IC 14-23-4
    Chapter 4. State Forest Management

IC 14-23-4-1
Legislative intent
    Sec. 1. (a) It is the public policy of Indiana to protect andconserve the timber, water resources, wildlife, and topsoil in theforests owned and operated by the division of forestry for the equalenjoyment and guaranteed use of future generations. However, by theemployment of good husbandry, timber that has a substantialcommercial value may be removed in a manner that benefits thegrowth of saplings and other trees by thinnings, improvementcuttings, and harvest processes and at the same time provides asource of revenue to the state and counties and provides localmarkets with a further source of building material.
    (b) Notwithstanding subsection (a), IC 13-12-4 does not apply toforestry management practices of the division of forestry.
As added by P.L.1-1995, SEC.16. Amended by P.L.66-2006, SEC.27.

IC 14-23-4-2
"Merchantable timber" defined
    Sec. 2. As used in this chapter, "merchantable timber" meanstimber, trees, and parts of trees that can be used for sawtimber,veneer, poles, posts, pulp, and any other product using wood or partsof trees.
As added by P.L.1-1995, SEC.16. Amended by P.L.66-2006, SEC.28.

IC 14-23-4-3
Permits, leases, and contracts
    Sec. 3. (a) The department may issue permits, execute leases, orcontract for the removal of merchantable timber from the stateforests under this chapter. A permit, lease, or contract must do thefollowing:
        (1) Determine and fix the area within which it is lawful and inthe best interests of the state to permit the removal of timber.
        (2) Specify the nature of the timber to be removed.
    (b) A permit, lease, or contract must include specific provisionsfor at least the following:
        (1) Adequate fire prevention measures.
        (2) The completion of harvesting operations, which includes thedisposition of the slash and repair of rights-of-way.
        (3) Granting of rights-of-way.
        (4) Compliance with rules adopted by the department to carryout this chapter.
        (5) Reports to the department by the person authorized toremove the timber.
        (6) Authorization for the state forester or the state forester'sdesignee to inspect the activities.
        (7) Revocation of permits for failure to comply with any of thefollowing:            (A) This chapter.
            (B) Rules adopted under this chapter.
As added by P.L.1-1995, SEC.16.

IC 14-23-4-4
Removal and sale of merchantable timber; investigations andinspections
    Sec. 4. (a) The state forester or the state forester's designee shallinvestigate the feasibility of the department entering intoarrangements for removal and sale of merchantable timber, takinginto consideration the following:
        (1) Local market conditions.
        (2) Adaptability of terrain for cutting and removal of timber.
        (3) Potential hazards to surrounding stands of timber.
        (4) Other matters that the department requests.
    (b) The state forester or the state forester's designee shall inspectareas in which timber is removed to determine if cutting and removalof timber is conducted in a manner that protects and preserves topsoiland surrounding growths.
As added by P.L.1-1995, SEC.16.

IC 14-23-4-5
Allocation of receipts
    Sec. 5. (a) The net receipts derived from or by virtue of a permit,lease, or contract entered into or issued under this chapter or from orby any operations under this chapter shall be paid as follows:
        (1) Eighty-five percent (85%) of the net receipts shall bedeposited in the state forestry fund.
        (2) Fifteen percent (15%) of the net receipts shall be depositedin the general fund of the county in which the state forest islocated.
    (b) If the land of a state forest is situated in at least two (2)counties, the receipts shall be allocated to the counties pro rata asdetermined on the basis of the acreage of each county that is:
        (1) within the state forest; and
        (2) subject to the permit, lease, or contract.
    (c) All distributions under this section shall be made afterdeducting all costs incurred by the department relating to theoperations.
As added by P.L.1-1995, SEC.16.

IC 14-23-4-6
Payments to counties; distributions to fire departments
    Sec. 6. (a) Pro rata payments to a county shall be made at theclose of each fiscal year on a fiscal year basis. The payments shall bemade to the county by certification on the part of the department ofthe specific amounts due the county upon submission by the countyof state vouchers stating the amounts due. The payments shall bemade by the department in the same manner and procedure as othervoucher claims upon the state are paid.    (b) Subject to subsection (c), fifty percent (50%) of the paymentsmade to each county under this section shall be appropriated andequally distributed to the volunteer fire departments within thecounty that have a cooperative lease agreement or contract with thedivision of forestry.
    (c) Unless the county legislative body allows a greaterdistribution, each fire department is limited to receiving a maximumannual distribution under this section of one thousand dollars($1,000).
As added by P.L.1-1995, SEC.16. Amended by P.L.66-2006, SEC.29.