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Regular Session, 2012
HOUSE BILL NO. 907
BY REPRESENTATIVES KATRINA JACKSON AND HENRY BURNS AND
SENATORS ALLAIN, LONG, AND THOMPSON
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 4289,3
4290, 4291, 4293 through 4295, and 4302, relative to forests and forestry; to provide4
for cooperative endeavors; to provide for the powers and duties of the state forester;5
to provide for the duties of forestry officers; to provide for the clearing of6
combustible material; to provide for the instruction of forestry on certain days; to7
provide for a parish board of forestry; to provide for a forestry program; to repeal8
certain provisions for the protection and reforestation of lands; to repeal certain9
provisions relative to forest tree seedling nurseries; to repeal the provisions of10
acreage tax on certain forest lands; and to provide for related 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 ENROLLEDHB NO. 907
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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 immovable property of the16
commission and the property, assets, and resources of the office of forestry or the17
department, any commissioned forestry officer shall possess all the powers and18
authority of regular 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 ENROLLEDHB NO. 907
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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 ENROLLEDHB NO. 907
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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 and the 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
cleared, an adequate fire line, the commission may require the owners or operators30 ENROLLEDHB NO. 907
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thereof to enter upon forest, waste, or cut-over lands adjacent to the rights of way,1
and at not more than two hundred feet from the outer rail on both sides of the track2
in the case of a railway right of way, and not more than two hundred feet from the3
center of the right of way of a person owning or operating electric transmission lines4
or oil or gas pipe lines, to plough a furrow not less than three nor more than six feet5
in width, and to clear the strip lying between the furrow and the right of way in the6
same manner as required in case of the right of way. This requirement does not7
apply in the case of temporary spurs or railroads and tramroads, nor shall in any case8
lands in actual cultivation be entered upon in carrying out these requirements. does9
it prohibit any railroad company from piling or keeping upon the right-of-way, cross10
ties or other materials necessary for operation or maintenance of the railroad.11
However, any person thus required to plough a furrow is relieved of any12
responsibility for damages which the owner of the land may claim as a result thereof.13
* * *14
§4292. Instruction on forestry in public schools; Arbor Day15
The Department of Education and the parish school boards shall provide for16
proper courses of instruction by textbooks or lectures on the general subject of17
forestry in all public schools. They shall encourage the observance of Arbor Day by18
all public schools. and encourage participation in natural resource education19
programs such as Forestry Awareness, Forestry Skills, 4-H, Future Farmers of20
America, and Project Learning Tree to promote learning about the natural21
environment and the opportunities and benefits it provides for all students.22
* * *23
§4325. Parish board of forestry; appointment and term; compensation 24
Upon approval by the commission and the state forester, the governing25
authority of each parish cooperating shall may appoint a parish board of forestry. It26
shall consist of one member of the governing authority of the parish, one27
representative of the commission, two representatives of the forest products28
industries presently in a managerial or executive capacity, and one representative of29
the parish landowners. The last three named members shall serve for terms of three30 ENROLLEDHB NO. 907
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years after the initial terms, of one, two, and three years. Appointments to fill1
vacancies shall be for the unexpired term. The parish board serves without2
compensation or per diem.3
§4326. Supervision of forestry program; detailed plan 4
The state forester with the approval of the forestry commission shall may5
administer and supervise the forestry program within in each parish. It shall where6
such programs may be established. submit a detailed forestry program to the parish7
board for approval prior to instituting such a program. The detailed plan shall8
include the budget of proposed expenditures for forestry work in the parish affected.9
* * *10
Section 2. R.S. 3:4271(B), 4274(6), 4274.2, 4279(B) and (C), 4280, 4284 through11
4289, 4290, 4291, 4293 through 4295, and 4302 are hereby repealed in their entirety.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: