A BILL to repeal section six, article one-a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section one, article three, chapter twenty of said code; to amend and reenact section twenty-a, article thirteen-a, chapter eleven of said code; to amend and reenact section three, article one-a, chapter nineteen of said code; and to amend and reenact sections three and six, article one-b of said chapter, all relating to forest and wildlife protection and funding; repealing provisions relating to an annual fee to benefit the division of forestry assessed owners of woodlots, woodlands and timberland; dedicating certain proceeds from the timber severance tax to benefit the division of forestry; and exempting certain noncommercial timber harvesting from specified regulatory control.

(a) The amount of taxes collected under this article from providers of health care items or services, including any interest, additions to tax and penalties collected under article ten of this chapter, less the amount of allowable refunds and any interest payable with respect to such refunds, shall be deposited into the special revenue fund created in the state treasurer's office and known as the medicaid state share fund. Said fund shall have separate accounting for those health care providers as set forth in articles four-b and four-c, chapter nine of this code.

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 thirteen, 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. The division of forestry shall have 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 seedlings from the tree nurseries shall be paid into the state treasury and into the special account within the division of forestry for the administration of this article.

(a) "Best management practices" means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting.

(a) After the first day of September, one thousand nine hundred ninety-two, in addition to any other requirement of this article, no person may conduct timbering operations and no person may sever trees for sale unless the person notifies the director of the specific location on which the timbering operations or harvesting of timber are to be conducted. The notification shall be made in a manner designated by the director.