Text: HF02350 Text: HF02352 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 456C.1 DEFINITIONS.
1 2 1. "Cost-share" or "cost-sharing" means a contribution of
1 3 money made by the state in order to pay a percentage of the
1 4 costs related to the establishment of forestation practices
1 5 under a forestation agreement.
1 6 2. "Division" means the forests and forestry division of
1 7 the department of natural resources as established pursuant to
1 8 section 455A.7.
1 9 3. "Forestation agreement" means an agreement by a
1 10 landowner and the division to establish forestation practices
1 11 as provided in programs administered under this chapter in
1 12 return for program assistance.
1 13 4. "Forestland" means stands of native or introduced
1 14 forest plantation of at least three acres, including trees
1 15 located on privately owned land. However, a stand of fruit
1 16 trees or Christmas trees is not forestland.
1 17 5. "Forestation practice" means a practice designed to do
1 18 any of the following:
1 19 a. Increase the growth and quality of forest stands and
1 20 improve wildlife habitat having a minimum eligible area of at
1 21 least five acres.
1 22 b. Establish a stand of trees for timber production and
1 23 environmental improvement, having a minimum eligible area of
1 24 at least three acres.
1 25 c. Prepare a site for natural regeneration, in order to
1 26 establish a stand of forest trees through natural regeneration
1 27 for timber production and environmental improvement with a
1 28 minimum eligible area of three acres.
1 29 d. Rescue forest plantations from conditions that would
1 30 threaten the adequate survival or quality of the plantation if
1 31 not controlled with a minimum eligible area of at least three
1 32 acres.
1 33 6. "Professional forester" means a forestry graduate of an
1 34 accredited college or university, who has a minimum of two
1 35 years of forest management experience.
2 1 Sec. 2. NEW SECTION. 456C.2 ADMINISTRATION.
2 2 Financial incentives provided under this chapter shall be
2 3 administered by the division. The incentives shall be
2 4 supported with funds appropriated by the general assembly and
2 5 moneys available to or obtained by the division from public or
2 6 private sources, including but not limited to the United
2 7 States, other states, or private organizations for placement
2 8 in the reforestation fund as provided in section 456C.5. The
2 9 division shall adopt all rules consistent with chapter 17A
2 10 necessary to carry out the purposes of this chapter. In
2 11 administering this chapter, the division may contract, sue and
2 12 be sued. The division shall not in any manner directly or
2 13 indirectly pledge the credit of the state.
2 14 Sec. 3. NEW SECTION. 456C.3 PROGRAMS FOR THE VOLUNTARY
2 15 ESTABLISHMENT AND MAINTENANCE OF FORESTATION PRACTICES.
2 16 1. The division shall establish voluntary financial
2 17 incentive programs for the establishment and maintenance of
2 18 forestation practices. The programs shall provide for the
2 19 execution of forestation agreements between landowners and the
2 20 division in which the landowner agrees to establish
2 21 forestation practices in order to support a long-term viable
2 22 timberland.
2 23 2. The division shall not execute a forestation agreement
2 24 until the landowner submits a forest management plan, approved
2 25 by the division. The plan shall provide for the methods and
2 26 schedule for establishing the forestland practices. A
2 27 forestland practice required in the agreement shall not be
2 28 financed unless a professional forester has inspected the site
2 29 and determined that the practice is needed.
2 30 3. The division shall establish the rate of cost-share
2 31 based on a schedule for establishing different forestation
2 32 practices. However, the financial incentives shall not exceed
2 33 seventy-five percent of the estimated cost of establishing the
2 34 forestation practices as determined by the division or
2 35 seventy-five percent of the actual cost of establishing the
3 1 forestation practices, whichever is less.
3 2 4. The division, to the extent funding is available, shall
3 3 contract with landowners to receive assistance under programs
3 4 established pursuant to this chapter. The division may
3 5 execute forestation agreements with landowners under which
3 6 landowners are paid cost-share moneys to establish and
3 7 maintain forestation practices according to rules adopted by
3 8 the division.
3 9 5. A landowner shall repay cost-share moneys to the
3 10 division if any of the following occurs:
3 11 a. The landowner breaches the terms of a forestation
3 12 agreement.
3 13 b. The land where the practices have been established is
3 14 converted to a nonforested use.
3 15 A forestation practice shall not be removed until the owner
3 16 repays the appropriate amount of cost-share moneys to the
3 17 division. The moneys shall be deposited in the reforestation
3 18 fund created pursuant to section 456C.5. The amount of
3 19 repayment shall be a prorated share of the amount paid in
3 20 financial incentives to establish the practice as provided in
3 21 rules adopted by the division.
3 22 Sec. 4. NEW SECTION. 456C.4 TECHNICAL ASSISTANCE
3 23 PROGRAM.
3 24 The division shall establish a program to provide technical
3 25 assistance to private landowners establishing forestation
3 26 practices. The division shall provide program assistance by
3 27 contracting with professional foresters, who shall provide the
3 28 assistance according to conditions and requirements
3 29 established by the division.
3 30 Sec. 5. NEW SECTION. 456C.5 REFORESTATION FUND.
3 31 1. There is created in the general fund of the state a
3 32 reforestation fund under the control of the division. The
3 33 fund is composed of any money appropriated by the general
3 34 assembly and of any other moneys available to and obtained or
3 35 accepted by the division from the federal government or
4 1 private sources for placement in the fund. The assets of the
4 2 fund shall be used only to support programs provided in this
4 3 chapter.
4 4 2. Moneys in the fund are subject to an annual audit by
4 5 the auditor of state. The fund is subject to warrants written
4 6 by the director of revenue and finance, drawn upon the written
4 7 requisition of the division.
4 8 3. Section 8.33 shall not apply to moneys in the fund.
4 9 Notwithstanding section 12C.7, moneys earned as income,
4 10 including as interest, from the fund shall remain in the fund
4 11 until expended as provided in this section.
4 12 Sec. 6. PROGRAM APPROPRIATIONS. There is appropriated
4 13 from the general fund of the state to the reforestation fund
4 14 created pursuant to section 456C.5 for the fiscal year
4 15 beginning July 1, 1998, and ending June 30, 1999, the
4 16 following amount, or so much thereof as is necessary, to be
4 17 used for the purposes designated:
4 18 1. For purposes of supporting financial incentive programs
4 19 for the voluntary establishment and maintenance of forestation
4 20 practices as provided in section 456C.3:
4 21 .................................................. $ 1,800,000
4 22 2. For purposes of supporting the technical assistance
4 23 program as provided in section 456C.4:
4 24 .................................................. $ 400,000
4 25 Sec. 7. ADMINISTRATIVE APPROPRIATIONS. There is
4 26 appropriated from the general fund of the state to the
4 27 department of natural resources for the fiscal year beginning
4 28 July 1, 1998, and ending June 30, 1999, the following amount,
4 29 or so much thereof as is necessary, to be used for the
4 30 purposes designated:
4 31 For purposes of supporting the administration of the
4 32 forests and forestry division, including salaries, support,
4 33 maintenance, miscellaneous purposes, and for not more than the
4 34 following full-time equivalent positions:
4 35 .................................................. $ 520,000
5 1 ............................................... FTEs 9.00
5 2 1. Of the amount appropriated and the number of full-time
5 3 equivalent positions authorized pursuant to this section, not
5 4 more than $400,000 and 4.00 FTEs shall be used to support 4
5 5 professional field foresters to provide technical assistance
5 6 to landowners establishing or maintaining forestation
5 7 practices as defined in section 456C.1.
5 8 a. The division shall employ five additional field office
5 9 staff to provide increased technical assistance and promotion
5 10 of the importance of trees and forestland in this state.
5 11 b. The division shall reopen the southwest division office
5 12 that was closed in 1992.
5 13 c. The division shall employ three additional professional
5 14 foresters who shall administer forestry assistance programs in
5 15 field offices.
5 16 2. Of the number of full-time equivalent positions
5 17 authorized pursuant to this section, not more than 1.00 FTE
5 18 shall be used by the division for an information specialist to
5 19 promote and educate persons regarding the importance of
5 20 forestland, and methods required to manage forest resources.
5 21 3. Of the amount appropriated and the number of full-time
5 22 equivalent positions authorized pursuant to this section, not
5 23 more than $120,000 and 4.00 FTEs shall be used to support
5 24 persons to provide office management and clerical assistance
5 25 for each district forestry office.
5 26 EXPLANATION
5 27 This bill establishes a new Code chapter 456C which
5 28 provides for the administration of programs to encourage the
5 29 management and development of forestland in this state.
5 30 The bill establishes programs administered by the forests
5 31 and forestry division of the department of natural resources.
5 32 The division is required to establish voluntary financial
5 33 incentive programs for the establishment and maintenance of
5 34 forestation practices, in order to increase the growth and
5 35 quality of forest stands and improve wildlife habitat,
6 1 establish stands of trees for timber production and
6 2 environmental improvement, prepare sites for natural
6 3 regeneration, and rescue forest plantations from conditions
6 4 that would threaten the adequate survival or quality of the
6 5 plantation. The programs would provide cost-share moneys to
6 6 owners of land in order to establish these practices under a
6 7 plan approved by the division.
6 8 The bill establishes a program to provide technical
6 9 assistance to private landowners establishing forestation
6 10 practices. The bill requires the division to contract with
6 11 professional foresters to provide the technical assistance to
6 12 owners of forestland.
6 13 The bill provides that the programs are supported by a
6 14 reforestation fund administered by the division. The bill
6 15 appropriates $2,200,000 from the general fund of the state in
6 16 order to support the new programs. The bill appropriates
6 17 $520,000 in order to support administration of the division,
6 18 including supporting an information specialist and
6 19 professional field foresters.
6 20 LSB 3342YH 77
6 21 da/jw/5.1
Text: HF02350 Text: HF02352 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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