Sen. John M. Sullivan

Filed: 3/30/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2587 by replacing
3everything after the enacting clause with the following:
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
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 10 contiguous acres of land
14in this State on which timber is produced, except that, no acre
15on which a permanent building is located shall be included in
16calculations of acreage for the purpose of determining



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1eligibility. Timber growers with Department approved forest
2management plans covering less than 10 acres in effect on or
3before the effective date of this amendatory Act of the 96th
4General Assembly shall continue to be eligible under the
5Illinois Forestry Development Act provisions. The proposed
6forest management plan shall include a description of the land
7to be managed under the plan, a description of the types of
8timber to be grown, a projected harvest schedule, a description
9of forest management practices to be applied to the land, an
10estimation of the cost of such practices, plans for
11afforestation, plans for regenerative harvest and
12reforestation, and a description of soil and water conservation
13goals and wildlife habitat enhancement which will be served by
14implementation of the forest management plan.
15    Upon receipt from a timber grower of a draft forest
16management plan and fee, the Department shall review the plan
17and, if necessary, assist the timber grower to revise the plan.
18The Department shall officially approve acceptable plans.
19Forest management plans shall be revised as necessary and all
20revisions must be approved by the Department. A plan shall be
21evaluated every 2 years for reapproval.
22    The eligible land shall be maintained in a forest condition
23for a period of 10 years or until commercial harvest, whichever
24last occurs, as required by the plan.
25    The Department shall enter into agreements with timber
26growers with approved forest management plans under which the



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1Department shall agree to pay a share of the total cost of
2acceptable forest management plans and practices implemented
3under the plan. The cost share amount is up to 80% of the total
4cost of the forest management practices for such practices
5approved to be funded from monies appropriated for this purpose
6for subsequent fiscal years. Cost share funds shall be paid
7from monies appropriated to the Department by the General
8Assembly for that purpose from the Illinois Forestry
9Development Fund or any other fund in the State Treasury.
10    The Department, upon recommendations made to it by the
11Council, may provide for the categorization of forest
12management practices and determine an appropriate cost share
13percentage for each such category. Forest management practices
14submitted by timber growers on whose timber sales fees of 4% of
15the sale amount were paid as provided in Section 9a of the
16"Timber Buyers Licensing Act", approved September 1, 1969, may
17be accorded a priority for approval within the assigned
18category. Such timber growers may receive a cost share amount
19which is increased above the amount for which they would
20otherwise qualify by an amount equal to the fees paid by the
21timber grower on sales occurring in the 2 fiscal years
22immediately preceding the fiscal year in which the forest
23management practices are approved and funded; provided,
24however, that the total cost share amount shall not exceed the
25total cost of the approved forest management practices.
26    Upon transfer of his or her right and interest in the land



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1or a change in land use, the timber grower shall forfeit all
2rights to future payments and other benefits resulting from an
3approved plan and shall refund to the Department all payments
4received therefrom during the previous 10 years unless the
5transferee of any such land agrees with the Department to
6assume all obligations under the plan.
7(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
8    Section 10. The State Forest Act is amended by changing
9Section 6 as follows:
10    (525 ILCS 40/6)  (from Ch. 96 1/2, par. 5907)
11    Sec. 6. The Department shall have the authority to take all
12measures necessary to secure plants and plant materials from
13private sources and to establish and operate nurseries to
14produce and distribute plants and plant materials. The
15Department shall develop and implement a program of securing
16plants and plant materials from private sources. The Department
17shall utilize the most modern methods and techniques to operate
18its nursery facilities.
19    The plants and plant materials secured or produced shall be
20used exclusively for conservation purposes, such as for
21wildlife habitat, erosion control, energy conservation,
22natural community restoration, general reforestation,
23research, commemorative plantings, and educational programs
24such as Arbor Day. Plants and plant materials distributed by



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1the State shall not be used for ornamental, landscaping or
2shade tree purposes. Plants and plant materials secured or
3produced and distributed by the State nurseries are to be
4protected against abuses, such as may occur in the event of
5livestock grazing or wildfire.
6    The Department may cooperate with any person or group
7desirous of establishing plants or plant materials for
8conservation plantings by (a) selling furnishing trees,
9shrubs, flower seeds or other materials where deemed necessary
10or desirable, or (b) providing labor, equipment and technical
11supervision to plan and implement the conservation plantings,
12or both.
13    Plants and plant materials may be provided, upon approval
14of a written management plan, without charge to individual
15landowners, State agencies and institutions, local
16governments, civic groups and others for conservation
17plantings but shall be sold at a price approximately equal to
18the cost of acquisition or production and distribution.
19    Plants and plant materials may be provided without charge
20to government agencies and institutions, organized groups or
21individuals for special conservation plantings, research
22plantings, educational purposes and commemorative plantings
23but shall be sold at a price approximately equal to the cost of
24acquisition or production and distribution.
25    Plants and plant materials may be made available to the
26general public, mining companies, other industries and



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1agencies of the federal government but shall be sold at a price
2approximately equal to the cost of acquisition or production
3and distribution.
4    Products such as Christmas trees, roundwood and other
5materials derived from State distributed plants or plant
6materials may be utilized, sold or removed, except that no such
7plants shall be resold, bartered or given away and removed
8alive with the roots attached.
9    The Department may effect exchanges, purchases or sales
10involving plants and plant materials with other states or with
11agencies of the federal government.
12    The Department shall have the authority to make such rules
13and regulations pursuant to the Illinois Administrative
14Procedure Act as it deems necessary for carrying out,
15administering and enforcing the provisions of this Act.
16(Source: P.A. 91-357, eff. 7-29-99.)".