A BILL TO BE ENTITLED
AN ACT to transfer the division of Forest Resources and the forestry council of the department of environment and natural resources to the department of agriculture and consumer services and to make conforming changes.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer as defined by G.S. 143A‑6.
SECTION 1.(b)  G.S. 143B‑279.3(a) reads as rewritten:
"(a)	All functions, powers, duties, and obligations previously vested in the following subunits of the following departments are  transferred to and vested in the Department of Environment and Natural Resources by a Type I transfer, as defined in G.S. 143A‑6:
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SECTION 1.(c)  Article 7 of Chapter 143A of the General Statutes is amended by adding a new section to read:
"§ 143A‑65.1.  Division of Forest Resources; transfer.
(a)	The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer as defined by G.S. 143A‑6.
(b)	The Department of Agriculture shall have charge of the work of forest maintenance, forest fire prevention, reforestation, and the protection of lands and water supplies by the preservation of forests; it shall also have the care of State forests and parks, and other recreational areas now owned or to be acquired by the State, including the lakes referred to in G.S. 146‑7."
SECTION 2.(a)  All functions, powers, duties, and obligations previously vested in the Forestry Council are transferred from the Department of Environment and Natural Resources to and vested in the Department of Agriculture and Consumer Services by a Type II transfer, as defined in G.S. 143A‑6.
SECTION 2.(b)  G.S. 143B‑279.3(b) reads as rewritten:
"(b)	All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, and committees of the following departments are transferred to and vested in the Department of Environment and Natural Resources by a Type II transfer, as defined in G.S. 143A‑6:
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SECTION 2.(c)  Part 12 of Article 7 of Chapter 143B of the General Statutes (G.S. 143B‑308, 143B‑309, and 143B‑310) is recodified in Article 7 of Chapter 143A of the General Statutes as G.S. 143A‑66.1, 143A‑66.2, and 143A‑66.3.  
SECTION 2.(d)  G.S. 143A‑66.1, as recodified in Section 2(c) of this act, reads as rewritten:
"§ 143A‑66.1.  Forestry Council – creation; powers and duties.
There is hereby created the Forestry Council of the Department of Agriculture and Consumer Services. The Forestry Council shall have the following functions and duties:
(1)	To advise the Commissioner of Agriculture with respect to all matters concerning the protection, management, and preservation of State‑owned, privately owned, and municipally owned forests in the State, including but not limited to:
a.	Profitable use of the State's forests consistent with the principles of sustained productivity.
b.	Best management practices, including those for protection of soil, water, wildlife, and wildlife habitat, to be used in managing the State's forests and their resources.
c.	Restoration of forest ecosystems and protection of rare and endangered species occurring in the State's private forests consistent with principles of private ownership of land.
(2)	To maintain oversight of a continuous monitoring and planning process, to provide a long‑range, comprehensive plan for the use, management, and sustainability of North Carolina's forest resources, and to report regularly on progress made toward meeting the objectives of the plan.
(3)	To provide a forum for the identification, discussion, and development of recommendations for the resolution of conflicts in the management of North Carolina's forests.
(4)	To undertake any other studies, make any reports, and advise the Commissioner of Agriculture on any matter as the Commissioner may direct."
SECTION 2.(e)  G.S. 143A‑66.2, as recodified in Section 2(c) of this act, reads as rewritten:
"§ 143A‑66.2.  Forestry Council – members; chairperson; selection; removal; compensation; quorum.
(a)	The Forestry Advisory Council of the Department of Agriculture and Consumer Services shall consist of 18 members appointed as follows:
(1)	Three persons who are registered foresters and who represent the primary forest products industry, one each from the Mountains, Piedmont and Coastal Plain.
(2)	One person who represents the secondary wood‑using industry.
(3)	One person who represents the logging industry.
(4)	Four persons who are nonindustrial woodland owners actively involved in forest management, one of whom has agricultural interests, and at least one each from the Mountains, Piedmont, and Coastal Plain.
(5)	Three persons who are members of statewide environmental or wildlife conservation organizations.
(6)	One consulting forester.
(7)	Two persons who are forest scientists with knowledge of the functioning and management of forest ecosystems.
(8)	One person who represents a banking institution that manages forestland.
(9)	One person with expertise in urban forestry.
(10)	One person with active experience in city and regional planning.
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(h)	All clerical and other services required by the Council, including the support required to carry out studies it is requested to make, shall be supplied by the Commissioner of Agriculture."
SECTION 3.  G.S. 106‑22 is amended by adding two new subdivisions to read:
"(18)	Forests. – Have charge of forest maintenance, forest fire protection, reforestation, and the protection of the forests.
(19)	State Forests. – Have charge of all State forests and measures for forest fire prevention."
SECTION 4.  The Revisor of Statutes shall make the conforming statutory changes necessary to reflect the transfers under Section 1 of this act. The Revisor of Statutes may correct any reference in the General Statutes to the statutes that are recodified by this act and make any other conforming changes necessitated by this act.
SECTION 5.  This act becomes effective July 1, 2011.