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Regular Session, 2012
HOUSE BILL NO. 907
BY REPRESENTATIVES KATRINA JACKSON AND HENRY BURNS
FORESTRY: Provides relative to forests and forestry
AN ACT1
To amend and reenact R.S. 3:2(D), 4274.1, 4276, 4279(A), 4292, 4325, and 4326 and to2
repeal R.S. 3:4271(B), 4274(6), 4274.2, 4279(B) and (C), 4280, 4284 through 4289, 4290,3
4291, 4293 through 4295, and 4302, relative to forests and forestry; to provide for4
cooperative endeavors; to provide for the powers and duties of the state forester; to provide5
for the duties of forestry officers; to provide for the clearing of combustible material; to6
provide for the instruction of forestry on certain days; to provide for a parish board of7
forestry; to provide for a forestry program; to repeal certain provisions for the protection and8
reforestation of lands; to repeal certain provisions relative to forest tree seedling nurseries;9
to repeal the provisions of acreage tax on certain forest lands; and to provide for related10
matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 3:2(D), 4274.1, 4276, 4279(A), 4292, 4325, and 4326 are hereby13
amended and reenacted to read as follows:14
§2. Creation, powers, and duties of Department of Agriculture and Forestry and the15
commissioner of agriculture and forestry16
* * *17
D. The Department of Agriculture and Forestry, through the office of18
forestry, may participate in cooperative endeavors with the federal government and19
with local governments in this state relating to the Federal Excess Property Program20
and the Firefighter Property Program for rural fire defense.21
* * *22 HLS 12RS-1411 ENGROSSED
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§4274.1. Appointment of forestry officers; duties and powers1
A. To secure the protection of provide for the protection of the assets,2
property, personnel, and interests relating to forest woodlands, the state forester may3
appoint and commission forestry officers who shall enforce the laws, rules, and4
regulations for the protection of interests relating to forest woodlands, may carry5
weapons concealed or exposed while in the performance of their duties, shall take6
such action as is authorized by law, rule, or regulation to protect interests relating to7
forest woodlands, and shall be vested with the same authority and powers conferred8
by law upon regular law enforcement officers of this state with respect to issuing9
civil citations for littering and with respect to criminal and other offenses affecting10
the protection of interests relating to forest woodlands or affecting the performance11
of their duties.12
B. All forestry officers shall be Peace Officers Standard Training (P.O.S.T.)13
certified.14
C. Additionally, while on special assignment during any riot, insurrection,15
or any natural disaster or while in protection of real property of the commission and16
the property, assets, and resources of the office of forestry or the department, any17
commissioned forestry officer shall possess all the powers and authority of regular18
law enforcement officers of this state.19
D. Upon the request of any regular law enforcement agency of this state,20
forestry officers shall prevent and detect crime, apprehend criminals, enforce the21
criminal and traffic laws of the state, keep the peace and good order in the state in22
the enforcement of the state's police powers, and perform any other related duties23
imposed upon them by the legislature.24
* * *25
§4276. Powers and duties of state forester 26
The state forester shall: 27
(1) Have direction of all forest interests and all matters pertaining to forestry28
within the jurisdiction of the state.29 HLS 12RS-1411 ENGROSSED
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(2) Select and employ the personnel of the office of forestry. Determine1
annual goals, objectives, and priorities and conduct annual reviews per established2
department protocol.3
(3) Superintend the office of forestry. Serve as lead department liaison4
responsible for the detection and rapid suppression of all forest wildfires in the state5
including all state-owned and private forest lands and non-forested open areas6
threatening forest lands.7
(4) Serve as secretary of the commission and be custodian of books, records,8
and papers of the commission and office of forestry. Work with state cooperators9
that may offer assistance during wildfire suppression efforts.10
(5) Take such action as is authorized by law to prevent and extinguish forest11
fires.12
(6) Enforce laws pertaining to forest woodlands and recommend13
prosecutions for violations.14
(7) Carry on educational work in the interest of forest conservation. Act as15
lead department liaison to educate and train industry professionals and the public on16
matters vital to the long-term stability and sustainability of Louisiana's forests. Lead17
and support programs that educate the public on the importance of forest resources18
and their contribution to the economic health of the state, and the social and19
recreational benefits derived from vibrant, healthy, working forests and the dynamic20
ecosystems they support.21
(8) Cooperate with and encourage private timber owners in laying plans to22
protection, management, and the replacement of forests, and in aiding them to form23
protective associations.24
(9) Examine all timbered lands belonging to the state and report to the25
commission upon their timber condition and actual value, and also whether some of26
these lands should be held as state forests. Provide wildfire suppression training to27
the office of forestry employees to National Wildfire Coordinating Group standards.28 HLS 12RS-1411 ENGROSSED
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(10) Be responsible for protection and management of lands donated to or1
purchased by the state for forestry preserves and all lands reserved as state forests.2
Provide certified burner training.3
(11) Conduct forest research. Serve as the lead department liaison4
responsible for wildfire prevention education and training.5
(12) Prepare a biennial report of progress and conditions of state work in6
forestry to the commission and therein recommend plans for improving the state7
system of forest protection, management, and replacement. Serve as the state liaison8
for forest inventory and maintain statistically reliable forest inventory data that is9
publicly accessible, if appropriated in the budget.10
(13) Serve as lead department liaison responsible for compliance monitoring11
related to adherence to forest practices mandated by law and voluntary best12
management practices for forestry as established by the state of Louisiana.13
(14) Establish an ongoing monitoring protocol that is stable, consistently14
implemented, and reported to stakeholders/public on a biennial basis.15
(15) Direct landowner assistance to encourage reforestation and sustainable16
land management and make recommendations based on understanding landowner17
objectives.18
(16) Administer the Forest Productivity Program which provides reforestation19
assistance.20
* * *21
§4279. Railroad and other public utilities' rights of way rights-of-way; clearing of22
combustible material; fire lines; penalty23
A. All persons owning or operating railroads, electric transmission lines, or24
oil or gas pipe lines through forest lands within this state shall keep their rights of25
way rights-of-way reasonably cleared of all combustible material and safely dispose26
of the same within the limits of the rights of way rights-of-way between the fifteenth27
of November and the fifteenth of April. In addition, whenever in the judgment of the28
commission any of the rights of way are not of sufficient width to constitute, when29 HLS 12RS-1411 ENGROSSED
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cleared, an adequate fire line, the commission may require the owners or operators1
thereof to enter upon forest, waste, or cut-over lands adjacent to the rights of way,2
and at not more than two hundred feet from the outer rail on both sides of the track3
in the case of a railway right of way, and not more than two hundred feet from the4
center of the right of way of a person owning or operating electric transmission lines5
or oil or gas pipe lines, to plough a furrow not less than three nor more than six feet6
in width, and to clear the strip lying between the furrow and the right of way in the7
same manner as required in case of the right of way. This requirement does not8
apply in the case of temporary spurs or railroads and tramroads, nor shall in any case9
lands in actual cultivation be entered upon in carrying out these requirements. does10
it prohibit any railroad company from piling or keeping upon the right-of-way, cross11
ties or other materials necessary for operation or maintenance of the railroad.12
However, any person thus required to plough a furrow is relieved of any13
responsibility for damages which the owner of the land may claim as a result thereof.14
* * *15
§4292. Instruction on forestry in public schools; Arbor Day16
The Department of Education and the parish school boards shall provide for17
proper courses of instruction by textbooks or lectures on the general subject of18
forestry in all public schools. They shall encourage the observance of Arbor Day by19
all public schools. and encourage participation in natural resource education20
programs such as Forestry Awareness, Forestry Skills, 4-H, FFA, and Project21
Learning Tree to promote learning about the natural environment and the22
opportunities and benefits it provides for all students.23
* * *24
§4325. Parish board of forestry; appointment and term; compensation 25
Upon approval by the commission and the state forester, the governing26
authority of each parish cooperating shall may appoint a parish board of forestry. It27
shall consist of one member of the governing authority of the parish, one28
representative of the commission, two representatives of the forest products29 HLS 12RS-1411 ENGROSSED
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industries presently in a managerial or executive capacity, and one representative of1
the parish landowners. The last three named members shall serve for terms of three2
years after the initial terms, of one, two, and three years. Appointments to fill3
vacancies shall be for the unexpired term. The parish board serves without4
compensation or per diem.5
§4326. Supervision of forestry program; detailed plan 6
The state forester with the approval of the forestry commission shall may7
administer and supervise the forestry program within in each parish. It shall where8
such programs may be established. submit a detailed forestry program to the parish9
board for approval prior to instituting such a program. The detailed plan shall10
include the budget of proposed expenditures for forestry work in the parish affected.11
* * *12
Section 2. R.S. 3:4271(B), 4274(6), 4274.2, 4279(B) and (C), 4280, 4284 through13
4289, 4290, 4291, 4293 through 4295, and 4302 are hereby repealed in their entirety.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Katrina Jackson HB No. 907
Abstract: Revises and repeals certain provisions relative forests and forestry.
Present law allows the office of forestry to participate in cooperative endeavors with federal
and local government relating to the Federal Excess Property Program.
Proposed law adds the Firefighter Property Program as a possible partner in cooperative
endeavors which the office of forestry may participate. Otherwise retains present law.
Present law provides for the state forester to appoint forestry officers to enforce laws, rules,
and regulations for the protection of interests relating to forest woodlands. Further provides
for the forestry officers to carry concealed or exposed weapons and be vested with the same
authority and powers of regular law enforcement officers in the protection of forest
woodlands.
Proposed law adds the protection of assets, property, and personnel to the duties of appointed
and commissioned forest officers. Otherwise retains present law.
Present law provides for the powers and duties of the state forester.
Proposed law revises certain powers and duties in present law as follows: HLS 12RS-1411 ENGROSSED
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The state forester shall:
(1)Determine annual goals, objectives, and priorities and conduct annual reviews.
(2)Serve as lead LDAF liaison responsible for the detection and rapid suppression of
all forest wildfires on state-owned and private forest lands.
(3)Work with state cooperators that may offer assistance during wildfire suppression.
(4)Act a lead LDAF liaison to educate and train industry professionals and the public
on matters vital to the long-term stability and sustainability of La. forests and the
importance of forest resources to the economic health of the state.
(5)Provide wildfire suppression training to office of forestry employees.
(6)Provide certified burner training.
(7)Serve as LDAF liaison responsible for wildfire prevention education and training.
(8)Serve as state liaison for forest inventory and maintain statistical data.
(9)Serve as lead LDAF liaison responsible for compliance monitoring related to
adherence to forest practices mandated by law and voluntary best management
practices for forestry.
(10)Establish ongoing monitoring protocol that is stable, consistently implemented, and
reported to stakeholders on a biennial basis.
(11)Direct landowner assistance to encourage reforestation and sustainable land
management and make recommendations based on landowner objectives.
(12)Administer the Forest Productivity Program.
Present law requires owners or operators of railroads, electric transmission lines, or oil or
gas pipe lines through state forests to keep their rights-of-way cleared of all combustible
materials and dispose of the materials between November 15 and April 15. Further provides
that the forestry commission may require owners or operators to plough and clear a furrow
if the rights-of-way are not sufficient to constitute a fire line. Additionally releases any
person required to plough a furrow from responsibility for damages which the owner of the
land may claim.
Proposed law deletes the five-month time frame for the clearing of combustible material
from rights-of-way by owners or operators of railroads, electric transmission lines, or oil or
gas pipe lines. Allows any railroad company to keep upon the right-of-way cross ties or
other materials necessary for operation or maintenance of the railroad. Also deletes the
relief of responsibility for damages which a landowner may claim against a person required
to plough a furrow. Otherwise retains present law.
Present law requires the Dept. of Education and parish school boards to provide for courses
of instruction on the subject of forestry in all public schools. Further requires the department
and school boards to encourage the observance of Arbor Day by all public schools.
Proposed law deletes the requirement that the Dept. of Education and parish school board
provide for courses of instruction on the subject of forestry in all public schools.
Additionally requires the department and school boards to encourage participation in certain
natural resource education programs. Otherwise retains present law. HLS 12RS-1411 ENGROSSED
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Present law provides that for every tree, 10 inches in diameter breast height or greater, that
is cut down on public land or rights-of-way or under authority of a state agency, a minimum
of two trees will be planted if there is adequate space and the trees were not removed for
safety reasons. Further provides for the forestry commission to promulgate rules and
regulations.
Proposed law repeals present law.
Present law provides for the powers and duties of the forestry commission to include
preparing plans for executing laws relating to forestry, employing a state forester, directing
the state forester in the work of the commission, budget preparation, cooperating with the
federal government, making all expenditures in executing the forestry laws with commission
approval, and maintaining the domiciled office in East Baton Rouge Parish.
Proposed law repeals the provision for making all expenditures in executing the forestry
laws with approval of the commission. Otherwise retains present law.
Present law provides that any rules and regulations promulgated by the forestry commission
for the collection of mayhaw berries in state forests shall be subject to legislative oversight.
Further provides that the collection of mayhaw berries is not subject to public bid laws. Also
provides that no person shall be charged a fee for or limited in quantity of mayhaw berries
that can be collected.
Proposed law repeals present law.
Present law prohibits railroad employees from leaving a deposit of fire or live coals on its
rights-of-way in the vicinity of woodland or lands subject to being overrun by fire. Further
provides for immediate notification by railroad employees who discover material along
rights-of-way that are burning. Additionally provides for such owners of railroads,
transmissions lines or oil or gas lines to provide employees with instructions on fire
prevention, prompt extinguishment, and placement of warning placards.
Proposed law repeals present law.
Present law prohibits any person from operating a locomotive or logging, portable or
stationary engine which burns wood, coke, or coal within 200 feet of any grass, brush, or
forest land unless the engine is equipped with an approved spark arrester and ask pan.
Further allows the forestry commission to promulgate rules and regulations as necessary for
the enforcement of present law. Additionally allows the commission to enter private
premises in the enforcement of present law.
Proposed law repeals present law.
Present law allows the forestry commission to contract with any forest landowner who will
agree to grow suitable and useful timber trees under the supervision of the commission.
Proposed law repeals present law.
Present law provides for any landowner to apply to the forestry commission to contract for
reforestation of forest lands denuded of timber of which said application shall include certain
specific information regarding quality of the land, location, and proper description, market
cash, as well as assessed value of the land and plat. Further provides for duplicate
application filing within the parish and submission of plan for planting of seedlings.
Proposed law repeals present law.
Present law provides for the inspection and valuation of certain lands for application
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value and suitability for timber growing, production, and culture; such written inspection
report submitted to the forestry commission and parish governing authority. Further
provides that no contract shall exist until such inspection is performed and cash value of land
has been fixed by proper resolution of the parish governing authority as part of its permanent
records. Additionally provides that the fixed value of the lands be accepted by the tax
commission and parish assessor, which land shall be assessed yearly.
Proposed law repeals present law.
Present law provides that no written contract under the provisions for reforestation shall
exceed 40 years. Further provides that no contract shall exist with any landowner where the
average cash value per acre, exclusive of timber, is in excess of $8. Provides that no contract
shall exist with any landowner with a fixed cash value of land less than $3 per acre.
Proposed law repeals present law.
Present law provides that a reforestation contract shall obligate the landowner to plant
suitable and useful timber trees, to protect the land from fires, and to protect and maintain
the trees in growing condition for duration of said contract. Further provides for an annual
inspection at the landowners request. Additionally provides for restoration to the tax rolls
of which timber will continue to be subject to severance taxes under provisions of present
law.
Proposed law repeals present law.
Present law provides for cancellation of a reforestation contract should the landowner fail
to maintain the land in accordance with provisions of said contract, at which time the land
and any timbers shall be restored to assessment rolls and taxed the same as similar lands and
timber. Further requires the landowner to pay the state and parish a certain sum equivalent
to the difference between actual taxes paid and taxes which would have been levied upon
non-contracted land, plus 6% interest.
Proposed law repeals present law.
Present law provides for an amendment to any existing reforestation contract between a
landowner and the forestry commission by written agreement of both parties fixing the
contract period not to exceed 40 years; pending the adoption of a resolution by the parish
governing authority agreeing to the valuation of the contracted lands or jointly with the
forestry commission by resolution fix the then cash value of said lands.
Proposed law repeals present law.
Present law prohibits any electric lighting or power company from attaching wires to any
tree along any municipal street or any tree along any public highway of the state. Provides
for a fine of not less than $25 nor more than $100 for each violation.
Proposed law repeals present law.
Present law allows the forestry commission to purchase La. land suitable for forest culture
and for state forests for not more than an average of $10 per acre. Provides that any surplus
money for such purpose be credited to the forestry commission.
Proposed law repeals present law.
Present law requires landowners who sever or bleed forest lands for turpentine to leave
standing and unbled an average of two seed trees per acre for every 10-acre plot of which
seed tree is not less than 10 inches in diameter, four and a half feet from ground. HLS 12RS-1411 ENGROSSED
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Proposed law repeals present law.
Present law provides that a violation of any prohibition relative to the protection and
reforestation provisions, where a penalty has not otherwise been provided, shall be a fine of
not less than $25 and nor more than $100, or imprisonment for not less than 30 days, or both.
Proposed law repeals present law.
Present law provides for rules and regulations for protection against fire applying to
locomotives and other like machines. Further provides for certain spark arresters for coal
burning and wood burning equipment, fireboxes, inspection recordkeeping, railroad
employee duties, and ash pans.
Proposed law repeals present law.
Present law requires the forestry commission to furnish any landowner engaged in forest
activities, seedlings at a fixed price from the commission's nurseries. Further provides for
the revenue from seedling sales be retained by the commission for development and
operation of nurseries for forestry research and experimentation, land acquisition, and
general operations.
Proposed law repeals present law.
(Amends R.S. 3:2(D), 4274.1, 4276, 4279(A), 4292, 4325, and 4326; Repeals R.S.
3:4271(B), 4274(6), 4274.2, 4279(B) and (C), 4280, 4284-4289, 4290, 4291, 4293-4295,
and 4302)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Agriculture, Forestry,
Aquaculture, and Rural Development to the original bill.
1. Revised powers and duties of the state forester.
2. Allowed any railroad company to keep upon the right-of-way cross ties or other
materials necessary for the operation or maintenance of the railroad.
3. Required the Dept. of Education and parish school boards to encourage
participation in certain natural resource education programs.
4. Allowed the governing authority of each parish to appoint a parish board of
forestry upon approval by the La. Forestry Commission and the state forester.
5. Allowed the state forester to administer and supervise a parish forestry program
where established.