WILLIAM DONALD SCHAEFER, Governor Ch. 819

(2)  The reforestation projects shall be established
only on State-owned OR OTHER PUBLICLY OWNED land where the agency
that owns the land agrees to that use.

(3)  The constructing agency shall reimburse the
Department for the reforestation activities at an appropriate
rate not to exceed [$200] $500 per acre.

(4)  Any land for a reforestation project shall be:

(i) [On] IF POSSIBLE, ON the site or in the
project right-of-way being used for the construction activity; or

(ii) On State-owned OR OTHER PUBLICLY OWNED
land in the county WATERSHED [watershed] COUNTY in which the
construction activity is located if sufficient area is not
available at the site or within the project right-of-way.

(d)  (1) If the constructing agency is unable to locate a
sufficient amount of State OR OTHER PUBLICLY OWNED land to comply
with the requirements of subsection (c) of this section, the
constructing agency shall contribute money, at the rate of [$200]
$500 for each acre cleared but not replaced, to a special fund to
be maintained in the Department and to be known as the
Reforestation Fund.

(2) There is a Reforestation Fund in the Department.

(e)  (1) Money deposited in the Reforestation Fund:

(i) Shall remain in the Fund until appropriated
and spent; and

(ii) May not revert to the General Fund.

(2) The Department shall use the Reforestation Fund
solely to plant trees on State OR OTHER PUBLICLY OWNED lands
located in the county WATERSHED [watersheds] COUNTY in which
construction projects giving rise to Fund contributions are
located.

(f)  (1) Any unit of State government OR ANY OTHER PERSON
USING STATE FUNDING that engages in construction activities
involving land clearing on forest lands shall consult with the
Department to assure compliance with this section:

(1) (I) Before cutting in or clearing a forest; and

(2) (II) Before locating a reforestation area in
accordance with this section.

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