|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning conservation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Forestry Development Act is amended | ||||||
5 | by changing Sections 2, 4, 5, 6a, and 7 as follows:
| ||||||
6 | (525 ILCS 15/2) (from Ch. 96 1/2, par. 9102)
| ||||||
7 | Sec. 2. The following words shall have the meanings | ||||||
8 | ascribed to them
in this Section:
| ||||||
9 | (a) "Acceptable forest forestry management practices" | ||||||
10 | means preparation of a forest
forestry management plan, site | ||||||
11 | preparation,
brush control, purchase of planting stock, | ||||||
12 | planting, weed and pest control,
fire control, fencing, fire | ||||||
13 | management practices, timber stand improvement,
timber harvest | ||||||
14 | and any other practices determined by the Department of
Natural | ||||||
15 | Resources to be essential to responsible timber
management.
| ||||||
16 | (b) "Approved forest forestry management plan" means a | ||||||
17 | management plan approved
by the Department of Natural Resources | ||||||
18 | pursuant to Section
5 of this Act.
| ||||||
19 | (c) "Council" means the Illinois Council on Forestry | ||||||
20 | Development Council
created by this Act.
| ||||||
21 | (d) "Department" means the Department of Natural | ||||||
22 | Resources.
| ||||||
23 | (e) "Forest product" means timber which can be used for |
| |||||||
| |||||||
1 | sawing or processing
into lumber for building or structural | ||||||
2 | purposes, for pulp paper, chemicals
or fuel, for the | ||||||
3 | manufacture of furniture, or for the manufacture of any
| ||||||
4 | article.
| ||||||
5 | (f) "Fund" means the Illinois Forestry Development Fund | ||||||
6 | created by this Act.
| ||||||
7 | (g) "Timber" means trees, standing or felled, and parts | ||||||
8 | thereof, excluding
Christmas trees and producers of firewood.
| ||||||
9 | (h) "Timber buyer" means any person defined as a timber | ||||||
10 | buyer pursuant
to Section 2 of the "Timber Buyers Licensing | ||||||
11 | Act", approved September 15,
1969, as amended.
| ||||||
12 | (i) "Timber grower" means the owner, tenant or operator of | ||||||
13 | land in this
State who has an interest in, or is entitled to | ||||||
14 | receive any part of the
proceeds from, the sale of timber grown | ||||||
15 | in this State and includes persons
exercising authority to sell | ||||||
16 | timber.
| ||||||
17 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
18 | (525 ILCS 15/4) (from Ch. 96 1/2, par. 9104)
| ||||||
19 | Sec. 4. The Department shall:
| ||||||
20 | (a) Implement the forest forestry development cost share | ||||||
21 | program created by Section
5 of this Act and coordinate with | ||||||
22 | the United States Department of Agriculture
- Natural Resource | ||||||
23 | Conservation Service Soil Conservation Service and the Farm | ||||||
24 | Service Agency Agricultural Stabilization and Conservation
| ||||||
25 | Service in the administration of such program.
|
| |||||||
| |||||||
1 | (b) Approve acceptable forest forestry management plans as | ||||||
2 | required by Section 5 of
this Act.
| ||||||
3 | (c) Provide assistance to the Illinois Council on
Forestry | ||||||
4 | Development Council .
| ||||||
5 | (d) Promote the development of an active forest forestry | ||||||
6 | industry in this State
by providing information to timber | ||||||
7 | growers relating to acceptable management
practices, | ||||||
8 | suitability of various kinds of timber to various land types,
| ||||||
9 | marketability of various types of timber, market strategies | ||||||
10 | including marketing
cooperatives, availability of State and | ||||||
11 | federal government assistance, soil
and water conservation | ||||||
12 | benefits, and wildlife habitat enhancement
opportunities.
| ||||||
13 | (e) Provide any aid or information requested by the | ||||||
14 | Illinois
Finance
Authority in relation to forest forestry | ||||||
15 | industry assistance programs implemented
under the Illinois | ||||||
16 | Finance Authority
Act.
| ||||||
17 | (Source: P.A. 93-205, eff. 1-1-04.)
| ||||||
18 | (525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)
| ||||||
19 | Sec. 5. A forest forestry development cost share program is | ||||||
20 | created and shall
be administered by the Department of Natural | ||||||
21 | Resources.
| ||||||
22 | A timber grower who desires to participate in the cost | ||||||
23 | share program shall
devise a forest forestry management plan. | ||||||
24 | To be eligible to submit a proposed forest
forestry management | ||||||
25 | plan, a timber grower must own or operate at least 5
contiguous |
| |||||||
| |||||||
1 | acres of land in this State on which timber is produced, except
| ||||||
2 | that, no acre on which a permanent building is located shall be | ||||||
3 | included
in calculations of acreage for the
purpose of | ||||||
4 | determining eligibility. The proposed forest forestry | ||||||
5 | management plan
shall include a description of the land to be | ||||||
6 | managed under the plan, a
description of the types of timber to | ||||||
7 | be grown, a projected harvest schedule,
a description of forest | ||||||
8 | forestry management practices to be applied to the land,
an | ||||||
9 | estimation of the cost
of such practices, plans for | ||||||
10 | afforestation, plans for regenerative harvest
and | ||||||
11 | reforestation, and a description of soil and water conservation | ||||||
12 | goals
and wildlife habitat enhancement which will be served by | ||||||
13 | implementation of the forest
forestry management plan.
| ||||||
14 | Upon receipt from a timber grower of a draft forest | ||||||
15 | forestry management plan,
the Department shall review the plan | ||||||
16 | and, if necessary, assist the timber
grower to revise the plan. | ||||||
17 | The Department shall officially approve acceptable
plans. | ||||||
18 | Forest Forestry management plans shall be revised as necessary | ||||||
19 | and all
revisions must be approved by the Department. A plan | ||||||
20 | shall be evaluated every 2 years
annually for reapproval.
| ||||||
21 | The eligible land shall be maintained in a forest condition | ||||||
22 | for a
period of 10 years or until commercial harvest, whichever | ||||||
23 | last occurs, as
required by the plan.
| ||||||
24 | The Department shall enter into agreements with timber | ||||||
25 | growers with approved forest
forestry management plans under | ||||||
26 | which the Department shall agree to pay
a share of the total |
| |||||||
| |||||||
1 | cost of acceptable forest forestry management
plans and | ||||||
2 | practices implemented under the plan. The cost share amount
is | ||||||
3 | up to 80% of the total cost of the forest forestry management
| ||||||
4 | practices for such practices approved to be funded from monies
| ||||||
5 | appropriated for this purpose for subsequent fiscal years.
Cost | ||||||
6 | share funds shall be paid from monies appropriated to the | ||||||
7 | Department
by the General Assembly for that purpose from the | ||||||
8 | Illinois Forestry Development
Fund or any other fund in the | ||||||
9 | State Treasury.
| ||||||
10 | The Department, upon recommendations made to it by the | ||||||
11 | Council, may
provide for the categorization of forest forestry | ||||||
12 | management practices and determine
an appropriate cost share | ||||||
13 | percentage for each such category. Forest Forestry
management | ||||||
14 | practices
submitted by timber growers on whose timber sales | ||||||
15 | fees of 4% of the sale
amount were paid as provided in Section | ||||||
16 | 9a of the "Timber Buyers Licensing
Act", approved September 1, | ||||||
17 | 1969, may be accorded a priority for approval
within the | ||||||
18 | assigned category. Such timber growers may receive a cost share
| ||||||
19 | amount which is increased
above the amount for which they would | ||||||
20 | otherwise qualify by an amount equal to not
to exceed 50% of | ||||||
21 | the fees paid by the timber grower on his sales occurring in | ||||||
22 | the
2 fiscal years immediately preceding the fiscal year in
| ||||||
23 | which the forest forestry
management practices are approved and | ||||||
24 | funded; provided, however, that the
total cost share amount | ||||||
25 | shall not exceed the total cost of the approved forest
forestry | ||||||
26 | management practices.
|
| |||||||
| |||||||
1 | Upon transfer of his or her his right and interest in the | ||||||
2 | land or a change in
land use, the timber grower shall forfeit | ||||||
3 | all rights to future payments and
other benefits resulting from | ||||||
4 | an approved plan and shall refund to the
Department all | ||||||
5 | payments received therefrom during the previous 10 years
unless | ||||||
6 | the transferee of any such land agrees with the Department to | ||||||
7 | assume
all obligations under the plan.
| ||||||
8 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
9 | (525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
| ||||||
10 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
11 | Sec. 6a. Illinois Forestry Development Council.
| ||||||
12 | (a) The Illinois Forestry Development Council is hereby | ||||||
13 | re-created by this
amendatory Act of the 95th 91st General | ||||||
14 | Assembly.
| ||||||
15 | (b) The Council shall consist of 29 24 members appointed as
| ||||||
16 | follows:
| ||||||
17 | (1) four members of the General Assembly, one appointed | ||||||
18 | by the President
of the Senate, one appointed by the Senate | ||||||
19 | Minority Leader, one appointed by
the Speaker of the House | ||||||
20 | of Representatives, and one appointed by the House
Minority | ||||||
21 | Leader;
| ||||||
22 | (2) one member appointed by the Governor to represent | ||||||
23 | the Governor;
| ||||||
24 | (3) the Directors of the Departments of Natural | ||||||
25 | Resources, Agriculture,
and Commerce and Economic |
| |||||||
| |||||||
1 | Opportunity, the Executive Director of the Illinois
| ||||||
2 | Finance Authority, and the Director of the Office of Rural | ||||||
3 | Affairs, or
their designees;
| ||||||
4 | (4) the chair chairman of the Department of Forestry or | ||||||
5 | a forestry academician,
appointed by the Dean of | ||||||
6 | Agricultural Sciences Agriculture at Southern Illinois | ||||||
7 | University at
Carbondale;
| ||||||
8 | (5) the head of the Department of Natural Resources and | ||||||
9 | Environmental
Sciences or a forestry academician, | ||||||
10 | appointed by the Dean of Agricultural Consumer and | ||||||
11 | Environmental Sciences of Agriculture at the
University of | ||||||
12 | Illinois at Urbana-Champaign ;
| ||||||
13 | (6) two members, appointed by the Governor, who shall | ||||||
14 | be private timber
growers;
| ||||||
15 | (7) one member, appointed by the president of a | ||||||
16 | statewide association involved in promoting wood products | ||||||
17 | the Illinois Wood Products
Association , who shall be | ||||||
18 | involved in primary forest forestry industry;
| ||||||
19 | (8) one member, appointed by the president of a | ||||||
20 | statewide association involved in promoting wood products | ||||||
21 | the Illinois Wood Products
Association , who shall be | ||||||
22 | involved in secondary forest forestry industry;
| ||||||
23 | (9) one member who is actively involved in | ||||||
24 | environmental issues, appointed
by the Governor;
| ||||||
25 | (10) the president of a statewide association involved | ||||||
26 | in promoting soil and water conservation the Association of |
| |||||||
| |||||||
1 | Illinois Soil and Water
Conservation Districts ;
| ||||||
2 | (11) two persons who are actively engaged in farming, | ||||||
3 | appointed by the
Governor;
| ||||||
4 | (12) one member, appointed by the Governor, whose | ||||||
5 | primary area of
expertise is urban forestry;
| ||||||
6 | (13) one member appointed by the president of a | ||||||
7 | statewide organization of arborists President of the | ||||||
8 | Illinois Arborists
Association ;
| ||||||
9 | (14) the Supervisor of the Shawnee National Forest and | ||||||
10 | the United States
Department of Agriculture Natural | ||||||
11 | Resource Conservation Service's
State Conservationist, ex | ||||||
12 | officio, or their designees ; .
| ||||||
13 | (15) the president of a statewide association involved | ||||||
14 | in promoting Illinois forestry; | ||||||
15 | (16) the president of a statewide association involved | ||||||
16 | in promoting Illinois walnut trees; | ||||||
17 | (17) the chair of a statewide association involved in | ||||||
18 | promoting Illinois tree farms; | ||||||
19 | (18) the president of a statewide association of | ||||||
20 | American foresters; and | ||||||
21 | (19) the president of a statewide association | ||||||
22 | promoting Illinois wildlife. | ||||||
23 | For those appointees that are currently serving on the | ||||||
24 | Council prior to the effective date of this amendatory Act of | ||||||
25 | the 95th General Assembly, their term shall expire 2 years | ||||||
26 | after that effective date. |
| |||||||
| |||||||
1 | (c) Members of the Council shall serve without compensation | ||||||
2 | but shall
be reimbursed for actual expenses incurred in the | ||||||
3 | performance of their duties
which are not otherwise reimbursed.
| ||||||
4 | (d) The Council shall select from its membership a | ||||||
5 | chairperson and
such other officers as it considers necessary.
| ||||||
6 | (e) Other individuals, agencies and organizations may be | ||||||
7 | invited to
participate as deemed advisable by the Council.
| ||||||
8 | (f) The Council shall study and evaluate the forest | ||||||
9 | forestry resources and forest
forestry industry of Illinois. | ||||||
10 | The Council shall:
| ||||||
11 | (1) determine the magnitude, nature and extent of the | ||||||
12 | State's forest forestry
resources;
| ||||||
13 | (2) determine current uses and project future demand | ||||||
14 | for forest products,
services and benefits in Illinois;
| ||||||
15 | (3) determine and evaluate the ownership | ||||||
16 | characteristics of the State's
forests, the motives for | ||||||
17 | forest ownership and the success of incentives
necessary to | ||||||
18 | stimulate development of forest resources;
| ||||||
19 | (4) determine the economic development and management | ||||||
20 | opportunities that
could result from improvements in local | ||||||
21 | and regional forest product
marketing and from the | ||||||
22 | establishment of new or additional wood-related
businesses | ||||||
23 | in Illinois;
| ||||||
24 | (5) confer with and offer assistance to the Illinois | ||||||
25 | Finance
Authority relating to its implementation of forest | ||||||
26 | industry assistance
programs authorized by the Illinois |
| |||||||
| |||||||
1 | Finance Authority Act;
| ||||||
2 | (6) determine the opportunities for increasing | ||||||
3 | employment and economic
growth through development of | ||||||
4 | forest resources;
| ||||||
5 | (7) determine the effect of current governmental | ||||||
6 | policies and regulations
on the management of woodlands and | ||||||
7 | the location of wood products markets;
| ||||||
8 | (8) determine the staffing and funding needs for forest | ||||||
9 | forestry and other
conservation programs to support and | ||||||
10 | enhance forest resources development;
| ||||||
11 | (9) determine the needs of forest forestry education | ||||||
12 | programs in this State;
| ||||||
13 | (10) confer with and offer assistance to the Department | ||||||
14 | of Natural
Resources relating to the implementation of | ||||||
15 | urban forest forestry assistance grants
pursuant to the | ||||||
16 | Urban and Community Forestry Assistance Act; and
| ||||||
17 | (11) determine soil and water conservation benefits | ||||||
18 | and wildlife habitat
enhancement opportunities that can be | ||||||
19 | promoted through approved forest forestry
management | ||||||
20 | plans.
| ||||||
21 | (g) The Council shall report (i) its findings and | ||||||
22 | recommendations for
future State action and (ii) its evaluation | ||||||
23 | of Urban/Community Forestry
Assistance Grants to the General | ||||||
24 | Assembly no later than July 1 of each year.
| ||||||
25 | (h) This Section 6a is repealed December 31, 2018 2008 .
| ||||||
26 | (i) Notwithstanding any other rulemaking authority that |
| |||||||
| |||||||
1 | may exist, neither the Governor nor any agency or agency head | ||||||
2 | under the jurisdiction of the Governor has any authority to | ||||||
3 | make or promulgate rules to implement or enforce the provisions | ||||||
4 | of this amendatory Act of the 95th General Assembly. If, | ||||||
5 | however, the Governor believes that rules are necessary to | ||||||
6 | implement or enforce the provisions of this amendatory Act of | ||||||
7 | the 95th General Assembly, the Governor may suggest rules to | ||||||
8 | the General Assembly by filing them with the Clerk of the House | ||||||
9 | and the Secretary of the Senate and by requesting that the | ||||||
10 | General Assembly authorize such rulemaking by law, enact those | ||||||
11 | suggested rules into law, or take any other appropriate action | ||||||
12 | in the General Assembly's discretion. Nothing contained in this | ||||||
13 | amendatory Act of the 95th General Assembly shall be | ||||||
14 | interpreted to grant rulemaking authority under any other | ||||||
15 | Illinois statute where such authority is not otherwise | ||||||
16 | explicitly given. For the purposes of this subsection, "rules" | ||||||
17 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
18 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
19 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
20 | the Illinois Administrative Procedure Act to the extent that | ||||||
21 | such definitions apply to agencies or agency heads under the | ||||||
22 | jurisdiction of the Governor. | ||||||
23 | (Source: P.A. 93-205, eff. 1-1-04; 94-793, eff. 5-19-06.)
| ||||||
24 | (525 ILCS 15/7) (from Ch. 96 1/2, par. 9107)
| ||||||
25 | Sec. 7. The Illinois Forestry Development Fund, a special |
| |||||||
| |||||||
1 | fund in the State
Treasury, is hereby created. The Department | ||||||
2 | of Natural Resources shall pay into the Fund all fees and fines | ||||||
3 | collected
from timber buyers and landowners and operators | ||||||
4 | pursuant to the "Timber
Buyers Licensing Act", and the "Forest
| ||||||
5 | Products Transportation Act", all gifts, contributions, | ||||||
6 | bequests, grants,
donations, transfers, appropriations and all | ||||||
7 | other revenues and receipts
resulting from forest forestry | ||||||
8 | programs, forest product sales, and operations of
facilities | ||||||
9 | not otherwise directed by State law and shall pay
such monies | ||||||
10 | appropriated from the Fund to timber growers for
implementation | ||||||
11 | of acceptable forest forestry management practices as
provided | ||||||
12 | in Section 5 of this Act. Monies may be appropriated
from the | ||||||
13 | Fund for the expenses of the Illinois Forestry Development | ||||||
14 | Council.
Ordinary operating expenses of the Forest Resources | ||||||
15 | Division of the
Department, for the administration and | ||||||
16 | implementation of this Act, the
development and implementation | ||||||
17 | of a wood industry marketing, development
and promotions | ||||||
18 | program and other programs beneficial to advancing forests
and | ||||||
19 | forest forestry in this State, as deemed appropriate by the | ||||||
20 | General Assembly,
may be appropriated from this fund to the | ||||||
21 | extent such appropriations
preserve the receipts to the Fund | ||||||
22 | derived from Section 9a of the "Timber
Buyers Licensing Act".
| ||||||
23 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|