Louisiana Revised Statutes 3:4410
Part VIII. Louisiana
Forestry Productivity Program
§4410. Declaration of public policy; cooperative agreements
A. The legislature does hereby declare that the productivity of
Louisiana's forest lands is of vital importance to the people of
this state and that the reforestation of forest lands in this state
serves the following purposes:
(1) Insuring a sustainable supply of timber and
forest products.
(2) Aiding the economic well-being of the state
by providing jobs and revenue.
(3) Enhancing the aesthetics of the state.
(4) Providing suitable habitat for wildlife
species.
(5) Aiding in the purifying of the air.
(6) Conserving topsoil by discouraging erosion.
(7) Enhancing water quality.
B. In order to encourage and foster these declared policies, the
Department of Agriculture and Forestry may enter into cooperative
agreements with landowners to encourage the reforestation of the
state's forest lands.
Acts 1997, No. 1377,§ 1, eff. July 1, 1998.
§4411. Forestry Productivity Fund; disposition
of funds
A. Funds equal to seventy-five percent of that portion of the
severance tax on timber allocated to the state by Article VII,
Section 4(D) of the Constitution of Louisiana shall be deposited
immediately upon receipt into the state treasury.
B. After compliance with the requirements of Article VII, Section
9(B) of the Constitution of Louisiana relative to the Bond Security
and Redemption Fund, and prior to monies being placed in the state
general fund, an amount equal to that deposited as required by
Subsection A of this Section shall be credited to a special fund
hereby created in the state treasury to be known as the Forestry
Productivity Fund. The monies in this fund shall be used solely as
provided in Subsection C of this Section and only in the amounts
appropriated by the legislature. All unexpended and unencumbered
monies in this fund at the end of the fiscal year shall remain in
the fund. The monies in this fund shall be invested by the state
treasurer in the same manner as monies in the state general fund and
interest earned on the investment of these monies shall be credited
to this fund, again, following compliance with the requirement of
Article VII, Section 9(B) relative to the Bond Security and
Redemption Fund.
C. The monies in the Forestry Productivity Fund shall be used
solely for the implementation of the forestry productivity program,
including the amount representing the state's involvement in
cooperative agreements between landowners and the department for the
implementation of approved practices for the reforestation of forest
lands in this state. However, no more than twenty-five percent of
the monies in the fund shall be used for grants as provided in R.S.
3:4416, and no more than ten percent of the monies available
annually in the fund shall be used to administer and provide
technical assistance for the forestry productivity program.
Acts 1997, No. 1377,§ 1, eff. July 1, 1998.
§4412. Assistance through cooperative
agreements
A. The involvement of the state in a cooperative agreement may
consist of either or both of the following types of assistance:
(1) A direct grant to assist the landowner in implementing an
approved practice through the use of the landowner's resources or
through contacts with private firms.
(2) Utilization of the state's personnel, equipment, or materials
to implement an approved practice if private sector services are
unavailable.
B. Approved practices shall include the following:
(1) Site preparation for reforestation by natural or artificial
means.
(2) Planting of seeds or seedlings.
(3) Timber stand improvement through removal of undesirable
trees.
(4) Such other forestry practices as shall be determined by the
commissioner.
C. The commissioner shall determine the extent of the state's
involvement in each cooperative agreement which shall not exceed
fifty percent of the cost of the cooperative agreement or a total
value of assistance of ten thousand dollars to any one landowner
during a fiscal year.
Acts 1997, No. 1377,§ 1, eff. July 1, 1998.
§4413. Administration; powers and duties of
the commissioner
The provisions of this Part shall be administered by the
commissioner who shall have the following powers and duties:
(1) To adopt rules and regulations in accordance with the
Administrative Procedure Act.
(2) To determine which forestry practices shall be approved
practices.
(3) To determine which landowners shall be eligible to receive
assistance as part of a cooperative agreement.
(4) To determine the extent of the state's participation in a
cooperative agreement.
(5) To employ personnel.
(6) To purchase equipment, materials, and supplies.
Acts 1997, No. 1377,§ 1, eff. July 1, 1998.
4414. Exclusions and limitations
A. Landowners who have received federal or private funding for
reforestation shall not be eligible to participate, on the same
acreage, in any cooperative agreement under this Part.
B. Public utility companies and landowners who are engaged in the
manufacturing or production of forestry products shall not be
eligible to participate in any cooperative agreement under this
Part.
Acts 1997, No. 1377,§ 1, eff. July 1, 1998.
§4415. Requirement of participation; right of
action
Each landowner who participates in a cooperative agreement with
the department shall enter into a contract approved by the
commissioner requiring the land which is subject to the cooperative
agreement to remain in forestry usage for a period of ten years. If
the agreement is violated, the department shall have a right of
action to recover the cost of the state's involvement in the
cooperative agreement plus court costs and reasonable attorney fees.
Acts 1997, No. 1377,§ 1, eff. July 1, 1998.
§4416. Competitive research and cooperative
extension grants
A. In order to provide for research and cooperative extension
activities to enhance reforestation, increase productivity, and
further knowledge regarding the proper application of forestry
principles, a competitive grant process shall be created.
B. The commissioner shall adopt rules and regulations to
establish procedures for awarding competitive grants under this
Part.
Acts 1997, No. 1377,§ 1, eff. July 1, 1998.
[top]
| 
