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