North Carolina Gen. Stat. § 113A, Article 11
Forest Development Act
§ 113A-176. Title.
§ 113A-177. Statement of purpose.
§ 113A-178. Definitions.
§ 113A-179. Powers and duties.
§ 113A-180. Administration of cost sharing.
§ 113A-180.1. Cost-share agreements.
§ 113A-181. Limitation of payments.
§ 113A-182. Participation by government political
subdivisions.
§ 113A-183. Cost-share agreements.
§ 113A-176. Title.
This Article shall be known as the "Forest Development Act."
(1977, c. 562, s. 1.)
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§ 113A-177. Statement of purpose.
(a) The General Assembly finds that:
(1) It is in the public interest of the State of
North Carolina to encourage the development of the State's forest
resources and the protection and improvement of the forest
environment.
(2) Unfavorable environmental impacts, although
currently of a local and sporadic nature, are occurring as a
result of forest operations. It is in the State's interest that
corrective action be developed now to prevent more serious
problems in the future.
(3) Regeneration of potentially productive forest
land is a high-priority problem requiring prompt attention and
action.
(4) Growing demands on forests and related land
resources cannot be met by intensive management of public and
industrial forest lands alone.
(b) The purpose of this Article is to direct the Secretary
of Environment and Natural Resources to implement a forest
development program to:
(1) Provide financial assistance to eligible
landowners to increase the productivity of the privately owned
forests of the State through the application of forest renewal
practices;
(2) Insure that forest operations in the State are
conducted in a manner designed to protect the soil, air, and
water resources, including but not limited to streams, lakes and
estuaries through actions of landowners on lands for which
assistance is sought under provisions in this Article;
(3) Implement a program of voluntary landowner
participation through the use of a forest development fund to
meet the above goals.
(c) It is the intent of the General Assembly that in
implementing the program under this Article, the Secretary will
cause it to be coordinated with other related programs in such a
manner as to encourage the utilization of private agencies, firms
and individuals furnishing services and materials needed in the
application of practices included in the forest development
program. (1977, c. 562, s. 2; c. 771, s. 4; 1989, c. 727, s.
218(73); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s.
11A.119(a).)
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§ 113A-178. Definitions.
As used in this Article:
(1) "Approved forest management plan" means the
forest management plan submitted by the eligible landowner and
approved by the Secretary. Such plan shall include forest
management practices to insure both maximum forest productivity
and environmental protection of the lands to be treated under the
management plan.
(2) "Approved practices" mean those silvicultural
practices approved by the Secretary for the purpose of
commercially growing timber through the establishment of forest
stands, or of insuring the proper regeneration of forest stands
to commercial production levels following the harvest of mature
timber. Such practices shall include those required to accomplish
site preparation, natural and artificial forestation,
noncommercial removal of residual stands for silvicultural
purposes, and cultivation of established young growth of
desirable trees. In each case, approved practices will be
determined by the needs of the individual forest stand. These
practices shall include existing practices and such practices as
are developed in the future to insure both maximum forest
productivity and environmental protection.
(3) "Department" means the Department of
Environment and Natural Resources.
(3a) "Eligible land" means land owned by an
eligible landowner.
(4) "Eligible landowner" means a private
individual, group, association or corporation owning land
suitable for forestry purposes. Where forest land is owned
jointly by more than one individual, group, association or
corporation, as tenants in common, tenants by the entirety, or
otherwise, the joint owners shall be considered, for the purpose
of this Article, as one eligible landowner and entitled to
receive cost-sharing payments as provided herein only once during
each fiscal year.
(5) Recodified as § 113A-178(3a).
(6) "Forest development assessment" means an
assessment on primary forest products from timber severed in
North Carolina for the funding of the provisions of this Article,
as authorized by the General Assembly.
(7) "Forest development cost-sharing payment" means
financial assistance to partially cover the costs of implementing
approved practices in such amounts as the Secretary shall
determine, subject to the limitations of this Article.
(8) "Forest development fund" means the Forest
Development Fund created by G.S. 113A-183.
(8a) "Maintain" means to retain the reforested area
as forestland for a 10-year period and to comply with the
provisions in the approved forest management plan.
(9) "Secretary" means the Secretary of Environment
and Natural Resources. (1977, c. 562, s. 3; c. 771, s. 4; 1989,
c. 727, s. 218(74); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b);
1997-352, s. 1; 1997-443, s. 11A.119(a).)
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§ 113A-179. Powers and duties.
(a) The Secretary shall have the powers and duties to
administer the provisions of this Article.
(b) The Department shall serve as the disbursing agency for
funds to be expended from and deposited to the credit of the
Forest Development Fund.
(c) Subject to the limitations set forth in G.S.
113A-183(d), the Secretary is authorized to employ
administrative, clerical and field personnel to support the
program created by this Article and to compensate such employees
from the Forest Development Fund for services rendered in direct
support of the program.
(d) The Secretary is authorized to purchase equipment for
the implementation of this program from the Forest Development
Fund subject to the limitations of G.S. 113A-183(e). All
equipment purchased with these funds will be assigned to and used
only for the forest development program, except for emergency use
in forest fire suppression and other activities relating to the
protection of life or property. The Forest Development Fund will
be reimbursed from other program funds for equipment costs
incurred during such emergency use. (1977, c. 562, s. 4.)
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§ 113A-180. Administration of cost sharing.
The Secretary shall have authority to administer the cost
sharing provisions of this Article, including but not limited to
the following:
(1) Prescribe the manner and requirements of making
application for cost sharing funds.
(2) Identify those approved forestry practices as defined in
G.S. 113A-178(2) which shall be approved for cost sharing under
the provisions of this Article.
(3) Review periodically the cost of forest development
practices and establish allowable ranges for cost sharing
purposes for approved practices under varying conditions
throughout the State.
(4) Determine, prior to approving forest development cost
sharing payments to any landowner, that all proposed practices
are appropriate and are comparable in cost to the prevailing cost
of those practices in the general area in which the land is
located. Should the Secretary determine that the submitted cost
of any practice is excessive, he shall approve forest development
cost sharing payments based upon an allowable cost established
under G.S. 113A-180(3).
(5) Determine, prior to approving forest development cost
sharing payments, that an approved forest management plan as
defined in G.S. 113A-178(1) for the eligible land has been filed
with the Secretary and that the landowner has indicated in
writing his intent to comply with the terms of such management
plan.
(6) Determine, prior to approving forest development cost
sharing payments, that the approved practices for which payment
is requested have been completed in a satisfactory manner,
conform to the approved forest management plan submitted under
G.S. 113A-180(5), and otherwise meet the requirements of this
Article.
(7) Disburse from the Forest Development Fund to eligible
landowners cost sharing payments for satisfactory completion of
practices provided for by this Article and the Secretary shall,
insofar as is practicable, disburse the funds from the State's
appropriation on a matching basis with the funds generated by the
Primary Forest Product Assessment. (1977, c. 562, s. 5.)
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§ 113A-180.1. Cost-share agreements.
(a) In order to receive forest development cost-share
payments, an eligible landowner shall enter into a written
agreement with the Department describing the eligible land,
setting forth the approved practices implemented for the area and
covered by the approved forest management plan, and agreeing to
maintain those practices for a 10-year period.
(b) In the absence of Vis major or Act of God or other
factors beyond the landowner's control, a landowner who fails to
maintain the practice or practices for a 10-year period in
accordance with the agreement set forth in subsection (a) of this
section shall repay to the Fund all cost-sharing funds received
for that area.
(c) If the landowner voluntarily relinquishes control or
title to the land on which the approved practices have been
established, the landowner shall:
(1) Obtain a written statement, or a form approved
by the Department, from the new owner or transferee in which the
new owner or transferee agrees to maintain the approved practices
for the remainder of the 10-year period; or
(2) Repay to the Fund all cost-sharing funds
received for implementing the approved practices on the land.
If a written statement is obtained from the new owner or
transferee, the original landowner will no longer be responsible
for maintaining the approved practices or repaying the cost-
sharing funds. The responsibility for maintaining those practices
for the remainder of the 10 years shall devolve to the new owner
or transferee. (1997-352, s. 2.)
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§ 113A-181. Limitation of payments.
(a) An eligible landowner may receive forest development
cost sharing payments for satisfactory completion of approved
practices as determined by the Secretary, except that the
Secretary shall approve no assistance in an amount exceeding the
lesser of (i) a sum equal to sixty percent (60%) of the
landowner's actual per acre cost incurred in implementing the
approved practice or (ii) a sum equal to sixty percent (60%) of
the prevailing per acre cost as determined by the Secretary under
G.S. 113A-180(3) for implementing that approved practice.
(b) The maximum amount of forest development cost sharing
funds allowed to any landowner in one fiscal year will be the
amount required to complete all approved practices on 100 acres
of land at the prevailing cost sharing rate established under
G.S. 113A-181(a).
(c) Eligible landowners may not use State cost sharing funds
if funds from any federal cost sharing program are used on the
same acreage for forestry practices during the same fiscal year.
(1977, c. 562, s. 6.)
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§ 113A-182. Participation by government political
subdivisions.
No governmental agency, federal, State or local, will be
eligible for forest development payments under the provision of
this Article. (1977, c. 562, s. 7.)
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§ 113A-183. Forest Development Fund.
(a) The Forest Development Fund is created in the
Department of Environment and Natural Resources as a special
fund. Revenue in the Fund does not revert at the end of a fiscal
year, and interest and other investment income earned by the Fund
accrues to it. The Fund is created to provide revenue to
implement this Article. The Fund consists of the following
revenue:
(1) Assessments on primary forest products
collected under Article 12 of Chapter 113A of the General
Statutes.
(2) General Fund appropriations.
(3) Gifts and grants made to the Fund.
(b), (c) Repealed by Sessions Laws 1997-352, s. 3.
(d) In any fiscal year, no more than five percent (5%) of
the available funds generated by the Primary Forest Product
Processor Assessment Act may be used for program support under
the provisions of G.S. 113A-179(c).
(e) Funds used for the purchase of equipment under the
provisions of G.S. 113A-179(d) shall be limited to appropriations
from the General Fund to the Forest Development Fund designated
specifically for equipment purchase. (1977, c. 562, s. 8; c. 771,
s. 4; 1981, c. 1127, s. 45; 1989, c. 727, s. 218(75); 1997-352,
s. 3; 1997-443, s. 11A.119(a).)
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