Introduced Version
Senate Bill 196 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 196
(By Senator Beach)
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[Introduced February 18, 2013; 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 transferring the supervisory and
jurisdictional responsibilities of the area of Coopers Rock
State Forest located south of Interstate 68 and the area
located north of Interstate 68 known as the trout pond and its
immediate environs from the Division of Forestry to the
Division of Natural Resources; and clarifying that the sale of
timber from those designated areas is under the jurisdiction
and control of the Director of 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; division director; duties, powers,
dedication of certain moneys; creation of a special
revenue account.
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 subdivision (13), section seven, article
one and 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,
and the area of Coopers Rock State Forest located south of
Interstate 68 and the area located north of Interstate 68 known as
the trout pond and its immediate environs, as hereinafter provided.
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. All moneys collected from
the sale of timber realized through management of the state-owned
forests and 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.
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.
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.
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 Kanawha State Forest, and
the area of Coopers Rock State Forest located south of Interstate
68 and the area located north of Interstate 68 known as the trout
pond and its immediate environs, where the entire forest areas
designated will be managed by and under the jurisdiction of the
Division of Natural Resources for multiple uses and 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 These forest areas may not be designated
as a state park or state recreation area; however, any sale of
timber from Kanawha State Forest shall be continue to be
prohibited. Any sale of timber in the area of Coopers Rock State
Forest located south of Interstate 68 and the area located north of
Interstate 68 known as the trout pond and its immediate environs
shall be under the jurisdiction and control of the Director of the
Division of Natural Resources as set forth in subdivision (13),
section seven, article one, chapter twenty of this code.
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 the supervisory
and jurisdictional responsibilities of the area of Coopers Rock
State Forest located south of Interstate 68 and the area located
north of Interstate 68 known as the trout pond and its immediate
environs from the Division of Forestry to the Division of Natural
Resources. The bill gives the designated areas of Coopers Rock
State Forest the same status as Kanawha State Forest, except that
the sale of timber would be permitted under the jurisdiction and
control of the Director of the Division of Natural Resources in
those designated areas.
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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