§ 3:2 — Creation, powers, and duties of Department of Agriculture and Forestry and the

Louisiana § 3:2

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§2. Creation, powers, and duties of Department of Agriculture and Forestry and the
commissioner of agriculture and forestry
A. The Department of Agriculture and Forestry is created in accordance with the
provisions of Article IV, Section 10 of the Constitution of Louisiana. The commissioner of
agriculture shall head the department and shall exercise all functions of the state relating to
the promotion, protection, and advancement of agriculture and forestry, except research and
educational functions expressly allocated by the constitution or by law to other state
agencies. The department shall exercise such functions and the commissioner shall have
other powers and perform such duties as authorized by the constitution or provided by law.
The Department of Agriculture shall be known as the Department of Agriculture and
Forestry. Whenever the phrases "Department of Agriculture" and "Department of
Agriculture and Immigration" appear in any statute, rule or regulation, contract, or other
document, those phrases shall be deemed to refer to the Department of Agriculture and
Forestry.
B. The Department of Agriculture and Forestry, through the office of forestry, shall
develop a timber management plan which shall consist of an inventory of the resource and
any silvicultural activities that may be needed to perpetuate the resource and shall manage
all timber on all state lands except timber which is on state land under the jurisdiction of the
Department of Wildlife and Fisheries, the Louisiana State University and Agricultural and
Mechanical College, or the office of state parks, Louisiana Department of Culture,
Recreation and Tourism. The management of the timber shall include joint decisions
between the Department of Agriculture and Forestry and the agency which has title of the
land on harvesting or removing trees, prescribed burning or other management practices,
marketing of timber, and reforestation. When good management practices indicate that the
land on which the timber is located can be used in more than one way, the agency which has
jurisdiction over the land on which the timber is located shall have the final authority
concerning the use of that land.
C. All funds derived from the sale of timber on state lands under this Section shall
be deposited in the state treasury. Monies derived from the sale of timber on state lands in
the custody of the Louisiana Department of Health shall be deposited into the state general
fund. The legislature shall annually appropriate to the Department of Agriculture and
Forestry the costs incurred by that department under the provisions of this Section.
D. The Department of Agriculture and Forestry, through the office of forestry, may
participate in cooperative endeavors with the federal government and with local governments
in this state relating to the Federal Excess Property Program and the Firefighter Property
Program for rural fire defense.
E. The Department of Agriculture and Forestry, through the office of forestry, may
enter into cooperative endeavors with local governments or duly organized and officially
recognized fire organizations for the purpose of making available to those organizations any
applicable state owned surplus equipment which can be utilized in suppressing or providing
protection from fires in rural areas. In order to facilitate these cooperative endeavors, the
following provisions shall apply:
(1) The Louisiana Property Assistance Agency will notify the office of forestry
whenever any appropriate surplus property is available.
(2) The office of forestry shall conduct periodic inspections of surplus property
available to the Louisiana Property Assistance Agency.
(3) When the office of forestry determines that specific property is appropriate for
use in a cooperative endeavor, the office of forestry shall give written notice of that
determination to the Louisiana Property Assistance Agency. Upon receipt of the notice, the
Louisiana Property Assistance Agency shall reserve the described property for the exclusive
use of the office of forestry.
(4) The office of forestry shall assign the equipment to local governments or fire
organizations. The office of forestry shall adopt administrative rules to insure that the
assignment of property is made in a manner which is fair and equitable.
(5) The assignment and the cooperative endeavor shall be evidenced by a written
agreement between the office of forestry and the local government or the fire organization.
(6) All equipment assigned as a result of a cooperative endeavor shall remain the
property of the state, and the office of forestry shall maintain state inventory information with
regard to that property.
(7) The office of forestry shall inspect all loaned equipment to determine the status
of the equipment and the continued use of the equipment for fire protection purposes.
(8) The local government or the fire organization to which the equipment is loaned
shall pay the costs of liability insurance, maintenance, and other expenses related to the
equipment.
(9) When the local government or fire organization has no use for the loaned
equipment, for any reason, the local government or fire organization shall return the
equipment to the office of forestry. The office of forestry shall loan the equipment to another
local government or fire organization or return the equipment to the Louisiana Property
Assistance Agency.
F. The commissioner of agriculture and forestry and any department head for the
state of Louisiana may by mutual agreement:
(1) Enter into a cooperative endeavor for the purpose of implementing any law which
relates to the powers and duties of their respective departments.
(2) Adopt rules and regulations necessary for the implementation of the cooperative
endeavor.

Legislative History

Acts 1987, No. 123, §1; Acts 1987, No. 211, §1; Acts 1988, No. 201, §1; Acts 2007, No. 438, §1, eff. July 11, 2007; Acts 2009, No. 24, §1, eff. June 12, 2009; Acts 2012, No. 808, §1; Acts 2018, No. 612, §2, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.