2023 Illinois Compiled Statutes › Chapter 525 - CONSERVATION › 525 ILCS 15/ - Illinois Forestry Development Act.

(525 ILCS 15/1) (from Ch. 96 1/2, par. 9101)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Illinois Forestry
Development Act".
(Source: P.A. 83-446.)
(525 ILCS 15/2) (from Ch. 96 1/2, par. 9102)
Sec. 2. The following words shall have the meanings ascribed to them
in this Section:
(a) "Acceptable forest management practices" means preparation of a forest
 management plan, site preparation,
brush control, purchase of planting stock, planting, weed and pest control,
fire control, fencing, fire management practices, timber stand improvement,
timber harvest and any other practices determined by the Department of
Natural Resources to be essential to responsible timber
management.
(b) "Approved forest management plan" means a management plan approved
by the Department of Natural Resources pursuant to Section
5 of this Act.
(c) "Council" means the Illinois Forestry Development Council
created by this Act.
(d) "Department" means the Department of Natural Resources.
(e) "Forest product" means timber which can be used for sawing or processing
into lumber for building or structural purposes, for pulp paper, chemicals
or fuel, for the manufacture of furniture, or for the manufacture of any
article.
(f) "Fund" means the Illinois Forestry Development Fund created by this Act.
(g) "Timber" means trees, standing or felled, and parts thereof, excluding
Christmas trees and producers of firewood.
(h) "Timber buyer" means any person defined as a timber buyer pursuant
to Section 2 of the "Timber Buyers Licensing Act", approved September 15,
1969, as amended.
(i) "Timber grower" means the owner, tenant or operator of land in this
State who has an interest in, or is entitled to receive any part of the
proceeds from, the sale of timber grown in this State and includes persons
exercising authority to sell timber.
(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
(525 ILCS 15/3) (from Ch. 96 1/2, par. 9103)
Sec. 3. 
		
		The Department of Natural Resources shall
administer this Act and shall promulgate rules and regulations for that
purpose.
(Source: P.A. 89-445, eff. 2-7-96.)
(525 ILCS 15/4) (from Ch. 96 1/2, par. 9104)
Sec. 4. The Department shall:
(a) Implement the forest development cost share program created by Section
5 of this Act and coordinate with the United States Department of Agriculture
- Natural Resource Conservation Service and the Farm Service Agency in the administration of that program.
(b) Approve acceptable forest management plans as required by Section 5 of
this Act.
(c) Provide assistance to the Illinois 
Forestry Development Council.
(d) Promote the development of an active forest industry in this State
by providing information to timber growers relating to acceptable management
practices, suitability of various kinds of timber to various land types,
marketability of various types of timber, market strategies including marketing
cooperatives, availability of State and federal government assistance, soil
and water conservation benefits, and wildlife habitat enhancement
opportunities.
(e) Provide any aid or information requested by the Illinois
Finance
Authority in relation to forest industry assistance programs implemented
under the Illinois Finance Authority
Act.
(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
(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.
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.)
(525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
Sec. 6a. (Repealed).
(Source: P.A. 94-793, eff. 5-19-06. Repealed internally, eff. 12-31-08.)
(525 ILCS 15/6b)
Sec. 6b. Illinois Forestry Development Council.
(a) The Illinois Forestry Development Council is created by this
amendatory Act of the 96th General Assembly.
(b) The Council shall consist of 29 members appointed as follows:
(1) four members of the General Assembly, one     appointed by the President of the Senate, one appointed by the Senate Minority Leader, one appointed by the Speaker of the House of Representatives, and one appointed by the House Minority Leader;
(2) one member appointed by the Governor to represent     the Governor;
(3) the Directors of the Departments of Natural     Resources, Agriculture, and Commerce and Economic Opportunity, the Executive Director of the Illinois Finance Authority, and the Director of the Office of Rural Affairs, or their designees;
(4) the chair of the Department of Forestry or a     forestry academician, appointed by the Dean of Agricultural Sciences at Southern Illinois University at Carbondale;
(5) the head of the Department of Natural Resources     and Environmental Sciences or a forestry academician, appointed by the Dean of Agricultural Consumer and Environmental Sciences of the University of Illinois at Urbana-Champaign;
(6) two members, appointed by the Governor, who shall     be private timber growers;
(7) one member, appointed by the president of a     statewide association involved in promoting wood products, who shall be involved in primary forest industry;
(8) one member, appointed by the president of a     statewide association involved in promoting wood products, who shall be involved in secondary forest industry;
(9) one member who is actively involved in     environmental issues, appointed by the Governor;
(10) the president of a statewide association     involved in promoting soil and water conservation;
(11) two persons who are actively engaged in farming,     appointed by the Governor;
(12) one member, appointed by the Governor, whose     primary area of expertise is urban forestry;
(13) one member appointed by the president of a     statewide organization of arborists;
(14) the Supervisor of the Shawnee National Forest     and the United States Department of Agriculture Natural Resource Conservation Service's State Conservationist, ex officio, or their designees;
(15) the president of a statewide association     involved in promoting Illinois forestry;
(16) the president of a statewide association     involved in promoting Illinois walnut trees;
(17) the chair of a statewide association involved in     promoting Illinois tree farms;
(18) the president of a statewide association of     American foresters; and
(19) the president of a statewide association     promoting Illinois wildlife.
(c) Members of the Council shall serve without compensation but shall
be reimbursed for actual expenses incurred in the performance of their duties
which are not otherwise reimbursed.
(d) The Council shall select from its membership a chairperson and
such other officers as it considers necessary. Appointees to the Council shall serve for an initial term of 2 years and may be reappointed for one additional term.
(e) Other individuals, agencies and organizations may be invited to
participate as deemed advisable by the Council.
(f) The Council shall study and evaluate the forest resources and forest industry of Illinois.  The Council shall:
(1) determine the magnitude, nature and extent of the     State's forest resources;
(2) determine current uses and project future demand     for forest products, services and benefits in Illinois;
(3) determine and evaluate the ownership     characteristics of the State's forests, the motives for forest ownership and the success of incentives necessary to stimulate development of forest resources;
(4) determine the economic development and management     opportunities that could result from improvements in local and regional forest product marketing and from the establishment of new or additional wood-related businesses in Illinois;
(5) confer with and offer assistance to the Illinois     Finance Authority relating to its implementation of forest industry assistance programs authorized by the Illinois Finance Authority Act;
(6) determine the opportunities for increasing     employment and economic growth through development of forest resources;
(7) determine the effect of current governmental     policies and regulations on the management of woodlands and the location of wood products markets;
(8) determine the staffing and funding needs for     forest and other conservation programs to support and enhance forest resources development;
(9) determine the needs of forest education programs     in this State;
(10) confer with and offer assistance to the     Department of Natural Resources relating to the implementation of urban forest assistance grants pursuant to the Urban and Community Forestry Assistance Act; and
(11) determine soil and water conservation benefits     and wildlife habitat enhancement opportunities that can be promoted through approved forest management plans.
(g) The Council shall report (i) its findings and recommendations for
future State action and (ii) its evaluation of Urban/Community Forestry
Assistance Grants to the General Assembly no later than July 1 of each year.
(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
(525 ILCS 15/7) (from Ch. 96 1/2, par. 9107)
Sec. 7. The Illinois Forestry Development Fund, a special fund in the State
Treasury, is hereby created.   The Department of Natural Resources shall pay into  the Fund all fees and fines collected
from timber buyers and landowners and operators pursuant to the "Timber
Buyers Licensing Act", and the "Forest
Products Transportation Act", all gifts, contributions, bequests, grants,
donations, transfers, appropriations and all other revenues and receipts
resulting from forestry programs, forest product sales, and operations of
facilities not otherwise directed by State law and shall, except for the additional moneys deposited under Section 805-550 of the Department of Natural Resources (Conservation) Law of the
Civil Administrative Code of Illinois, pay
such moneys appropriated from the Fund to timber growers for
implementation of acceptable forest management practices as
provided in Section 5 of this Act.  Moneys may be appropriated
from the Fund for the expenses of the Illinois Forestry Development Council.
Ordinary operating expenses of the Forest Resources Division of the
Department, for the administration and implementation of this Act, the
development and implementation of a wood industry marketing, development
and promotions program and other programs beneficial to advancing forests
and forestry in this State, as deemed appropriate by the General Assembly,
may be appropriated from this fund to the extent such appropriations
preserve the receipts to the Fund derived from Section 9a of the "Timber
Buyers Licensing Act".
(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09; 96-1160, eff. 1-1-11.)