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Introduced Version Senate Bill 508 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 508

(By Senators Fanning, and Unger)

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[Introduced February 8, 2010; referred to the Committee on Natural Resources; and then to the Committee on Government Organization.]

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A BILL to amend and reenact §19-1A-3 of the Code of West Virginia, 1931, as amended, relating to transfer of certain powers from the Division of Natural Resources to the Division of Forestry; creating the Office of the Director of the Division of Forestry; permitting the Division of Forestry to sell timber; setting forth the requirements of timber sales; permitting the Division of Forestry to assist in timber sales by private landowners provided the landowner pays the costs of the division's assistance; and establishing a cooperative agreement between the Division of Forestry and the Division of Natural Resources.

Be it enacted by the Legislature of West Virginia:

That §19-1A-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1A. DIVISION OF FORESTRY.

§19-1A-3. Division of Forestry; scope, duties and powers of division and director; timber sales and special revenue account; agreement with Division of Natural Resources; Kanawha State Forest exceptions.

(a) In addition to the authority granted to it in this article, the Division of Forestry heretofore created is hereby continued. And, except as otherwise provided in this article, all powers and duties previously exercised by the Director of Natural Resources under subsection (13), section seven, article one and also has the authority established in article three, chapter twenty of this code, except those powers and duties relating solely to wildlife areas as described in section three, article three, chapter twenty of this code. heretofore transferred to the Division of Forestry, are hereby continued in the Division of Forestry, except Kanawha State Forest as hereinafter provided. To this end the office of the Director of the Division of Forestry is created.
(b) The Division of Forestry has within its jurisdiction and supervision the state forests, other forests and woodland areas, the protection of forest areas from injury and damage by fire, disease, insects and other pestilences and forces, the management of forest areas for natural resources, conservation and undeveloped recreational activities, administration of the southeastern interstate forest fire protection compact and other compacts and agreements relating to forest management and husbandry, and the administration and enforcement of laws relating to the conservation, development, protection, use and enjoyment of all forest land areas of the state consistent with the provisions of sections one and two of this article.
(c) Timber sales. --
(1) The Director of the Division of Forestry has the authority to sell timber from all lands under his or her jurisdiction and control. The timber may not be sold for less than the appraised value as determined by a qualified appraiser appointed by the director. The appraisal must be made within a reasonable period of time prior to the sale and must be filed in the office of the director and available for public inspection. The director must obtain authority from the Governor to sell timber when the appraised value is more than $5,000.
(2) After notice by publication as a Class II legal advertisement in accordance with article three, chapter fifty-nine of this code the director may receive sealed bids for the timber to be sold.
(3) The advertised timber shall be sold at not less than the appraised value to the highest responsible bidder, who must give bond for the proper performance of the sales contract as the director shall designate. The director has the right to reject any and all bids.
(4) If no bid equal to or in excess of the appraised value of the timber is received, the director may, at any time, during a period of six months after the opening of the bids, sell the timber in a manner as he or she deems appropriate. However, the sales price may not be less than the timber's appraised value.
(5) No contract for sale of timber made pursuant to this section may be for more than ten years.
(6) The division may assist with private landowner timber sales. All costs associated with those sales, including volume estimates, timber marking and timber sale preparation, shall be paid by the landowner.
(7) All moneys collected from the sale of timber realized through management of the state-owned forests and timber sale preparation, including the sale of seedlings from the tree nurseries, shall be paid into the State Treasury and shall be credited to a special account within the Division of Forestry and used exclusively for the purposes of this article and article three, chapter twenty of this code.
(d) Ginseng. -- The Division of Forestry has jurisdiction to regulate the growing, digging, collecting, gathering, possession and sale of ginseng as provided in section three-a, of this article.
The chief of the Division is the Director of the Division of Forestry who shall be appointed and qualified as provided in section five of this article.
(e) Forestry amendment. -- The Director of the Division of Forestry shall study means and methods of implementing the provisions of section fifty-three, Article VI of the Constitution of West Virginia, relating to forest lands, and shall prepare and recommend legislation thereon.
(f) Cooperation with Division of Natural Resources. -- The division lines within the state forests between improved recreation areas under the management of the Division of Natural Resources and the demonstration forests under the management of the Division of Forestry, heretofore established by agreement, are hereby continued. with the exception of In the event of disagreement over the placement of a division line or dual occupancy of a building, the disposition shall be decided by the Legislature's Joint Committee on Government and Finance at a regularly scheduled meeting.
(g) Kanawha State Forest. -- where the entire forest Kanawha State Forest will be managed by and under the jurisdiction of the Division of Natural Resources for multiple uses. and the The Division of Natural Resources shall continue to provide recreational opportunities, including, but not limited to, mountain-biking trails, hiking trails, horseback-riding trails and hunting, fishing and trapping lands. The forest may not be designated as a state park or state recreation area. however, any The sale of timber from Kanawha State Forest shall continue to be is prohibited.
In the event of disagreement over the placement of a division line or dual occupancy of a building, the disposition shall be decided by the Legislature's Joint Committee on Government and Finance at a regularly scheduled meeting.
NOTE: The purpose of this bill is to transfer certain powers from the Division of Natural Resources to the Division of Forestry. The bill creates the office of the Director of the Division of Forestry. The bill permits the Division of Forestry to sell timber and sets forth the requirements of those sales. The bill also permits the Division of Forestry to assist in timber sales by private landowners provided the landowner pays the costs of the Division's assistance. The bill also establishes a cooperative agreement between the Division of Forestry and the Division of Natural Resources.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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