GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 457

Short Title:  Amend Forest Development Act/AB.	(Public)

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Sponsors: Representatives Weatherly; Brown, Kiser, Gulley, Mitchell, Morris, and G. Wilson.

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Referred to:  Agriculture, if favorable, Finance.

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March 10, 1997

A BILL TO BE ENTITLED
AN ACT TO ALLOW RECOVERY OF FUNDS PAID AS FOREST DEVELOPMENT COST-SHARING PAYMENTS WHEN TREES ARE NOT MAINTAINED AT LEAST TEN YEARS AND TO CONVERT THE FOREST DEVELOPMENT FUND TO ONE THAT ACCRUES INTEREST.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113A-178 reads as rewritten:
"§ 113A-178.  Definitions.
As used in this Article:
(1)	‘Approved forest management plan' means the forest management plan submitted by the eligible landowner and approved by the Secretary. Such plan shall include forest management practices to insure both maximum forest productivity and environmental protection of the lands to be treated under the management plan.
(2)	‘Approved practices' mean those silvicultural practices approved by the Secretary for the purpose of commercially growing timber through the establishment of forest stands, or of insuring the proper regeneration of forest stands to commercial production levels following the harvest of mature timber. Such practices shall include those required to accomplish site preparation, natural and artificial forestation, noncommercial removal of residual stands for silvicultural purposes, and cultivation of established young growth of desirable trees. In each case, approved practices will be determined by the needs of the individual forest stand. These practices shall include existing practices and such practices as are developed in the future to insure both maximum forest productivity and environmental protection.
(3)	‘Department' means the Department of Environment, Health, and Natural Resources.
(4)	‘Eligible landowner' means a private individual, group, association or corporation owning land suitable for forestry purposes. Where forest land is owned jointly by more than one individual, group, association or corporation, as tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purpose of this Article, as one eligible landowner and entitled to receive cost-sharing payments as provided herein only once during each fiscal year.
(5)	‘Eligible land' means land owned by an eligible landowner.
(6)	‘Forest development assessment' means an assessment on primary forest products from timber severed in North Carolina for the funding of the provisions of this Article, as authorized by the General Assembly.
(7)	‘Forest development cost-sharing payment' means financial assistance to partially cover the costs of implementing approved practices in such amounts as the Secretary shall determine, subject to the limitations of this Article.
(8)	‘Forest development fund' means the special nonlapsing fund established in the Department of Environment, Health, and Natural Resources, designated as the Forest Development Fund, created by G.S. 113A-183.
(9)	‘Secretary' means the Secretary of Environment, Health, and Natural Resources.
(10)	‘Maintain' means to make every reasonable effort to protect the reforested area from destructive fire and grazing, insects, disease, noxious weeds, and being cleared or partially cleared of trees for any purpose other than as provided in an approved forest management plan."
Section 2.  G.S. 113A-181 is amended by adding a new subsection to read:
"( d)	For a 10-year period, eligible landowners shall maintain the areas and trees treated by the approved practices in accordance with the approved forest management plan, and any landowner who fails to do so shall repay to the Fund all cost-sharing funds received for the affected area."
Section 3.  G.S. 113A-183 reads as rewritten:
"§ 113A-183.  Forest Development Fund.
(a)	The Forest Development Fund is created in the Department of Environment, Health, and Natural Resources as a nonreverting fund, for which fiscal management and responsibility are vested in the Secretary.  The Fund is a special trust fund, and the State Treasurer shall credit interest to the Fund.
(b)	This Fund shall be the depository for all revenue derived from the forest development assessment on primary forest product processors as authorized by the General Assembly, for any funds appropriated specifically for the forest development program from the General Fund, for monetary contribution and donations, and for accrued interest. Revenues derived from the forest development assessment shall remain in the Forest Development Fund until expended under the provisions of this Article.
	(d)	In any fiscal year, no more than five percent (5%) of the available funds generated by the Primary Forest Product Processor Assessment Act shall be used for program support under the provisions of G.S. 113A-179(c).
(e)	Funds used for the purchase of equipment under the provisions of G.S. 113A-179(d) shall be limited to appropriations from the general fund to the Forest Development Fund designated specifically for equipment purchase."
Section 4.  This act becomes effective June 30, 1997.