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| Public Act 096-0217 |
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AN ACT concerning conservation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Forestry Development Act is amended | ||||
by changing Sections 2, 4, 5, 6b, and 7 as follows:
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(525 ILCS 15/2) (from Ch. 96 1/2, par. 9102)
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Sec. 2. The following words shall have the meanings | ||||
ascribed to them
in this Section:
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(a) "Acceptable forest forestry management practices" | ||||
means preparation of a forest
forestry management plan, site | ||||
preparation,
brush control, purchase of planting stock, | ||||
planting, weed and pest control,
fire control, fencing, fire | ||||
management practices, timber stand improvement,
timber harvest | ||||
and any other practices determined by the Department of
Natural | ||||
Resources to be essential to responsible timber
management.
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(b) "Approved forest forestry management plan" means a | ||||
management plan approved
by the Department of Natural Resources | ||||
pursuant to Section
5 of this Act.
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(c) "Council" means the Illinois Council on Forestry | ||||
Development Council
created by this Act.
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(d) "Department" means the Department of Natural | ||||
Resources.
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(e) "Forest product" means timber which can be used for | ||||
sawing or processing
into lumber for building or structural | ||
purposes, for pulp paper, chemicals
or fuel, for the | ||
manufacture of furniture, or for the manufacture of any
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article.
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(f) "Fund" means the Illinois Forestry Development Fund | ||
created by this Act.
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(g) "Timber" means trees, standing or felled, and parts | ||
thereof, excluding
Christmas trees and producers of firewood.
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(h) "Timber buyer" means any person defined as a timber | ||
buyer pursuant
to Section 2 of the "Timber Buyers Licensing | ||
Act", approved September 15,
1969, as amended.
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(i) "Timber grower" means the owner, tenant or operator of | ||
land in this
State who has an interest in, or is entitled to | ||
receive any part of the
proceeds from, the sale of timber grown | ||
in this State and includes persons
exercising authority to sell | ||
timber.
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(Source: P.A. 89-445, eff. 2-7-96.)
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(525 ILCS 15/4) (from Ch. 96 1/2, par. 9104)
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Sec. 4. The Department shall:
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(a) Implement the forest forestry development cost share | ||
program created by Section
5 of this Act and coordinate with | ||
the United States Department of Agriculture
- Natural Resource | ||
Conservation Service Soil Conservation Service and the Farm | ||
Service Agency Agricultural Stabilization and Conservation
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Service in the administration of that such program.
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(b) Approve acceptable forest forestry management plans as | ||
required by Section 5 of
this Act.
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(c) Provide assistance to the Illinois Council on
Forestry | ||
Development Council.
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(d) Promote the development of an active forest forestry | ||
industry in this State
by providing information to timber | ||
growers relating to acceptable management
practices, | ||
suitability of various kinds of timber to various land types,
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marketability of various types of timber, market strategies | ||
including marketing
cooperatives, availability of State and | ||
federal government assistance, soil
and water conservation | ||
benefits, and wildlife habitat enhancement
opportunities.
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(e) Provide any aid or information requested by the | ||
Illinois
Finance
Authority in relation to forest forestry | ||
industry assistance programs implemented
under the Illinois | ||
Finance Authority
Act.
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(Source: P.A. 93-205, eff. 1-1-04.)
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(525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)
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Sec. 5. A forest forestry development cost share program is | ||
created and shall
be administered by the Department of Natural | ||
Resources.
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A timber grower who desires to participate in the cost | ||
share program shall
devise a forest forestry management plan. | ||
To be eligible to submit a proposed forest
forestry management | ||
plan, a timber grower must own or operate at least 10 5
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contiguous acres of land in this State on which timber is | ||
produced, except
that, no acre on which a permanent building is | ||
located shall be included
in calculations of acreage for the
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purpose of determining eligibility. Timber growers with | ||
Department approved forest management plans covering less than | ||
10 acres in effect on or before the effective date of this | ||
amendatory Act of the 96th General Assembly shall continue to | ||
be eligible under the Illinois Forestry Development Act | ||
provisions. The proposed forest forestry management plan
shall | ||
include a description of the land to be managed under the plan, | ||
a
description of the types of timber to be grown, a projected | ||
harvest schedule,
a description of forest forestry management | ||
practices to be applied to the land,
an estimation of the cost
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of such practices, plans for afforestation, plans for | ||
regenerative harvest
and reforestation, and a description of | ||
soil and water conservation goals
and wildlife habitat | ||
enhancement which will be served by implementation of the | ||
forest
forestry management plan.
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Upon receipt from a timber grower of a draft forest | ||
forestry management plan,
the Department shall review the plan | ||
and, if necessary, assist the timber
grower to revise the plan. | ||
The Department shall officially approve acceptable
plans. | ||
Forest Forestry management plans shall be revised as necessary | ||
and all
revisions must be approved by the Department. A plan | ||
shall be evaluated every 2 years
annually for reapproval.
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The eligible land shall be maintained in a forest condition | ||
for a
period of 10 years or until commercial harvest, whichever | ||
last occurs, as
required by the plan.
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The Department shall enter into agreements with timber | ||
growers with approved forest
forestry management plans under | ||
which the Department shall agree to pay
a share of the total | ||
cost of acceptable forest forestry management
plans and | ||
practices implemented under the plan. The cost share amount
is | ||
up to 80% of the total cost of the forest forestry management
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practices for such practices approved to be funded from monies
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appropriated for this purpose for subsequent fiscal years.
Cost | ||
share funds shall be paid from monies appropriated to the | ||
Department
by the General Assembly for that purpose from the | ||
Illinois Forestry Development
Fund or any other fund in the | ||
State Treasury.
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The Department, upon recommendations made to it by the | ||
Council, may
provide for the categorization of forest forestry | ||
management practices and determine
an appropriate cost share | ||
percentage for each such category. Forest Forestry
management | ||
practices
submitted by timber growers on whose timber sales | ||
fees of 4% of the sale
amount were paid as provided in Section | ||
9a of the "Timber Buyers Licensing
Act", approved September 1, | ||
1969, may be accorded a priority for approval
within the | ||
assigned category. Such timber growers may receive a cost share
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amount which is increased
above the amount for which they would | ||
otherwise qualify by an amount equal to not
to exceed 50% of | ||
the fees paid by the timber grower on his sales occurring in | ||
the
2 fiscal years immediately preceding the fiscal year in
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which the forest forestry
management practices are approved and | ||
funded; provided, however, that the
total cost share amount | ||
shall not exceed the total cost of the approved forest
forestry | ||
management practices.
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Upon transfer of his or her his right and interest in the | ||
land or a change in
land use, the timber grower shall forfeit | ||
all rights to future payments and
other benefits resulting from | ||
an approved plan and shall refund to the
Department all | ||
payments received therefrom during the previous 10 years
unless | ||
the transferee of any such land agrees with the Department to | ||
assume
all obligations under the plan.
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(Source: P.A. 89-445, eff. 2-7-96.)
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(525 ILCS 15/6b new)
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Sec. 6b. Illinois Forestry Development Council. | ||
(a) The Illinois Forestry Development Council is created by | ||
this
amendatory Act of the 96th General Assembly. | ||
(b) The Council shall consist of 29 members appointed as | ||
follows: | ||
(1) four members of the General Assembly, one appointed | ||
by the President
of the Senate, one appointed by the Senate | ||
Minority Leader, one appointed by
the Speaker of the House | ||
of Representatives, and one appointed by the House
Minority | ||
Leader; | ||
(2) one member appointed by the Governor to represent | ||
the Governor; | ||
(3) the Directors of the Departments of Natural | ||
Resources, Agriculture,
and Commerce and Economic | ||
Opportunity, the Executive Director of the Illinois
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Finance Authority, and the Director of the Office of Rural | ||
Affairs, or
their designees; | ||
(4) the chair of the Department of Forestry or a | ||
forestry academician,
appointed by the Dean of | ||
Agricultural Sciences at Southern Illinois University at
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Carbondale; | ||
(5) the head of the Department of Natural Resources and | ||
Environmental
Sciences or a forestry academician, | ||
appointed by the Dean of Agricultural Consumer and | ||
Environmental Sciences of the
University of Illinois at | ||
Urbana-Champaign; | ||
(6) two members, appointed by the Governor, who shall | ||
be private timber
growers; | ||
(7) one member, appointed by the president of a | ||
statewide association involved in promoting wood products, | ||
who shall be involved in primary forest industry; | ||
(8) one member, appointed by the president of a | ||
statewide association involved in promoting wood products, | ||
who shall be involved in secondary forest industry; | ||
(9) one member who is actively involved in | ||
environmental issues, appointed
by the Governor; | ||
(10) the president of a statewide association involved | ||
in promoting soil and water conservation; | ||
(11) two persons who are actively engaged in farming, | ||
appointed by the
Governor; | ||
(12) one member, appointed by the Governor, whose | ||
primary area of
expertise is urban forestry; | ||
(13) one member appointed by the president of a | ||
statewide organization of arborists; | ||
(14) the Supervisor of the Shawnee National Forest and | ||
the United States
Department of Agriculture Natural | ||
Resource Conservation Service's
State Conservationist, ex | ||
officio, or their designees; | ||
(15) the president of a statewide association involved | ||
in promoting Illinois forestry; | ||
(16) the president of a statewide association involved | ||
in promoting Illinois walnut trees; | ||
(17) the chair of a statewide association involved in | ||
promoting Illinois tree farms; | ||
(18) the president of a statewide association of | ||
American foresters; and | ||
(19) the president of a statewide association | ||
promoting Illinois wildlife. | ||
(c) Members of the Council shall serve without compensation | ||
but shall
be reimbursed for actual expenses incurred in the | ||
performance of their duties
which are not otherwise reimbursed. | ||
(d) The Council shall select from its membership a | ||
chairperson and
such other officers as it considers necessary. | ||
Appointees to the Council shall serve for an initial term of 2 | ||
years and may be reappointed for one additional term. | ||
(e) Other individuals, agencies and organizations may be | ||
invited to
participate as deemed advisable by the Council. | ||
(f) The Council shall study and evaluate the forest | ||
resources and forest industry of Illinois. The Council shall: | ||
(1) determine the magnitude, nature and extent of the | ||
State's forest resources; | ||
(2) determine current uses and project future demand | ||
for forest products,
services and benefits in Illinois; | ||
(3) determine and evaluate the ownership | ||
characteristics of the State's
forests, the motives for | ||
forest ownership and the success of incentives
necessary to | ||
stimulate development of forest resources; | ||
(4) determine the economic development and management | ||
opportunities that
could result from improvements in local | ||
and regional forest product
marketing and from the | ||
establishment of new or additional wood-related
businesses | ||
in Illinois; | ||
(5) confer with and offer assistance to the Illinois | ||
Finance
Authority relating to its implementation of forest | ||
industry assistance
programs authorized by the Illinois | ||
Finance Authority Act; | ||
(6) determine the opportunities for increasing | ||
employment and economic
growth through development of | ||
forest resources; | ||
(7) determine the effect of current governmental | ||
policies and regulations
on the management of woodlands and | ||
the location of wood products markets; | ||
(8) determine the staffing and funding needs for forest | ||
and other
conservation programs to support and enhance | ||
forest resources development; | ||
(9) determine the needs of forest education programs in | ||
this State; | ||
(10) confer with and offer assistance to the Department | ||
of Natural
Resources relating to the implementation of | ||
urban forest assistance grants
pursuant to the Urban and | ||
Community Forestry Assistance Act; and | ||
(11) determine soil and water conservation benefits | ||
and wildlife habitat
enhancement opportunities that can be | ||
promoted through approved forest management plans. | ||
(g) The Council shall report (i) its findings and | ||
recommendations for
future State action and (ii) its evaluation | ||
of Urban/Community Forestry
Assistance Grants to the General | ||
Assembly no later than July 1 of each year.
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(525 ILCS 15/7) (from Ch. 96 1/2, par. 9107)
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Sec. 7. The Illinois Forestry Development Fund, a special | ||
fund in the State
Treasury, is hereby created. The Department | ||
of Natural Resources shall pay into the Fund all fees and fines | ||
collected
from timber buyers and landowners and operators | ||
pursuant to the "Timber
Buyers Licensing Act", and the "Forest
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Products Transportation Act", all gifts, contributions, | ||
bequests, grants,
donations, transfers, appropriations and all | ||
other revenues and receipts
resulting from forestry programs, | ||
forest product sales, and operations of
facilities not | ||
otherwise directed by State law and shall pay
such monies | ||
appropriated from the Fund to timber growers for
implementation | ||
of acceptable forest forestry management practices as
provided | ||
in Section 5 of this Act. Monies may be appropriated
from the | ||
Fund for the expenses of the Illinois Forestry Development | ||
Council.
Ordinary operating expenses of the Forest Resources | ||
Division of the
Department, for the administration and | ||
implementation of this Act, the
development and implementation | ||
of a wood industry marketing, development
and promotions | ||
program and other programs beneficial to advancing forests
and | ||
forestry in this State, as deemed appropriate by the General | ||
Assembly,
may be appropriated from this fund to the extent such | ||
appropriations
preserve the receipts to the Fund derived from | ||
Section 9a of the "Timber
Buyers Licensing Act".
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(Source: P.A. 89-445, eff. 2-7-96.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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