North Carolina § 106-1001 - Authority to render scientific forestry services.

§ 106-1001. Authority to render scientific forestry services.

In this Article, unless the context requires otherwise: "Commissioner" means the Commissioner of Agriculture. "Department" means the Department of Agriculture and Consumer Services. The Department is hereby authorized to designate, upon request, forest trees of forest landowners and forest operators for sale or removal, by blazing or otherwise, and to measure or estimate the volume of same under the terms and conditions hereinafter provided. The Department is also authorized to cooperate with landowners of the State and with counties, municipalities and State agencies by making available forestry services consisting of specialized equipment and operators, or by renting such equipment, and to perform such labor and services as may be necessary to carry out approved forestry practices, including site preparation, forest planting, prescribed burning, and other appropriate forestry practices. For such services or rentals, a reasonable fee representing the Commissioner's estimate of not less than the costs of such services or rentals shall be charged, provided however, when the Commissioner deems it in the public interest, said services may be provided without charge, for the purpose of encouraging the use of approved scientific forestry practice on the private or other forestlands within the State, or for the purpose of providing practical demonstrations of said practices. Receipts from these activities and rentals shall be credited to the budget of the Department for the furtherance of these activities. History (1947, c. 384, s. 1; 1969, c. 342, s. 3; c. 344; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1989, c. 727, s. 95; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(ee), (ff).) Transfer of Division of Forest Resources. - Session Laws 2011-145, s. 13.25(a), provides: "(a) The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer, as defined by G.S. 143A-6 ." Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section." Session Laws 2011-145, s. 13.25(zz), provides: "Any references in this act to the Division of Forest Resources of the Department of Environment and Natural Resources shall be construed to refer to the Division of Forest Resources of the Department of Agriculture and Consumer Services. Any references in this act to the Forestry Council of the Department of Environment and Natural Resources shall be construed to refer to the Forestry Council of the Department of Agriculture and Consumer Services." Editor's Note. - This Article is former Article 6A of Chapter 113 , as recodified by Session Laws 2011-145, s. 13.25(ee), effective July 1, 2011. The historical citations to the sections in the former Article have been added to the corresponding sections in this Article as recodified. Session Laws 2011-145, s. 13.25(ee), designated this Article as Article 79 of Chapter 106 . At the direction of the Revisor of Statutes, the new Article has been redesignated as Article 82, and the sections therein renumbered as G.S. 106-1001 through G.S. 106-1003 . This section was formerly codified as G.S. 113-81.1 . It was recodified as G.S. 106-950 by Session Laws 2011-145, s. 13.25(ee), effective July 1, 2011, and renumbered as G.S. 106-1001 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011."' Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5 is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.25(ff), effective July 1, 2011, added present subdivision (a)(1); redesignated former subdivision (a)(1) as present subdivision (a)(2), and therein substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources"; deleted former subdivision (a)(2), which was the definition for "Secretary"; and in subsection (b), twice substituted "Commissioner" for "Secretary," or similar language.