In this subtitle the following words have the meanings indicated. “Approved practice” includes: Planting; Seeding; Timber stand improvement; Prescribed burning; Site preparation; and Other forest resource development practices required of an applicant. “Cost-share assistance” means partial financial assistance in amounts as the Department determines, subject to limitations of this subtitle. “Department” means the Department of Natural Resources. “Eligible landowner” means an individual, group, or corporation that owns private woodland in the State. “Eligible landowner” does not include a corporation or a subsidiary of a corporation that: Manufactures forest products; or Provides utility services and is capable of producing crops of commercial timber. “Secretary” means the Secretary of Natural Resources. “Mel Noland Woodland Incentives and Fellowship Fund” means the special fund established in the State Treasury under § 5–307 of this subtitle.

The General Assembly declares that it is in the general public interest of the State to foster and encourage the development, management, and protection of the nonindustrial private woodlands of the State as these lands provide: Significant environmental, aesthetic, and wildlife benefits; and For the production of timber and forest resources essential to commerce and industry in the State. The General Assembly finds that: The growing demands on woodlands and related land resources cannot be met by intensive management of public lands and industrial forests alone; Nonindustrial private woodlands of the State are a significant source of the production of timber and other forest resources; and Unless measures are instituted to encourage landowners to apply practices to ensure the development, management, and protection of nonindustrial private woodlands, this natural resource will not be sustained with a consequent detriment to the citizens of the State. It is the intention of the General Assembly to provide incentives to eligible landowners: To apply practices that provide for: Afforestation of suitable open lands; Reforestation of cutover or other nonstocked or overstocked woodlands; Timber stand improvement practices, including thinning, prescribed burning, and other silvicultural treatments; and Forest resources management and protection; and To provide for the nonindustrial private woodland production of timber and other related forest resources.

The Department shall develop and implement a Woodland Incentives Program to assist eligible landowners in conducting a program of woodland management. The Secretary shall adopt regulations to carry out the provisions of this subtitle. Regulations under subsection (a) of this section shall include consideration of: The establishment of land size limits for which cost-share assistance may be granted; A determination of practices that are eligible for cost-sharing assistance; Subject to the limitations imposed by this subtitle, the establishment of maximum amounts of assistance that an eligible landowner may receive for implementation of an approved practice; The establishment of criteria for prioritizing applications, including size of land, soil productivity, and tree species; A periodic review of actual costs of woodland development practices; The establishment of criteria for Department assistance in implementation of an approved practice; The imposition by the Department of reasonable charges for implementation assistance; and A system of monitoring the implementation of approved practices.

An applicant for cost–share assistance shall: Submit a woodland management plan to the Department; File an application with the Department stating: The practice to be implemented; The approximate cost of the practice to be implemented; and A description of the land or lands upon which the practice is to be implemented; File a statement of intent stating that the owner: Intends to use the cost–share assistance for long–range timber growing and improvement; and If there is joint tenancy, tenancy in common, or group ownership, has no knowledge of another application that is pending for cost–share assistance to be used on the land described in the application; and Submit other information required by the Department. An owner may not receive a total of State and federal cost share assistance in an amount that exceeds 100% of the actual cost of the approved practice.

An approved applicant may receive cost–share assistance in the amount determined and approved by the Department, provided: No assistance may exceed 75 percent of the actual cost incurred by the applicant in implementing the approved practice on a particular tract of land; An eligible landowner may not receive more than $5,000 in a calendar year for all approved practices implemented by the landowner, unless the owner has submitted a 3–year plan for woodland resource development under item (3) of this section; and If the Department has approved a 3–year plan for woodland resource development, an eligible landowner may not receive more than $15,000 during the 3–year period for all approved practices implemented by the landowner.

An eligible landowner who receives cost-share assistance under this subtitle to implement an approved practice shall execute a written agreement with the Department, that specifies: The practice to be implemented; A description of the land on which the practice is to be implemented; The landowner’s commitment to use the cost-share assistance to implement the practice; The ability of the Secretary or the designee of the Secretary to inspect the land on which the practice is to be implemented in order to determine compliance; and The liability of the landowner for the full amount of cost-share assistance if the practice is not implemented because of the landowner’s failure to comply with the requirements of this subtitle.

In this section, “Fund” means the Mel Noland Woodland Incentives and Fellowship Fund. There is a Mel Noland Woodland Incentives and Fellowship Fund in the Department. The purpose of the Fund is to finance: The Woodland Incentives Program and the cost–share assistance established under this subtitle; and The Mel Noland Fellowship Program established under this subtitle. The Department shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund. The Fund consists of: As provided in § 13–306 of the Tax – Property Article, up to $200,000 annually of the proceeds of the tax imposed by § 13–302 of the Tax – Property Article that are attributable to the taxation of instruments of writing that transfer title to parcels of land that are entirely woodland; Revenues collected by the Department from the payment of charges imposed for Department assistance in implementation of an approved practice; Money distributed from the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund under § 8–2A–04 of this article; Subject to approval by the Secretary and the Board of Public Works, a portion of the revenues derived from the forestry practices on designated lands owned and managed by the Department, that are conducted in accordance with applicable State law and regulation; and Money appropriated to the Fund under paragraph (2) of this subsection. For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund. For fiscal year 2025 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 to the Fund. The Department shall use the Fund: To help fund the Woodland Incentives Program and the cost–share assistance established under this subtitle; To fund the Mel Noland Fellowship Program established under this subtitle; For administrative costs calculated in accordance with § 1–103(b)(2) of this article; To offset the costs of the Forest and Park Service for developing and approving forest stewardship plans on privately owned forest lands; To provide annual grants to the forest conservancy district boards under § 5–605 of this title, to help facilitate their respective outreach efforts to encourage forest land owners to develop forest stewardship and other forest conservation management plans; To establish a forest health emergency contingency program to help: Maintain the health and vitality of publicly owned and privately owned forest lands; and Prevent or control large degradation caused by natural threats; To provide financial assistance, as provided in the State budget, for the administration of an urban and community forestry program established under § 5–426 of this title, including: Increasing the number of communities with tree canopy goals; Facilitating compliance with the Chesapeake Bay Program’s forestry targets; Supporting the use of urban tree canopy expansion for air quality improvement purposes; and Helping achieve implementation of Regional Greenhouse Gas Initiative offset opportunities in urban areas; To help fund a forest marketing and utilization program in the Department to provide financial assistance to help support, stimulate, and market innovative and creative ways to enhance the production of value–added wood products; To help the Department, in cooperation with appropriate public and private sector entities, develop and expand: A forest mitigation banking system; A carbon credit or carbon sequestration program; A clean water credit trading system; An environmental services credit trading program; and A renewable energy credit trading system; and To help offset administrative costs for providing staff assistance to the Sustainable Forestry Council established under § 5–204 of this title. The amount of revenues collected under subsection (f)(1)(i) of this section shall be included in the report required under § 16–103 of the Local Government Article. The amount of the grants under subsection (g)(5) of this section shall be determined by the Department and eligibility for the grants shall be contingent on each board providing an in–kind match as certified by the Secretary. For fiscal year 2021 and each subsequent fiscal year, the Department shall direct $50,000 from the Fund to the Mel Noland Fellowship Program for the purpose of: Paying stipends to fellows, in accordance with § 5–308 of this subtitle; and Offsetting the cost of administering the Mel Noland Fellowship Program, including the cost of recruiting, selecting, and supervising fellows. On or before September 30 of each year, the Department shall report to the Senate Committee on Education, Energy, and the Environment and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on: The use of funds credited to the Fund, including an identification of and the reasons for those revenues derived from forestry practices on designated lands owned and managed by the Department that were not credited to the Fund; The amount of proceeds from the tax imposed by § 13–302 of the Tax – Property Article that are attributable to the taxation of instruments of writing that transfer title to parcels of land that are entirely woodland that were distributed to the Fund under § 13–306 of the Tax – Property Article during the immediately preceding fiscal year; and If the Department is uncertain about the total amount of proceeds for the tax imposed under § 13–302 of the Tax – Property Article that are required to be distributed to the Fund, the uncertainties and the actions required to resolve the uncertainties. The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any investment earnings of the Fund shall be credited to the General Fund of the State. Expenditures from the Fund may be made only in accordance with the State budget.

In this section the following words have the meanings indicated. “Fellow” means an individual selected to participate in the Fellowship Program. “Fellowship Program” means the Mel Noland Fellowship Program. “Managing organization” means an organization selected by the Department to coordinate the administration of the Fellowship Program with the Department. There is a Mel Noland Fellowship Program in the Department. The purpose of the Fellowship Program is to support students seeking a career in fields relating to natural resources as they matriculate and graduate from an institution of higher education. The Department shall develop criteria for the selection of: Fellows; and Managing organizations. The Department shall select a managing organization with which the Department shall coordinate to administer the Fellowship Program under this section. Subject to the provisions of this subsection, each year, the Department and the managing organization shall select two fellows and support them in their matriculation in a natural resources field at an institution of higher education. One fellow shall be seeking a degree to work in the field of natural resources management. One fellow shall be seeking a degree to work in the field of urban and community forestry. The Department or the managing organization may require a fellow to complete tasks related to the Fellowship Program in addition to the fellow’s course of study. A fellow shall receive an annual stipend of $20,000 paid from the Mel Noland Woodland Incentives and Fellowship Fund. Any funds remaining after the stipends under paragraph (1) of this subsection are distributed from the Governor’s appropriation required under § 5–307 of this subtitle shall be used for the administration of the Fellowship Program, including the recruitment, selection, and supervision of the fellows by the Department and the managing organization.