38-602. DETERMINATION OF INFESTED AREAS — POWER OF DIRECTOR OF THE DEPARTMENT OF LANDS — COOPERATION WITH FEDERAL AND OTHER AGENCIES. Whenever the director of the department of lands determines that there exists the threat of an infestation of Tussock moth, pine beetle, or other destructive forest insects, pests or disease injurious to the timber or forest growth on forest lands and that said infestation is of such a character as to be a menace to the timber or forest growth of this state, the director of the department of lands may, with the approval of the state board of land commissioners, declare the existence of a zone of infestation, and may declare and fix the boundaries so as to definitely describe and identify the zone of infestation.

Thereupon, the director of the department of lands or his agent shall have the power to go upon the land within said zone of infestation and shall cause the insect, infestation or disease to be suppressed, eradicated and destroyed in the manner approved by the state board of land commissioners and in order to accomplish the purposes of this chapter the director of the department of lands may enter into cooperative agreement with the federal government and other public or private agencies and with timber land owners using such funds as have been or may hereafter be made available for such purposes; provided, that whenever the cost of suppression and eradication of forest insects, pests or diseases on forest lands exceeds the funds appropriated or otherwise available for that purpose, the state board of land commissioners may authorize the issuance of deficiency warrants against the general account for up to two hundred fifty thousand dollars ($250,000) in any one (1) year for such suppression or eradication.

History:

[38-602, added 1947, ch. 139, sec. 2, p. 335; am. 1987, ch. 192, sec. 8, p. 397; am. 1988, ch. 244, sec. 1, p. 478.]