Forest Growth Clause Samples
The Forest Growth clause defines the standards and expectations regarding the development and maintenance of forested areas within the scope of an agreement. It typically outlines requirements for monitoring tree growth, maintaining a certain rate of reforestation, or ensuring that harvested areas are replanted and managed to promote healthy forest regeneration. This clause ensures that sustainable forestry practices are followed, helping to preserve environmental resources and meet regulatory or contractual obligations related to forest management.
Forest Growth. 9.01 Lessee shall not cut, injure, destroy, or remove any forest growth, except that which shall be absolutely unavoidable in conducting its operations and shall obtain proper approval of District Forester ninety (90) days before removal is to be commenced. The full ninety (90) days prior notice may be reduced upon the discretion of District Forester.
9.02 Lessee, under the direction of Department, shall dispose of all tree tops, limbs, brush, slash, and any other forest growth not to be sold or utilized by Department or Lessee which have resulted from clearing operations from strip mine sites, well sites, access roads, pipeline rights-of-way, and other construction sites, according to a plan approved by District Forester.
9.03 Lessee shall dispose of all tree stumps and large rocks resulting from its clearing and construction operations using a plan approved by District Forester.
9.04 Lessee shall pay Department for all forest growth cut or injured on State Forest land as a result of Lessee's operations, regardless of the ownership of the oil, gas, mineral, or surface support rights. Even though Department has been paid for the damage by Lessee, the title to all forest growth will still belong to the Commonwealth, except as provided in Paragraph 9.06. Damage is defined as the cutting or injuring of the forest growth by clearing a site so that personnel and equipment can be brought onto the location to establish a base from which Lessee can undertake its operation.
9.05 Prior to the clearing of the forest growth by Lessee, District Forester will ▇▇▇▇ and/or designate the area from which forest growth will be removed. The value of the forest growth that will be cut or damaged for the clearing of a road, drilling site, or area to be mined, will be determined by Department based upon timber type, size, and market data, or upon replacement value, for young stands or plantations. Lessee shall then be invoiced for the value as determined by Department. Payment to Department of said invoice must be made before any forest growth may be cut or damaged.
9.06 Lessee shall pay for the forest growth damage at two (2) times its value, as determined by Department; the forest growth shall then become Lessee's property, which then must be removed and sold by Lessee as job requirements dictate. Ownership of the forest growth not removed and sold by Lessee under this subsection shall revert to Department six (6) months after invoicing unless modified in writing by District F...