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| Public Act 103-0795 | ||||
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AN ACT concerning conservation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Forestry Development Act is | ||||
amended by changing Section 5 as follows: | ||||
(525 ILCS 15/5) (from Ch. 96 1/2, par. 9105) | ||||
Sec. 5. A forest development cost share program is created | ||||
and shall be administered by the Department of Natural | ||||
Resources. | ||||
A timber grower who desires to participate in the cost | ||||
share program shall devise a forest management plan. To be | ||||
eligible to submit a proposed forest management plan, a timber | ||||
grower must own or operate at least 10 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 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 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 management practices to be applied to | ||
the land, an estimation of the cost 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 management plan. | ||
Upon receipt from a timber grower of a draft forest | ||
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 | ||
management plans shall be revised as necessary and all | ||
revisions must be approved by the Department. A plan shall be | ||
evaluated every 2 years for reapproval. | ||
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. | ||
The Department shall enter into agreements with timber | ||
growers with approved forest management plans under which the | ||
Department shall agree to pay a share of the total cost of | ||
acceptable forest management plans and practices implemented | ||
under the plan. The cost share amount is up to 80% of the total | ||
cost of the forest management practices for such practices | ||
approved to be funded from monies 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. | ||
Starting in 2025, the Department shall file a report in | ||
writing to the General Assembly on or before March 1 of each | ||
year with the following information from the preceding year: | ||
the total number of agreements entered into pursuant to this | ||
Section, the total amount of payments made pursuant to this | ||
Section from the Illinois Forestry Development Fund, and the | ||
total number of acres that were affected by the payments. | ||
The Department, upon recommendations made to it by the | ||
Council, may provide for the categorization of forest | ||
management practices and determine an appropriate cost share | ||
percentage for each such category. Forest 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 amount | ||
which is increased above the amount for which they would | ||
otherwise qualify by an amount equal to the fees paid by the | ||
timber grower on sales occurring in the 2 fiscal years | ||
immediately preceding the fiscal year in which the forest | ||
management practices are approved and funded; provided, | ||
however, that the total cost share amount shall not exceed the | ||
total cost of the approved forest management practices. | ||
Upon transfer of his or her 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. | ||
(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||