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New revised version of the full text of the regulations on returning farmland to forests in 218
The full text of the Regulations on Returning Farmland to Forests in 218 is newly revised
Returning Farmland to Forests is to stop the cultivation of sloping farmland that is easy to cause soil erosion in a planned and step-by-step manner from the perspective of protecting and improving the ecological environment, and to plant trees according to local conditions and restore forest vegetation according to the principle of suitable land and trees. The following is my legal knowledge about returning farmland to forests. Welcome to read and learn.
chapter I general provisions
article 1 these regulations are formulated in order to regulate the activities of returning farmland to forests, protect the legitimate rights and interests of those who return farmland to forests, consolidate the achievements of returning farmland to forests, optimize the rural industrial structure and improve the ecological environment.
article 2 these regulations shall apply to the activities of returning farmland to forests within the approved planning scope of the State Council.
article 3 people's governments at all levels shall strictly implement the policies and measures of "returning farmland to forests, closing hillsides for greening, substituting food for relief, and individual contracting".
article 4 returning farmland to forests must adhere to ecological priority. Returning farmland to forests should be combined with adjusting rural industrial structure, developing rural economy, preventing and controlling soil erosion, protecting and building basic farmland, increasing grain yield per unit area, strengthening rural energy construction and implementing ecological migration.
Article 5 The following principles should be followed when returning farmland to forests:
(1) Overall planning, step-by-step implementation, highlighting key points and paying attention to actual results;
(2) Combining policy guidance with farmers' voluntary returning farmland, whoever returns farmland, afforestation, management and benefits;
(3) Follow the laws of nature, adjust measures to local conditions, make forests suitable, and grass suitable for comprehensive management;
(4) Pay equal attention to construction and protection, and prevent damage while managing;
(5) gradually improve the living conditions of those returning farmland to forests.
Article 6 The the State Council Western Development Organization is responsible for the overall coordination of the work of returning farmland to forests, organizing relevant departments to study and formulate relevant policies and measures for returning farmland to forests, and organizing and coordinating the implementation of the overall plan for returning farmland to forests; The forestry administrative department of the State Council is responsible for the preparation of the overall plan and annual plan for returning farmland to forests, the implementation of returning farmland to forests nationwide, and the guidance, supervision and inspection of returning farmland to forests; The development planning department of the State Council, jointly with relevant departments, is responsible for the review of the overall plan of returning farmland to forests, the summary of the plan, the preparation and comprehensive balance of the annual plan for infrastructure construction; The competent financial department of the State Council is responsible for the arrangement, supervision and management of the central financial subsidy funds for returning farmland to forests; The administrative department of agriculture of the State Council is responsible for the planning, preparation, technical guidance, supervision and inspection of returning farmland to grassland and the restoration and construction of natural grassland; The water administrative department of the State Council is responsible for the technical guidance, supervision and inspection of small watershed management, soil and water conservation and other related work in the area of returning farmland to forests and grasslands; The administrative department of grain in the State Council is responsible for the coordination and adjustment of grain sources.
forestry, planning, finance, agriculture, water conservancy, grain and other departments of local people's governments at or above the county level shall be responsible for the relevant work of returning farmland to forests under the unified leadership of the people's governments at the corresponding levels and in accordance with the division of responsibilities stipulated in these regulations.
article 7 the state implements the responsibility system of the people's governments of provinces, autonomous regions and municipalities directly under the central government for returning farmland to forests. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize relevant departments to take measures to ensure the earmarking of the central subsidy funds for returning farmland to forests, organize the transportation and supply of subsidized grain, strengthen the review of returning farmland to forests, complete the tasks of returning farmland to forests assigned by the state on schedule, implement the target responsibilities step by step, sign letters of responsibility, and realize the goal of returning farmland to forests.
article 8 the target responsibility system shall be implemented for returning farmland to forests.
the relevant departments of the local people's governments at or above the county level shall sign a letter of responsibility with the person in charge of the project of returning farmland to forests and the technical person in charge to clarify their responsibilities.
article 9 the state supports the research and popularization of the application technology of returning farmland to forests, and improves the scientific and technological level of returning farmland to forests.
article 1 relevant departments of the State Council and local people's governments at various levels shall organize publicity and education on the activities of returning farmland to forests, so as to enhance citizens' awareness of ecological construction and protection.
units and individuals that have made remarkable achievements in the work of returning farmland to forests shall be commended and rewarded by relevant departments of the State Council and local people's governments at all levels.
article 11. any unit or individual has the right to report and accuse acts that undermine the conversion of farmland to forests.
the relevant people's governments and their relevant departments shall handle the reports and complaints in a timely manner.
Article 12 Audit institutions at all levels shall strengthen audit supervision over the use of funds for returning farmland to forests and grain subsidies.
chapter ii planning and planning
article 13 returning farmland to forests should be planned as a whole.
the overall plan of returning farmland to forests is compiled by the forestry administrative department of the State Council, coordinated by the western development agency of the State Council and audited by the development planning department of the State Council, and then submitted to the State Council for approval and implementation.
the forestry administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with the overall plan for returning farmland to forests, work out the plan for returning farmland to forests in their respective administrative areas, which shall be approved by the people's governments at the corresponding levels and reported to the relevant departments of the State Council for the record.
Article 14 The plan of returning farmland to forests shall include the following main contents:
(1) Scope, layout and key points;
(2) years, objectives and tasks;
(3) investment calculation and sources of funds;
(4) benefit analysis and evaluation;
(5) safeguard measures.
Article 15 The following cultivated land shall be included in the plan of returning farmland to forests, and the farmland to forests shall be implemented in a planned way according to the needs of ecological construction and the national financial resources:
(1) serious soil erosion;
(2) serious desertification, salinization and rocky desertification;
(3) those with important ecological status and low and unstable grain output.
in the plan of returning farmland to forests, priority should be given to the steep slope cultivated land at the source of rivers and its two sides, around lakes and reservoirs, and cultivated land in ecologically important areas such as soil erosion and serious wind and sand hazards.
Article 16 Cultivated land within the scope of basic farmland protection and cultivated land with good production conditions, whose actual grain output exceeds the national grain subsidy standard for returning farmland to forests and will not cause soil erosion shall not be included in the plan for returning farmland to forests; However, due to the special needs of ecological construction, the scope of basic farmland protection can be included in the plan of returning farmland to forests after being approved by the State Council and adjusted according to the procedures stipulated by relevant laws and administrative regulations.
when making the plan of returning farmland to forests, we should consider the long-term livelihood needs of farmers who have returned farmland.
article 17 the plan of returning farmland to forests should be linked with the plan of national economic and social development, the overall plan of rural economic development and the overall plan of land use, and coordinated with the plans of environmental protection, soil and water conservation and sand prevention and control.
article 18 returning farmland to forests must be carried out in accordance with the approved plan. Without the consent of the original approving authority, the plan of returning farmland to forests shall not be adjusted without authorization.
article 19 the forestry administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with the plan of returning farmland to forests, work out the proposal of returning farmland to forests in their respective administrative regions for the next year, which shall be reviewed by the development planning department of the people's government at the corresponding level, and approved by the people's government at the corresponding level, and submitted to the the State Council western development agency, forestry, development planning and other relevant departments before August 31st each year. The forestry administrative department of the State Council shall compile the annual plan proposal of returning farmland to forests nationwide, which shall be coordinated by the western development agency of the State Council, reviewed and comprehensively balanced by the development planning department of the State Council, and approved by the State Council, and jointly issued by the development planning department of the State Council and relevant departments before October 31st.
The development planning departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with relevant departments, break down the plan of returning farmland to forests in the next year of their respective administrative regions according to the national annual plan of returning farmland to forests before November 3, and reach the relevant county (city) people's governments, and report the details of the break-down to the relevant departments of the State Council for the record.
Article 2 The administrative departments of forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the plan of returning farmland to forests for the next year issued by the state, work out the annual implementation plan of returning farmland to forests within their respective administrative areas, which shall be submitted to the people's government at the corresponding level for approval and implementation after being audited by the administrative departments of forestry of the State Council.
the forestry administrative department of the people's government at the county level may, according to the approved annual implementation plan of returning farmland to forests at the provincial level, work out the annual implementation plan of returning farmland to forests within its administrative area, report it to the people's government at the same level for approval and implementation, and report it to the forestry administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for the record.
Article 21 The annual implementation plan of returning farmland to forests shall include the following main contents:
(1) The specific scope of returning farmland to forests;
(2) the ratio of ecological forest to economic forest;
(3) tree species selection and vegetation configuration;
(4) afforestation mode;
(5) the mode of seedling supply;
(6) Vegetation management and supporting safeguard measures;
(7) person in charge of the project and technology.
article 22 the forestry administrative department of the people's government at the county level shall, according to the annual implementation plan of returning farmland to forests, organize professionals or qualified design units to prepare township operation designs, and implement the contents determined in the implementation plan to specific plots and land contractual management rights holders.
When working out the operation design, drought-tolerant shrubs (grass) should be planted and the original vegetation should be restored in arid and semi-arid areas; Where trees and grass are planted by intercropping, perennial plants should be intercropped, and the initial planting density of main trees should meet the standards prescribed by the state.
article 23 the area of ecological forest created by returning farmland to forests shall be calculated by county, and shall not be less than 8% of the area of returning farmland to forests.
The ecological forest created by returning farmland to forests shall be recognized by the forestry administrative department of the local people's government at or above the county level according to the standards formulated by the forestry administrative department of the State Council.
chapter iii afforestation, management and protection, inspection and acceptance
article 24 the people's government at the county level or the people's government at the township level entrusted by it shall sign a contract for returning farmland to forests with the land contractual management right holder who has the task of returning farmland to forests.
The contract for returning farmland to forests shall include the following main contents:
(1) The scope and area of returning farmland to forests and the scope and area of afforestation in barren hills and wasteland suitable for forests;
(2) the mode of returning farmland to forests determined according to the operation design;
(3) afforestation survival rate and its preservation rate;
(4) management responsibility;
(5) subsidy standards, duration and payment methods for funds and food;
(6) methods and contents of technical guidance and technical services;
(7) source and supply mode of seedlings;
(8) liability for breach of contract;
(9) term of performance of the contract.
the contents of the contract for returning farmland to forests shall not conflict with these regulations and other relevant provisions of the state.
article 25 the seedlings needed for returning farmland to forests can be purchased centrally by the people's government at the county level according to the actual situation in the region, or by those who return farmland to forests themselves. In case of centralized procurement, the opinions of those who have returned farmland to forests shall be solicited, and a written contract shall be signed by means of open bidding. Those who exceed the national standard of seedling afforestation subsidies shall not be forced to charge the excess fees from those who have returned farmland to forests.
no unit or individual may designate seedling suppliers for those who return farmland to forests.
it is forbidden to monopolize the operation of seedlings and drive up the prices of seedlings.
article 26 seedlings used in returning farmland to forests should be cultivated locally and adjusted nearby, and priority should be given to improved seedlings of native tree species and tree species with strong stress resistance.
article 27 the administrative departments of forestry and agriculture shall strengthen the technical guidance and service management of seedling cultivation to ensure the quality of seedlings.
The sold and supplied seedlings of returning farmland to forests shall be inspected by the administrative departments of forestry and agriculture of the people's government at the county level, with labels and quality inspection certificates attached; Cross-county transportation shall also obtain a quarantine certificate according to law.
article 28 the people's governments of provinces, autonomous regions and municipalities directly under the central government shall strengthen the construction of seedling production and seed collection bases according to the plan of returning farmland to forests in their respective administrative areas.
the state encourages enterprises and individuals to cultivate seedlings in various forms and carry out industrialized operation.
Article 29 Those who return farmland to forests should plant trees and grass according to the requirements of the operation design and contract.
it is forbidden to intercrop forest and grain and destroy the original forest and grass vegetation.
Article 3 During the period of enjoying funds and food subsidies, those who have returned farmland to forests should plant trees in barren hills and wasteland suitable for afforestation according to the requirements of operation design and contract.
article 31 the people's government at the county level shall establish a vegetation management and protection system for returning farmland to forests, and implement the management and protection responsibilities.
those who return farmland to forests should fulfill the obligation of management and protection.
it is forbidden to resume farming and engage in activities that destroy surface vegetation such as indiscriminate mining and excavation within the implementation scope of the project of returning farmland to forests.
article 32 local people's governments at various levels and their relevant departments shall organize technology popularization units or technicians to provide technical guidance and technical services for returning farmland to forests.
article 33 the forestry administrative department of the people's government at the county level shall inspect and accept the construction project of returning farmland to forests in accordance with the inspection and acceptance standards and methods formulated by the forestry administrative department of the State Council, and only after passing the inspection can a certificate of acceptance be issued.
article 34 the people's governments of provinces, autonomous regions and municipalities directly under the central government shall re-examine the results of inspection and acceptance of returning farmland to forests at the county level, and reward and punish the people's governments at the county level and relevant responsible persons according to the re-examination results.
The administrative department of forestry in the State Council should check the results of provincial review and report the results to the State Council.
chapter iv funds and food subsidies
article 35 the state shall, according to the approved actual area of returning farmland to forests, provide subsidized food, seedling afforestation subsidies and living allowances to the land contractual management right holders. The specific subsidy standard and subsidy period shall be implemented in accordance with the relevant provisions of the State Council.
article 36. those who have not been contracted to households, or whose sloping farmland has been fallow, and those who have been included in the plan for returning farmland to forests, who are suitable for afforestation in barren hills and wasteland, will only enjoy the subsidy for seedling afforestation.
Article 37 The subsidy for seedling afforestation and living allowance shall be issued and appropriated in time by the planning, finance and forestry departments of the State Council in accordance with relevant regulations.
article 38 subsidized grain should be transported nearby, reducing supply links and reducing supply costs. Grain subsidies shall be handled in accordance with relevant state policies.
the cost of grain transportation shall be borne by the local finance, and shall not be shared with enterprises that supply subsidized grain and those who return farmland to forests.
article 39 the people's governments of provinces, autonomous regions and municipalities directly under the central government shall reasonably determine the varieties of subsidized grain according to local food consumption habits, crop planting habits and the actual situation of local grain stocks.
subsidized food must meet the quality standards set by the state. Those that do not meet the national quality standards shall not be supplied to those who return farmland to forests.
Article 4 In the first year of returning farmland to forests, the subsidized grain in that year can be paid in two installments, and the amount of each installment shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
from the second year of returning farmland to forests, within the prescribed subsidy period, the people's government at the county level shall organize relevant departments and units to timely pay the subsidized grain for this year to those who hold the acceptance certificate.
Article 41 The paid subsidized grain shall not be converted into cash.
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