102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3602

 

Introduced 1/19/2022, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
525 ILCS 15/5  from Ch. 96 1/2, par. 9105

    Amends the Illinois Forestry Development Act. Provides that in order to be eligible to submit a forest management plan to participate in the cost share program, a timber grower must own or operate at least 5 contiguous acres (instead of 10 contiguous acres) of land in this State on which timber is produced. Makes a corresponding change.


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A BILL FOR

 

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1    AN ACT concerning conservation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Forestry Development Act is
5amended by changing Section 5 as follows:
 
6    (525 ILCS 15/5)  (from Ch. 96 1/2, par. 9105)
7    Sec. 5. A forest development cost share program is created
8and shall be administered by the Department of Natural
9Resources.
10    A timber grower who desires to participate in the cost
11share program shall devise a forest management plan. To be
12eligible to submit a proposed forest management plan, a timber
13grower must own or operate at least 5 10 contiguous acres of
14land in this State on which timber is produced, except that, no
15acre on which a permanent building is located shall be
16included in calculations of acreage for the purpose of
17determining eligibility. Timber growers with Department
18approved forest management plans covering less than 10 acres
19in effect on or before the effective date of this amendatory
20Act of the 96th General Assembly shall continue to be eligible
21under the Illinois Forestry Development Act provisions. The
22proposed forest management plan shall include a description of
23the land to be managed under the plan, a description of the

 

 

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1types of timber to be grown, a projected harvest schedule, a
2description of forest management practices to be applied to
3the land, an estimation of the cost of such practices, plans
4for afforestation, plans for regenerative harvest and
5reforestation, and a description of soil and water
6conservation goals and wildlife habitat enhancement which will
7be served by implementation of the forest management plan.
8    Upon receipt from a timber grower of a draft forest
9management plan, the Department shall review the plan and, if
10necessary, assist the timber grower to revise the plan. The
11Department shall officially approve acceptable plans. Forest
12management plans shall be revised as necessary and all
13revisions must be approved by the Department. A plan shall be
14evaluated every 2 years for reapproval.
15    The eligible land shall be maintained in a forest
16condition for a period of 10 years or until commercial
17harvest, whichever last occurs, as required by the plan.
18    The Department shall enter into agreements with timber
19growers with approved forest management plans under which the
20Department shall agree to pay a share of the total cost of
21acceptable forest management plans and practices implemented
22under the plan. The cost share amount is up to 80% of the total
23cost of the forest management practices for such practices
24approved to be funded from monies appropriated for this
25purpose for subsequent fiscal years. Cost share funds shall be
26paid from monies appropriated to the Department by the General

 

 

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1Assembly for that purpose from the Illinois Forestry
2Development Fund or any other fund in the State Treasury.
3    The Department, upon recommendations made to it by the
4Council, may provide for the categorization of forest
5management practices and determine an appropriate cost share
6percentage for each such category. Forest management practices
7submitted by timber growers on whose timber sales fees of 4% of
8the sale amount were paid as provided in Section 9a of the
9"Timber Buyers Licensing Act", approved September 1, 1969, may
10be accorded a priority for approval within the assigned
11category. Such timber growers may receive a cost share amount
12which is increased above the amount for which they would
13otherwise qualify by an amount equal to the fees paid by the
14timber grower on sales occurring in the 2 fiscal years
15immediately preceding the fiscal year in which the forest
16management practices are approved and funded; provided,
17however, that the total cost share amount shall not exceed the
18total cost of the approved forest management practices.
19    Upon transfer of his or her right and interest in the land
20or a change in land use, the timber grower shall forfeit all
21rights to future payments and other benefits resulting from an
22approved plan and shall refund to the Department all payments
23received therefrom during the previous 10 years unless the
24transferee of any such land agrees with the Department to
25assume all obligations under the plan.
26(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)