EXECUTIVE ORDER NO. 2011-08



WHEREAS, the Heritage Corridor Plan resulted from a grant awarded to the South Carolina Department of Parks, Recreation & Tourism (“SCPRT”) from the South Carolina Department of Transportation in 1993; and

WHEREAS, by Executive Order 94-15 the Governor of the State of South Carolina charged SCPRT with creating a heritage program in South Carolina, recognizing there was a bill pending before the Congress of the United States to designate a corridor in the western part of the State of South Carolina as a National Heritage Corridor, and

WHEREAS, on November 12, 1996, Public Law 104-333, Division II, Title VI, November 12, 1996, 110 Statutes 4260 (“Public Law”) officially established the South Carolina National Heritage Corridor, providing federal funding until 2012 for the South Carolina National Heritage Trust Program (“Program”), and directing selection of the management entity for the Program by the Governor of the State of South Carolina; and

WHEREAS, by Executive Order 97-18 issued May 16, 1997, the Governor of the State of South Carolina, recognizing the significant cost of fully implementing the Program that had been created by SCPRT and federally-funded by Congress, directed SCPRT to create an independent, tax-exempt public benefit corporation to lessen the financial burden on state government with respect to the management and implementation of the Program by assisting SCPRT with the operations and other requirements of the Program; and

WHEREAS, SCPRT as incorporator and registered agent filed articles of incorporation on May 19, 1997, seeking 501(c)(3) status for SCNHC, Inc., and received said status in January 1998; and

WHEREAS, in May 1998, the United States Department of Interior, National Park Service and the State of South Carolina entered into a cooperative agreement that recognized and established SCPRT as the recipient of the federal funds, responsible for the Program as the Program’s fiscal and administrative agent; and

WHEREAS, SCNHC, Inc., was established in order to raise non-public funds to be used for the management and implementation of the Program with the goal of creating a self-sustaining Program that would ultimately not require public funding to maintain itself; and

WHEREAS, the Program has continued to rely heavily on SCPRT for substantial funding, administrative support, including but not limited to, budget and accounting services, human resource management, and procurement and marketing support; and

WHEREAS, by Executive Order 2008-15 issued December 1, 2008, the Governor of the State of South Carolina recognized and designated SCPRT as the management entity for the Program and conferred full authority on SCPRT to direct the Program as it determines necessary; and

WHEREAS, in February, 2011 the South Carolina Legislative Audit Council after a thorough review of the Program recommended, as an alternative to the present structure of the Program, that SCPRT be given the control and management of all operations and aspects of the Program, including evaluating and awarding community grant applications throughout the Corridor; and

WHEREAS, SCPRT is the state agency with responsibility for tourism marketing, administration and development; and

WHEREAS, SCPRT will recognize the Program as a cohesive 17-county heritage corridor as it is recognized by the Public Law providing federal funding for the Program and will work to promote rural tourism development throughout the heritage corridor through a comprehensive marketing and grants program administered by SCPRT; and

WHEREAS, SCPRT has experience in successfully administering federal grant funds and will administer the federal grant funds for the Program based on established criteria in accordance with the provisions of a cooperative agreement between SCPRT and the United States Department of Interior and in compliance with all applicable federal and state laws, rules and regulations relevant to the evaluation, awarding, and accountability of grant applications for federal funds.

NOW THEREFORE, by virtue of the authority vested in me as Governor of the State of South Carolina and pursuant to the Constitution and Laws of this State, I do hereby recognize SCPRT as the management entity of the Program, recipient of the federal grant funds, and the agent for all fiscal and administrative responsibilities connected thereto, with full authority to organize, implement and direct the Program as it determines necessary and appropriate. I also acknowledge and recognize SCPRT as the entity responsible for evaluating, awarding, and maintaining accountability of grant applications for the Program.

FURTHER, I hereby acknowledge and recognize the role of SCNHC, Inc. as an independent, autonomous public benefit corporation organized and existing for the purpose of supporting heritage development in the Corridor.

This Order shall take effect immediately.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 9th DAY OF MARCH, 2011.

NIKKI R. HALEY
Governor

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