TITLE XIX-A
FORESTRY

Chapter 227-H
PUBLIC FOREST LANDS: MANAGEMENT, ACQUISITION, AND LOST TAXES

Section 227-H:1

    227-H:1 Declaration of Purpose. – It is hereby recognized and declared that state-owned reservations contribute to the conservation of natural resources and distinctive quality of life in the state. The public welfare of this state is served by the prudent acquisition and management of reservations to provide forest benefits and for the purposes of demonstrating sound forestry principles, protecting habitat for plants, animals, and other organisms, conserving forested watersheds, preserving areas of rare and exemplary natural beauty and ecological value, and providing for perpetual public access and use.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:2

    227-H:2 Duties of the Director. –
I. The director shall:
(a) Ensure that forest management on reservations:
(1) Gives due consideration to the conservation of all resources and benefits.
(2) Considers the context of these reservations in the surrounding landscape.
(3) Is guided by principles of sustained yield.
(b) Coordinate forest management on reservations with other interested state and federal agencies.
(c) Allow for public involvement in forest management planning for reservations.
(1) Raise seedling trees at a state forest nursery and, on terms approved by the commissioner, sell the trees to persons who desire to plant them. The director may, with like approval, distribute limited quantities for educational purposes free of charge to nonprofit organizations, counties, municipalities, and public institutions at events approved by the director.
(2) In the case of land owned by counties or municipalities, they shall pay the cost of planting the trees furnished by the state, shall protect and care for them as recommended by the director, and, when required, shall furnish the director with information as to the trees' condition and growth.
II. The director may:
(a) Enter into agreement with persons or institutions to grow seedling trees to be sold as described in paragraph I, if the commissioner deems it expedient so to do.
(b) Take means for the protection of reservations from forest fire, forest pests, and any other damaging agents, and, as far as compatible with the wishes of a donor of land to the state, plant and remove trees and otherwise improve the forest conditions.

Source. 1995, 299:1, eff. Jan. 1, 1996. 2014, 75:1, eff. July 26, 2014.

Section 227-H:3

    227-H:3 Acquisition of Reservations. –
I. The department is authorized to purchase, receive or exchange, with consent of the governor and council, lands or interests in lands for use as reservations and to make provisions for their management.
II. If the department cannot agree with the owners as to the price of a reservation to be used for public recreational or park purposes, it may condemn the same under the power of eminent domain, and the value shall be determined upon petition to the superior court as in the case of lands taken for highways.
III. On the payment of the value as finally determined, the title to the land so taken shall vest in the state and be forever held for the purposes of a reservation, and the tract shall at all times be open to the use of the public.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:4

    227-H:4 Disposal of Land. – Disposal of reservations shall follow the provisions of RSA 4:40 and all other laws that relate to the disposal of state-owned real estate.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:5

    227-H:5 Land to be Retained. –
Due to the continuing demand for development of the land for residential and other purposes, the following state-owned land shall be retained by the state for future generations, other provisions of law notwithstanding:
I. Bears Den natural area, located in the town of Gilsum, consisting of approximately 95 acres, more or less.
II. Binney Pond natural area, located in the town of New Ipswich, consisting of approximately 77 acres, more or less.
III. Bradford Pines natural area, located in the town of Bradford, consisting of approximately 5 acres, more or less.
IV. Chesterfield Gorge natural area, located in the town of Chesterfield, consisting of approximately 13 acres, more or less.
V. Jeremy Hill natural area, located in the town of Pelham, consisting of 63 acres, more or less.
VI. Rhododendron natural area, consisting of approximately 73 acres, more or less, within the Rhododendron state forest park, located in the town of Fitzwilliam.
VII. White Lake Pitch Pine area, consisting of approximately 68.5 acres, more or less, within the White Lake state forest park, located in the town of Tamworth.
VIII. Hamel state forest, consisting of approximately 41 acres in the city of Laconia.
IX. Houston-Morgan state forest, consisting of approximately 165 acres in the city of Laconia.
X. Opechee Bay tract, consisting of approximately 650 acres in the city of Laconia.
XI. Paugus Bay tract consisting of approximately 242 acres in the city of Laconia.
XII. Prescott state forest, consisting of approximately 116 acres in the city of Laconia.
XIII. Swain state forest, consisting of approximately 106 acres in the city of Laconia.
XIV. Kona wildlife management area, consisting of approximately 320 acres in the town of Moultonborough.
XV. Connecticut Lakes headwaters tract natural areas, consisting of approximately 25,000 acres in the towns of Pittsburg and Clarksville.
XVI. Connecticut Lakes headwaters tract addition to the Deer Mountain campground, consisting of approximately 100 acres in the town of Pittsburg, to be owned and managed for conservation and outdoor recreation purposes only.
XVII. Grassy Pond natural area, located in the town of Litchfield, consisting of approximately 99.6 acres, more or less.

Source. 1995, 299:1. 2002, 148:5, eff. May 14, 2002. 2012, 34:1, eff. May 2, 2012.

Section 227-H:6

    227-H:6 Gifts of Land. – Whenever any person shall deed to the state any tract of land adapted for forest growth, so that no cost of purchase shall accrue against the state, the department is authorized to accept and hold such tracts in the name of the state, and to reforest, protect, and manage them in the same manner as other state lands under the jurisdiction of the department.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:7

    227-H:7 Donation of Funds. – The state treasurer is hereby authorized to receive at any time such sums of money as may be donated for the purpose of purchasing, maintaining, and improving state reservations and buildings on them, or any other forestry project. Money so received shall be converted into a continuous fund or funds from which payments shall be made in accordance with the stipulations of the donor upon warrant of the governor for such purposes as are approved by the department.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:8

    227-H:8 Use of Land for Recreational Purposes. – Any land acquired by the department or under its jurisdiction, pursuant to this chapter, may, in the discretion of the department, be used for public recreational and park purposes, provided that such use is not contrary to the conditions incident to any bequest or gift.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:9

    227-H:9 Privileges and Concessions. – The commissioner may make contracts for the leasing of privileges and concessions on state reservations, for periods not exceeding 5 years, except such 5-year limitation shall not apply to contracts between the state and the 4-H Foundation of New Hampshire, Incorporated, relative to facilities at Bear Brook state park. All such contracts extending for a period of more than 3 years or for an annual consideration of more than $2,500 shall be approved by the governor and council prior to being effective.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:10

    227-H:10 Recording. – All contracts made under the provisions of RSA 227-H:9, extending for a period of more than 3 years or for an annual consideration of more than $2,500, shall be recorded in the registry of deeds in the county, or counties, where the lands to which such contracts relate are situated.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:11

    227-H:11 Islands. –
I. The following islands in the following lakes or ponds are hereby placed within the jurisdiction of the department, as public reservations:
(a) Loon Island in Keysar Lake in the town of Sutton.
(b) Small Island in Sand Pond in the town of Marlow.
(c) Ingalls Island in Rocky Pond in the town of Canterbury.
(d) North Island in Rocky Pond in the town of Gilmanton.
(e) 3 islands in Ledge Pond in the town of Sunapee.
(f) An island in Wheelwright Lake in the town of Lee.
(g) An island located in Kingswood Lake (formerly Cook's Pond) in the town of Brookfield.
(h) 7 islands in Pleasant Pond in the town of Danbury.
(i) The island in Baptist Pond in the town of Springfield.
(j) The island in Billings Pond in the town of Sutton.
(k) The island in Eastman Pond in the town of Grantham.
II. Nothing contained in this section shall confer authority on the department to dispose of the islands by sale, and nothing contained in this section shall be construed to affect the title to any such islands.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Abatement of Taxes to Towns Containing Public Forest Lands; State Lands

Section 227-H:12

    227-H:12 State Taxes; Application. – The commissioner of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to the form upon which towns shall apply to the commissioner of revenue administration for an abatement of the town's portion of its state tax. Any town in which national forestlands and land held by the state for operation and development as state forestland are situated, whether acquired by gift, purchase, or in any other manner, may apply, by its selectmen, to the commissioner of revenue administration, on forms provided by the commissioner of revenue administration, annually, before September 1, for an abatement of its portion of the state tax, to an amount not exceeding 1/2 the taxes for all purposes which such town might have received from taxes on such lands in such year had such lands been taxable. No abatement shall be made for lands held by the state for recreational purposes. In the event that the amount appropriated in any biennium shall be insufficient for the purposes under this section, then the towns entitled to benefits under this section shall be reimbursed proportionately, unless otherwise subsequently ordered by the legislature.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:13

    227-H:13 Procedure. – The commissioner of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to the application form for abatement under RSA 227-H:12 and the granting of hearings. Application for such abatement shall be made on forms provided by the commissioner of revenue administration. On the facts stated in such application, the commissioner of revenue administration may make such abatement on a case by case basis as equity may require, subject to the limitations provided in this chapter. After the commissioner of revenue administration has made the decision known, any town dissatisfied with the decision may, within 30 days, request a hearing. The commissioner of revenue administration shall grant a hearing, after giving due notice to the selectmen.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:14

    227-H:14 Evidence. – In making any abatement the commissioner of revenue administration shall consider among other facts, the amount of compensation, if any, which the town has received in any year from the federal or state governments on account of such federal or state land.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:15

    227-H:15 Abatement. – If an abatement is granted, the commissioner of revenue administration shall certify the fact and the amount to the state treasurer, who shall account to the town for such abatement out of any funds in the treasury not otherwise appropriated. In case the amount so certified by the commissioner of revenue administration shall be greater than the state tax assessed against the town, the excess shall be paid to the town by the state treasurer out of any funds in the treasury not otherwise appropriated, upon the approval of the governor and council.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:16

    227-H:16 Expense. – Any expense incurred upon an application for abatement under this chapter or any expense of investigation or hearing shall be paid by the town making application; however, in the event of the granting of an abatement the amount of such expense shall be included with the amount of taxes abated.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:17

    227-H:17 Payment in Lieu of Taxes. – The commissioner of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to forms for application to the commissioner of revenue administration for payment for lost taxes. Any town in which national forest lands and land held by the state for operation and development as state forestland, as defined by the department for the purposes of this section, are situated, whether acquired by gift, devise, purchase, or in any other manner, may apply, by its selectmen, to the commissioner of revenue administration on forms provided by the commissioner, annually before September 1, for the payment of an amount not exceeding the taxes for all purposes which such town might have received from taxes on such lands in such year had such lands been taxable. In the event that the amount appropriated in any biennium shall be insufficient for the purposes under this section, then the towns entitled to benefits under this section shall be reimbursed proportionately, unless otherwise subsequently ordered by the legislature.

Source. 1995, 299:1. 1999, 17:50, eff. April 29, 1999.

Section 227-H:18

    227-H:18 Application for Payment. – The commissioner of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to the amount of payment to be made and hearings for town selectmen. The commissioner of revenue administration shall consider such application and the facts set forth in it and shall determine the amount of payment to be made on a case by case basis as equity may require. After the commissioner of revenue administration has made known the decision, the selectmen of any town may request a hearing within 30 days from the date of notice of such decision, and the commissioner of revenue administration shall hold a hearing after giving due notice to the selectmen. The decision of the commissioner of revenue administration made after such hearing shall be final.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:19

    227-H:19 Payment. – If reimbursement is allowed, the commissioner of revenue administration shall certify the fact and the amount to the governor who shall draw a warrant on the state treasury out of any money not otherwise appropriated authorizing payment of the sum so specified to such town on the dates when the sums become available, but not later than 30 days after the amount is known.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Expenditures of Funds Received from the United States; Federal Lands

Section 227-H:20

    227-H:20 Distribution. – All sums received by this state from the United States, on account of the national forest in this state established under the provision of the Weeks law, so called, being an act of Congress approved March 1, 1911, and amendments thereto, shall be distributed as provided in this subdivision.

Source. 1995, 299:1, eff. Jan. 1, 1996.

Section 227-H:21

    227-H:21 Apportionment. – The funds shall first be apportioned by the department of education among the several organized towns, unincorporated towns, and unorganized places in which such national forest is or may be situated, in proportion to the area of such national forest in each, as determined by the forest service of the United States Department of Agriculture.

Source. 1995, 299:1. 1999, 200:1, eff. Sept. 4, 1999.

Section 227-H:22

    227-H:22 Use of Funds by Organized Towns. – The several sums so apportioned to each organized town shall be paid over by the department of education, within 90 days after receipt, to the treasurer of the school district in the town, or, if there is no school district in the town, to the treasurer of the school district of which the town is a member and shall be expended for the benefit of the public schools in the organized town, in addition to the sums required by law to be raised for such purposes, in such manner as may be determined by appropriations duly made by school district meetings.

Source. 1995, 137:7; 299:1. 1999, 200:2, eff. Sept. 4, 1999.

Section 227-H:23

    227-H:23 Use of Funds by Unincorporated Towns and Unorganized Places. – All sums so apportioned to unincorporated towns and unorganized places shall be expended for the benefit of public schools in the counties in which such places are located, in such manner as the appropriate county legislative delegation shall prescribe giving due consideration to the expenditure of a portion of such sum as part payment towards the costs of the education of any children residing in such unincorporated towns and unorganized places. Such payment shall be made by the department of education, within 90 days after receipt, directly to financially and politically independent school districts. If there are no students residing within the unincorporated towns and unorganized places in a county, the funds shall be disbursed to the school districts within the same county as the unincorporated towns and unorganized places in a manner as the appropriate county legislative delegation shall prescribe.

Source. 1995, 299:1. 1999, 200:3, eff. Sept. 4, 1999.

Revenue from Federal Lands

Section 227-H:24

    227-H:24 Revenue From Federal Lands. – If any lands of the state, acquired by the federal government, shall be placed under the jurisdiction of the department, in accordance with an agreement entered into by the governor and council and the federal government pursuant to the so-called Fulmer Act (16 U.S.C. sections 567a-567c), or any other similar act, the department shall administer, manage, and develop said lands and distribute the proceeds from such lands in accordance with the terms of such agreement. Other provisions of law relative to the disposition of revenue received from state lands shall not apply to the revenue received under the agreement.

Source. 1995, 299:1, eff. Jan. 1, 1996.