There is a Department of Natural Resources, established as a principal department of the State government. The head of the Department is the Secretary of Natural Resources, who shall be appointed by the Governor with the advice and consent of the Senate. The Secretary shall be an individual with administrative ability, whose reputation and experience demonstrate his interest in the field of natural resources. It is the intention of the General Assembly, in providing for a Department of Natural Resources, to establish a State department which, in addition to its other functions, shall: Review and evaluate all natural resources policies, plans, programs, and practices of State, county, regional, and federal agencies and institutions; Coordinate natural resources activities within the State; Be a center for collecting and organizing information on natural resources for the guidance of the Governor and the General Assembly; and Otherwise unify, coordinate, and promulgate policies, plans, programs, and practices which insure the preservation, development, wise use, and enjoyment of all the natural resources for greatest benefits to the State and its citizens. The Secretary serves at the pleasure of the Governor. He is directly responsible to the Governor and shall counsel and advise him on all matters assigned to the Department. The Secretary is responsible for carrying out the Governor’s policies in the areas of natural resources research and development, management, and administration. The Secretary shall receive the salary and have the assistants, employees, and professional consultants provided in the State budget. The Secretary is responsible for the operation of the Secretary’s office and shall establish guidelines and procedures to promote its orderly and efficient administration. The Secretary may establish areas of responsibility within the Secretary’s office and may reorganize or abolish them as necessary to fulfill the duties assigned to the Secretary. The Secretary may appoint such staff assistants as are necessary to administer these areas of responsibility. The Secretary shall appoint, with the approval of the Governor, a deputy secretary who shall have the duties provided by law or delegated by the Secretary. The deputy secretary is in the executive service of the State Personnel Management System, serves at the pleasure of the Secretary, and shall receive the compensation provided in the State budget. All assistant secretaries, staff assistants, and professional consultants are in the executive service, management service, or are special appointments in the State Personnel Management System and are appointed by and serve at the Secretary’s pleasure. Wherever it is provided by law that the Secretary makes an appointment to a particular office within the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor’s approval. Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with the provisions of the State Personnel and Pensions Article. The Secretary may delegate his authority to appoint or remove personnel of any unit to the administrator of the unit. The Attorney General is the legal adviser to the Department. The Attorney General shall assign the number of assistant Attorneys General authorized by law to be assigned to the units of the Department. One of the assistant Attorneys General shall be designated by the Attorney General as counsel to the Department of Natural Resources. The counsel to the Department shall have no other duty than to render, subject to the discretion and control of the Attorney General, the legal aid, advice, and counsel required by the Secretary and the other officials of the Department and, also subject to the discretion and control of the Attorney General, to supervise the other assistant Attorneys General assigned to the Department. After the Attorney General has designated an assistant Attorney General to serve as counsel to the Department of Natural Resources, the Attorney General may not reassign the counsel without consultation with the Secretary. This subsection does not apply to any unit of government within the Department of Natural Resources if the unit is authorized by law to employ its own legal adviser or counsel.

The Department shall include all units, programs, boards, commissions, and advisory boards and commissions referenced in this article. The following units are also included in this Department: The Maryland Membership Unit of the Interstate Commission of the Potomac River Basin; The Maryland Membership Unit of the Susquehanna River Basin Commission; The Maryland Membership Unit of the Atlantic States Marine Fisheries Commission; The Maryland Membership Unit of the Potomac River Fisheries Commission; The Maryland Membership Unit of the Interstate Oil and Gas Compact Commission; and The Maryland Membership Unit of the Interstate Mining Commission. Unless otherwise provided by this article, each advisory commission created by law consists of five members appointed by the Governor, with the advice of the Secretary, to serve at the pleasure of the Governor. Subject to subsubparagraph 2 of this subparagraph, the Wildlife Advisory Commission is composed of 10 members appointed by the Governor. The Governor shall appoint one member who is an academic researcher with expertise in wildlife biology, wildlife conservation, wildlife management, or ecology. The Governor shall solicit nominations for vacancies on the Wildlife Advisory Commission from individuals or organizations that promote the future of hunting and individuals or organizations that promote the preservation of wildlife in the State, with geographical distribution being a prime consideration for filling vacancies. There shall be representation from: The farming community; The hunting community; The wildlife preservation community; and The passive wildlife recreation community. The term of a member is 4 years. A member may not serve more than 2 terms on the Commission. The terms of members are staggered so that: 3 shall end in 2023; 3 shall end in 2024; 3 shall end in 2025; and 1 shall end in 2028. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member shall be knowledgeable in the area of interest of the advisory commission on which he serves. Each advisory commission shall advise the Secretary or the administration of the appropriate Department unit, pursuant to rules and regulations the Secretary adopts. The members of each advisory commission annually shall elect a chairman of the commission and may adopt procedures to conduct its meetings. An advisory commission member receives the compensation provided in the Department budget. Every member shall be reimbursed for necessary travel expenses incurred in performing any official duty, pursuant to rules and regulations the Secretary adopts. In addition to any advisory body established by law, the Secretary, with the Governor’s approval, may create administratively any advisory unit of a size and tenure the Secretary deems appropriate. If any provision of this article as it affects the Maryland membership unit of any interstate agency is inconsistent with any interstate compact to which Maryland is a party, the provision of this article does not apply to that unit to the extent of the inconsistency.

The Secretary is responsible for the coordination and direction of comprehensive planning in the area of natural resources. In addition, he shall be apprised in full of plans, proposals, projects, and programs of the units within the Department, and may approve, disapprove, or modify any plan, proposal, project, or program, if that action approving, disapproving, or modifying plans, proposals, projects, or programs is not inconsistent with law. The Secretary is responsible for the budget of his office and for the budgets of the units within the Department. Unless otherwise authorized by statute, the Secretary may use money in a fund or account created under this article for administrative expenses directly relating to the purposes of the Fund or account up to an amount calculated under a generally accepted methodology for determining indirect costs. The Secretary shall submit any changes to the methodology used under subparagraph (i) of this paragraph for review and comment to the House Appropriations Committee and the Senate Budget and Taxation Committee within 45 days before implementing the methodology. The Secretary may apply for, accept, and administer for the State any federal funds or appropriations of money for any purpose which may be hereinafter made out of the federal treasury by any act of the Congress.

The Secretary is responsible for the development of coordinated policies for the preservation, conservation, enhancement, wise use, and perpetuation of the natural resources of the State. He is responsible for the efficient coordination of all the natural resources activities of the State including the settlement of conflicts that may arise among units within the Department of Natural Resources. In the discharge of his responsibility the Secretary shall: Provide a forum of communication among natural resources units and a source of information for the Governor and General Assembly as to the preservation, conservation, development, and use of all the State’s natural resources; Study and evaluate any plan, program, or activity or any combination of plans, programs, or activities within one or more of the units of the Department, and recommend any legislative, budgetary, or administrative changes to provide more effective administration, clarify responsibilities, terminate obsolete programs, establish desirable programs, or alter or amend programs to meet changed or changing conditions; Review federal statutes, policies, programs, and activities which affect or may affect natural resources in the State and recommend to federal, State, and local agencies and institutions procedures for the coordination of these programs; Study the natural resources activities of the subdivisions of the State and recommend procedures for coordination of the natural resources activities of the State and its subdivisions; Maintain a catalog classified by use, of public land acquired or used in the preservation, conservation, development, management, or enjoyment of the natural resources; review and approve all plans and proposals of the units of the Department for the acquisition of additional land for such purposes, taking into account public land owned and managed for identical or similar purposes by federal agencies and by counties, municipalities, and other political subdivisions of the State; Establish and maintain, for the use of the Department, a natural resources library, cataloged according to a recognized library system and containing legal, scientific, and administrative reports, books, documents, photographs, records, and other information on the natural resources and natural resources administration; and Provide technical assistance to other State units, counties, municipalities, corporations, organizations, groups, and individuals in planning, organizing, and conducting leisure activities and recreation programs. The Secretary shall represent the Department at hearings or meetings of the Congress of the United States and the General Assembly of Maryland, State and interstate conferences, and at local meetings or hearings pertaining to any matter of concern to the Department. The Secretary may transfer, assign or reassign any function or activity of any unit within the Department, together with the staff, funds and equipment associated with that function or activity, either to the office of the Secretary or to any other unit within the Secretary’s jurisdiction, in order to increase efficiency and economy in administering natural resources in the State. Whenever the Secretary believes any transfer of function or activity renders misleading or inadequate the name of any unit within the Department as enumerated in § 1-102 of this subtitle, he, with the Governor’s approval, may assign a new name or names to the affected unit. If this is done, the Secretary shall cause to be submitted to the next ensuing session of the General Assembly a legislative proposal for appropriate amendment of § 1-102 of this subtitle. The Secretary shall publish books, pamphlets, maps, and other materials on the subject of natural resources and encourage and assist the Department’s units in the preparation of these materials for publication. He shall maintain a supply of the publications and other materials for sale at cost to schools, libraries, and the general public, and establish policies for the Department on the gratuitous distribution of publications issued by the Department and its member units. The Secretary shall publish for calendar year 2015 and each subsequent calendar year a report which shall include, but not be limited to, the following: A review of studies, deliberations, conclusions, and recommendations of the Department; The annual reports submitted by the separate units within the Department which shall be edited by the Secretary’s staff; and A review of other natural resources activities of interest or concern to the State and its citizens. Every unit in the Department shall report to the Secretary as provided in the rules and regulations promulgated by the Secretary. The Secretary is responsible for promulgating rules and regulations for the Department. He shall review and have the power to approve, disapprove, issue, or revise the rules and regulations of every unit of the Department. The authority, powers, duties, and functions granted to the Secretary or the Department shall be exercised and performed by the Secretary or by any unit or official within the Department designated by the Secretary. The Secretary may delegate to a person the authority to issue licenses pertaining to fishing or hunting. The Secretary may not delegate the authority to issue a fishing or hunting license to a clerk of a circuit court. The office of Secretary of Natural Resources shall have a seal for purposes of authentication of copies of records or papers in his office. The Secretary may exercise or perform any power, duty, responsibility, or function which any of the following units, or their successors, may exercise or perform: the Maryland Geological Survey, the Wildlife Administration, the Natural Resources Police Force, the Forest and Park Service, the Water Resource Administration, the Energy Administration, and the Tidewater Administration. At least 45 days before the Department seeks approval by the Board of Public Works of the purchase of any interest in land for which the State contribution to the purchase exceeds $2,000,000, the Secretary shall provide the Senate Budget and Taxation Committee and the House Appropriations Committee with: A description of the proposed purchase; A description of the interest the Department will hold in the property; and A listing of the proposed sources of money to be used for the purchase. For fiscal year 2007, the Governor shall include in the annual budget bill submitted to the General Assembly an appropriation in an amount equal to at least $88,000 for the Department to maintain a natural resources library as required under subsection (a)(6) of this section.

The Secretary may create or dissolve an advisory board for the Department of Natural Resources. The advisory board shall be of the size as determined by the Secretary, and the members shall be representative of the different professional areas or fields of endeavor with which the Department is concerned.

In this article the following words have the meanings indicated. “Active duty” has the meaning stated in § 9–901 of the State Government Article. “Active service member” has the meaning stated in § 9–901 of the State Government Article. “Armed forces” has the meaning stated in § 9–901 of the State Government Article. “Informational meeting” means a meeting, open to the public, at which the applicant or the Department of Natural Resources presents information concerning a permit or certificate application. An informational meeting is not a contested case hearing nor an agency hearing under § 10–202(d) of the State Government Article. “Public hearing” means a meeting, open to the public, at which the Department of Natural Resources receives oral and written comments concerning a decision to issue or deny a permit or certificate. A public hearing is not a contested case hearing nor an agency hearing under § 10–202(d) of the State Government Article. “Service member” has the meaning stated in § 9–901 of the State Government Article. “Uniformed services” has the meaning stated in § 9–901 of the State Government Article. “Veteran” has the meaning stated in § 9–901 of the State Government Article.

This section applies to employees commissioned as law enforcement officers of the State Forest and Park Service. This section does not apply to Natural Resources police officers. Notwithstanding any other provision of law, the Secretary may appoint without examination: A law enforcement officer who holds a commissioned rank to the rank of Major; and A law enforcement officer who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel. A law enforcement officer appointed in accordance with this subsection continues to serve at the pleasure of the Secretary. Notwithstanding any other provision of law, on termination of an appointment under this subsection, the Secretary may: Return the law enforcement officer to the rank that the law enforcement officer held before the appointment; or Promote the law enforcement officer to a higher rank to which the law enforcement officer became eligible for promotion during the appointment. In cases of inconsistency between this section and the provisions of the State Personnel and Pensions Article, the provisions of this section shall control as to all matters relating to the appointment of a law enforcement officer of the Department to the rank of Major or Lieutenant Colonel.

In any report issued under this title, the Department may: Include recommendations for statutory and budgetary proposals to: Promote public awareness of the benefits of conserving fisheries and wildlife in the State; and Reduce the incidence of violations of State conservation laws; and Submit the report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.

In this section, “real property interest” means a nonleasehold interest in real property. “Real property interest” includes a fee simple acquisition interest, conservation easement interest, or another perpetual easement interest. The Department shall negotiate the acquisition of real property interests for open space, recreation, conservation, and other purposes under this article. Unless otherwise approved by the Board of Public Works, the Department shall make each acquisition under this subsection in the name of the State to the use of the Department. After acquiring a fee simple interest under this section, the Department shall include a request for funds in its annual budget request to the Department of Budget and Management to create new permanent, classified positions to manage and administer the fee simple interest. The request for funds shall be: Based on the most recent data provided by the Department in the open space report required by Chapter 584 of the Acts of the General Assembly of 1995; and Calculated using the ratio of at least one permanent, classified position per 400 acres of newly acquired fee simple interests. Except for a real property interest that is acquired by gift and subject to paragraph (2) of this subsection, before a real property interest is acquired from a private owner, the Department shall obtain two independent appraisals of the property. The Department, with the approval of the Board of Public Works, may develop and utilize an easement valuation system to value conservation easement interests. Except for a real property interest that is acquired by gift, a contract for the acquisition of a real property interest under this section shall be approved, and may be executed, by the Board of Public Works. At least 40 days before the Board of Public Works may act on a real property interest acquisition under this section, the Department shall give written notice of a potential acquisition of a real property interest: To the governing body of the county in which the real property interest is located; and If the real property interest is located within a municipal corporation, to the governing body of the municipal corporation. Within 30 days after receiving notice under this subsection, the governing body may submit written comments to the Department. The Board of Public Works shall supervise the expenditure of any money that the General Assembly appropriates for the acquisition of a real property interest under this section. Subject to paragraphs (2), (3), and (4) of this subsection, the Department may dispose of a real property interest owned and managed by the Department as consideration for the acquisition of a real property interest not owned by the Department. Except as provided in paragraph (3) of this subsection, in implementing this subsection, the Department shall comply with the procedures established under Title 5, Subtitle 3 and Title 10, Subtitle 3 of the State Finance and Procurement Article. The Department may dispose of a real property interest owned by the State for the use and benefit of the Department in exchange for a privately owned real property interest without complying with the procedures established under §§ 5–301 through 5–311 or §§ 10–301 through 10–309 of the State Finance and Procurement Article, if: The privately owned real property interest subject to the exchange is adjacent to the real property interest owned by the State for the use and benefit of the Department; The real property interest owned by the State for the use and benefit of the Department and subject to the exchange is adjacent to the privately owned real property interest; The real property interest owned by the State and subject to the exchange does not exceed 5 acres in size; and The owner of the privately owned real property interest requesting the exchange pays all costs associated with the exchange of the real property interest, including legal fees and boundary relocation, surveying, engineering, and recordation costs. Prior to a real property interest exchange under this paragraph, the Department shall: Notify in writing by electronic mail or first–class mail: Owners of property adjacent to the privately owned real property interest subject to the exchange; The General Assembly members who represent the legislative district in which the real property interest exchange is located; and The governing body of the county in which the real property interest exchange is located; and Refer the proposed exchange to the Board of Public Works for final disposition. The Department may not dispose of a conservation easement interest under this subsection. The Board of Public Works may exempt projects under this section from the provisions of this section. The Department shall adopt regulations to implement this section. The regulations adopted under paragraph (1) of this subsection shall include a system for appraisal review developed by the Department in consultation with the Department of General Services.

In this section, “Program” means the Land and Property Management Program. There is a Land and Property Management Program in the Department. The purpose of the Program is to process real property transactions that involve property owned by the Department. The Program is responsible for: Processing lease agreements, easements, and other property–related documents; and Facilitating issuing leases for Department housing to Department employees in accordance with the Department’s residential housing policy.

The Department may enter into partnerships, through formal contracts or memoranda of understanding, with private sector organizations with experience in carbon offset markets or programs in order to: Create statewide or regional partnerships for the purpose of minimizing the costs and maximizing the benefits of enrolling private and public lands in carbon offset markets; and Assist private landowners with the aggregation of projects to make the projects more saleable in carbon offset market programs. To learn about establishing and verifying carbon credits, on or before July 1, 2024, the Department, in consultation with appropriate experts, shall begin implementation of, or otherwise support: At least one carbon offset project on State land; and At least one carbon offset project in a marine or estuarine habitat.