H. B. 4477
(By Delegates Talbott, Crosier and Williams)
(By Request of the Division of Forestry)
[Introduced February 12, 2010; referred to the
Committee on Natural Resources then the Judiciary.]
A BILL to amend and reenact §19-1A-3 of the Code of West Virginia,
1931, as amended, relating to transfer 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; 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.