 15-member board of directors that includes local governmental officials, as well as officials from the Tennessee Department of Economic and Community Development, the Tennessee Department of Tourist Development, the Tennessee Department of Environment and Conservation, and the Tennessee Wildlife Resources Agency. Tenn. Code Ann. § 11-25-106(a).

The minutes from the March 2013 Executive Subcommittee meeting approving the transfer of property ownership from the State of Tennessee to the Authority, which were reviewed by this Office, reflect the Executive Subcommittee's acknowledgement that the intent of the land acquisition was always to transfer the property to the Authority once it was established.

The Authority, just as any other entity or individual, must act within its statutory authorization and comply with all other applicable statutes, rules, and regulations of the State. The Tennessee Department of Environment and Conservation maintains jurisdiction over the Authority regarding compliance with all state environmental statutes, rules, and/or regulations and may take enforcement action against the Authority for any violations.