Illinois General Assembly - Full Text of HB1855
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Full Text of HB1855  103rd General Assembly

HB1855enr 103RD GENERAL ASSEMBLY

 


 
HB1855 EnrolledLRB103 28119 RLC 54498 b

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 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
17eligibility. Timber growers with Department approved forest
18management plans covering less than 10 acres in effect on or
19before the effective date of this amendatory Act of the 96th
20General Assembly shall continue to be eligible under the
21Illinois Forestry Development Act provisions. The proposed
22forest management plan shall include a description of the land
23to be managed under the plan, a description of the types of

 

 

HB1855 Enrolled- 2 -LRB103 28119 RLC 54498 b

1timber 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

 

 

HB1855 Enrolled- 3 -LRB103 28119 RLC 54498 b

1Assembly for that purpose from the Illinois Forestry
2Development Fund or any other fund in the State Treasury.
3    Starting in 2025, the Department shall file a report in
4writing to the General Assembly on or before March 1 of each
5year with the following information from the preceding year:
6the total number of agreements entered into pursuant to this
7Section, the total amount of payments made pursuant to this
8Section from the Illinois Forestry Development Fund, and the
9total number of acres that were affected by the payments.
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

 

 

HB1855 Enrolled- 4 -LRB103 28119 RLC 54498 b

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 99. Effective date. This Act takes effect upon
9becoming law.