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NEW HAMPSHIRE STATUTES AND CODES

Section 227-G:5 Forest Funds.


   I. Forest management and protection fund.
      (a) There is hereby established a forest management and protection fund. This fund shall be used for the following:
         (1) Managing state-owned forestlands.
         (2) Monitoring of forest health and protection of state and private forestlands from disease and insect infestations.
         (3) Enforcing the laws relating to the harvesting of timber.
      (b) The forest management and protection fund shall be a nonlapsing fund administered by the treasurer of the state of New Hampshire. The fund shall be continually appropriated and expended at the discretion of the director of the division and the commissioner. Any funds in excess of that appropriated from the fund may be expended by the commissioner, with prior approval of the fiscal committee and governor and council, in accordance with RSA 227-G:5, I(a). Revenues shall be derived from the proceeds of the sale of timber and other forest products from state-owned forestlands, the amount of which shall be the difference between the total receipts from the sale of timber within any fiscal year and $150,000, the average annual stumpage receipt from the sale of timber from state forestlands for the period 1983-1992. Revenues shall also be derived from the lease of state-owned forestlands, or billable services provided by the division of forests and lands, if the revenues are not dedicated to any other purpose. Revenues for the fund shall also be derived from administrative fines collected pursuant to RSA 227-J:14.
   II. Forest improvement fund.
      (a) All revenue derived from rentals and sales of forest products from federal lands placed under the jurisdiction of the department shall be kept by the state treasurer in a separate account as a continuous fund to be known as the forest improvement fund from which the expenses of forest management and silvicultural operations on these federal lands may be paid. Such funds may be used interchangeably between the various federal lands under the jurisdiction of the department, with the approval of the concerned federal agency or agencies.
      (b) All revenues derived from the sale of state lands and buildings under the jurisdiction of the department shall be kept by the state treasurer in a separate account as a continuous fund within the forest improvement fund from which payment shall be made by the department for the purchase and improvement of areas suitable for state reservations.
      (c) At the close of each fiscal year the unexpended balance of moneys in the forest improvement fund shall not lapse but shall be carried forward and be made available for use in subsequent years for such purposes.
   III. Forest protection personnel training fund. The court or justice of any court in which a complaint for a violation of any law or rule relating to this title and other laws pertaining to the protection and improvement of forestlands is prosecuted shall, within 30 days after any fine or forfeiture is paid, remit the amount of such fine or forfeiture to the commissioner, provided, however, that from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine that exceeds $10 and the same shall be dispensed of as provided for in RSA 502:14 or 502-A:8. The portion of the fine or forfeiture returned to the commissioner shall be placed in an account to be known as the forest protection personnel training fund which shall be continually appropriated to the division for the purpose of training forest protection personnel. All administrative fines collected under RSA 227-L:2, V shall be deposited into this fund.

Source. 1995, 299:1, eff. Jan. 1, 1996.

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