Tennessee § 11-4-201 - Creation — Members — Powers and duties.

§ 11-4-201. Creation — Members — Powers and duties.

There is created within the department a state forestry commission. The commission shall consist of seven (7) members, each of whom shall be a citizen of this state, and be eighteen (18) years of age or older. Each member shall be appointed by the governor. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person appointed to serve on the commission is a member of a racial minority. The initial appointments of the commission shall be made by the governor in the following manner: Two (2) of the members shall be the owners of not more than five hundred (500) acres of forests within the state; One (1) of the members shall be the owner or representative of an owner of five hundred (500) acres or more of forests within the state; One (1) of the members shall be a representative of a pulp and paper industry operating in this state; One (1) of the members shall be a representative of the hardwood products industry operating in this state; One (1) of the members shall be an active member of a statewide conservation organization having as one (1) of its principal objectives the conservation and use of the forest resource; and The remaining member shall be appointed by the governor from the public at large. Two (2) members shall be appointed for a period of two (2) years, three (3) members shall be appointed for a period of four (4) years, and two (2) members shall be appointed for a period of six (6) years, as designated by the governor in the governor's appointments. At all times at least three (3) of the members shall hold a forestry degree from an institution accredited by the Society of American Foresters and shall have at least five (5) years' experience in forest related activity. Upon the expiration of such terms, appointments thereafter shall be for a period of five (5) years and until their respective successors in office have been appointed. A member shall serve no more than two (2) terms. Initial appointments shall be made and confirmed by March 1, 1985, and members shall serve until July 1 of each year in which their term expires. The position of any member shall become vacant when such member misses, without cause, more than two (2) consecutive meetings of the commission. Cause shall be determined by the commission. Appointments of new members and appointments to fill vacancies shall be confirmed by the general assembly as soon as practical but no later than the end of the first session of the general assembly following the appointment. If a vacancy occurs, the governor shall appoint a person to fill the remainder of the unexpired term. The commissioners of environment and conservation and agriculture and the executive director of the Tennessee wildlife resources agency, or their designees, shall serve as nonvoting members of the commission. The commission shall elect from its membership a chair, vice chair and a secretary who shall serve for a period of one (1) year. The commission shall meet at such time and place as designated by the commission or the chair thereof, but the chair shall call a meeting at least four (4) times a year. The first meeting shall be called by the commissioner of agriculture within sixty (60) days after the appointment and confirmation of the members. The division shall provide the commission with suitable meeting space and any necessary clerical and technical assistance. The commission members shall receive no compensation but shall be reimbursed for their travel expenses while engaged in the work of the commission. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. It is declared to be the legislative intent that the commission shall place first and foremost the welfare of the state's forest resources in the commission's planning and decisions, and to encourage the multiple development and use of the state's forest resources to the benefit of all of the citizens of Tennessee, including, but not limited to, the creation of a comprehensive long-range forest resource plan to integrate the division's efforts and to implement and encourage full utilization of Tennessee's forests and other related resources with sound conservation principles. It is further declared that the commission be given authority by and through this chapter to formulate and recommend state forestry policies to the governor and that the commissioner shall be responsible for administering the state's forestry policies and programs through the division. The commission shall have and exercise the power, duty and responsibility to formulate and recommend to the governor state forestry programs which shall include the following: Adequate fire protection for all state and privately owned forests within the state; The production and distribution of high quality forest tree seedlings to meet the reforestation needs in the state; Promotion of reforestation; Forest management assistance to landowners; Educational programs for the purpose of promoting a better understanding of forest activities' values and benefits to be received from forests by the citizens of the state; Distribution of information concerning the state's timber and forest resources; Management of state forests; Management of trees in urban areas; Promotion of effective forest products utilization; Promotion of the development and expansion of markets for forest products; Cooperative agreements with the federal government with respect to the protection of timbered and forest-producing land from fire, insects and disease; the acquisition of forests to be developed, administered and managed as state forests; the production, procurement and distribution of trees; the implementation of an educational program; the assistance of the owners of farms to establish, improve and renew forests and other valuable forest growths; and the collection and publication of data relative to timber and forest resources or any other program which will assist the commission in fulfilling the purposes of this chapter; and Protection of forest soil and the quality and quantity of water. The commission is directed and authorized to perform the following duties and functions: Submit names for the position of state forester in accordance with § 11-4-301(a); Approve the annual budget as submitted to the commission by the state forester. The commission shall review the budget proposal and submit its approved budget request to the commissioner for the commissioner's consideration. Any recommended changes made in the budget request by the commissioner must be justified in writing and attached to the commission's budget request when submitted to the department of finance and administration. During the budgetary process, the commission shall have the opportunity to meet with the department of finance and administration and both the house of representatives and senate committees on finance, ways and means relative to the forestry budget proposal as recommended by the commission; Make an annual report to the governor, the commissioner, the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate or their successor committees concerning the activities and accomplishments of the commission for the preceding year; Recommend to the general assembly legislation to protect, conserve, and develop resources of the state; Approve the division's comprehensive long-range plan for the state's forest resources; Establish state forestry policies which will enable the division to manage and maintain programs of fire protection, forest pest management, reforestation, landowner assistance, utilization, marketing, communications, education and information and management of the state owned forests; and Include in budget recommendations those goals and objectives to implement the state forestry policies. The commission shall have access to any governmental data or information necessary to carry out this chapter. Acts 1937, ch. 280, § 3; 1949, ch. 282, § 1; C. Supp. 1950, § 630.7 (Williams, § 630.8); Acts 1963, ch. 28, § 1; T.C.A. (orig. ed.), § 11-402; Acts 1984, ch. 978, § 1; 1986, ch. 652, §§ 6, 47, 48; T.C.A., § 11-4-102 ; Acts 1988, ch. 1013, § 9; 1998, ch. 605, § 2; 2012, ch. 604, § 12; 2013, ch. 112, §§ 1-4; 2013, ch. 236, § 6; 2017, ch. 115, § 3. Compiler's Notes. The state forestry commission, created by this section, terminates June 30, 2021. See §§ 4-29-112 , 4-29-242 . For transfer of the division of forestry and its related functions and the administration of the Tennessee Forestry Act (ch. 4 of this title) from the department of environment and conservation to the department of agriculture, see Executive Order No. 41 (February 4, 1991). Former §§ 11-4-201 — 11-4-205 (Acts 1933, ch. 166, §§ 1, 2, 4-6; 1935, ch. 162, § 1; C. Supp. 1950, §§ 630.22, 630.23, 630.25-630.27 (Williams, §§ 552.1, 552.2, 552.4-552.6); T.C.A. (orig. ed.), §§ 11-417 — 11-421), concerning reforestation, were repealed by Acts 1986, ch. 652, § 1. For provisions governing reforestation, see part 6 of this chapter.