00 HOUSE BILL NO. 16
01 "An Act relating to forest management and multiple purpose use of state land."
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03 * Section 1. AS 38.04.065 is amended by adding a new subsection to read:
04 (j) A land use plan prepared under this section is subject to AS 38.05.112.
05 * Sec. 2. AS 38.05.112 is amended to read:
06 Sec. 38.05.112. FOREST LAND USE PLANS. (a) The department may not
07 [SELL OR] harvest timber, except for sales of less than 50 M.B.M. of timber or
08 timber salvage from land cleared for a nonforest use [ISOLATED PERSONAL
09 USE TIMBER HARVEST], until a site-specific forest land use plan has been adopted.
10 A forest land use plan is required whether or not a regional or area land use plan under
11 AS 38.04.065(a) or a forest management plan under AS 41.17.230 has been adopted.
12 (b) The commissioner shall base a forest land use plan on the best available
13 data, including information provided by other agencies [DESCRIBING THE
14 IMMEDIATE AND LONG-TERM EFFECTS OF INDIVIDUAL AND COLLECTIVE
01 FOREST ACTIVITIES ON THE TIMBER BASE AND ON OTHER RESOURCES
02 AND USES].
03 (c) A [IN ADDITION TO THE REQUIREMENTS OF AS 38.04.065(b), A]
04 forest land use plan shall consider
05 (1) commercial timber harvesting, including related activities;
06 (2) harvesting of forest products for personal use;
07 (3) fish and wildlife habitat, including
08 (A) identification and protection of important wildlife habitat;
09 (B) retention of riparian, wetland, and ocean-shoreline
10 vegetation critical for fish and wildlife habitat; [AND]
11 (C) classification of water bodies according to physical
12 characteristics; and
13 (D) the use of silvicultural practices, commercial timber
14 harvest, and related activities to maintain and enhance the quality of fish
15 and game habitat;
16 (4) uses of forest land for nontimber purposes, including
17 (A) recreation, tourism, and related activities;
18 (B) mining, mining claims, mineral leaseholds, and material
20 (C) uses of fish and wildlife;
21 (D) agriculture, including grazing; and
22 (E) other resources and uses appropriate to the area, including
23 compatible traditional uses;
24 (5) soil characteristics and productivity;
25 (6) water quality; and
26 (7) watershed management.
27 (d) A management plan prepared by the commissioner must consider and
28 permit the uses described in (c) of this section. If the commissioner finds that a
29 permitted use is incompatible with one or more other uses in a portion of a state forest,
30 the commissioner shall, consistent with AS 41.17.200 - 41.17.230, affirmatively state
31 in the management plan that finding of incompatibility for the specific area where the
01 incompatibility is anticipated to exist and the time period when the incompatibility is
02 anticipated to exist together with the reasons and benefits for each finding.
03 * Sec. 3. AS 38.05.113 is amended to read:
04 Sec. 38.05.113. FIVE-YEAR SALE SCHEDULE. (a) The department shall
05 annually prepare a five-year schedule of timber sales planned on all land managed by
06 the department. The schedule of timber sales must provide a timeline, amount, and
07 location of the timber to be offered for sale and must provide the public and the
08 timber products industry with a basis for comment on future timber sales [THE
09 SCHEDULE MUST BE OF SUFFICIENT SPECIFICITY THAT IT PROVIDES A
10 BASIS FOR THE DEPARTMENT TO ALLOCATE ITS RESOURCES IN
11 CONSIDERING AND DESIGNING SALES AND IN CONDUCTING ECONOMIC
12 AND ENVIRONMENTAL ANALYSES. THE SCHEDULE MUST INFORM THE
13 PUBLIC AND THE TIMBER PRODUCTS INDUSTRY OF LONG-TERM PLANS
14 AND PROVIDE A BASIS FOR PUBLIC COMMENT].
15 (b) Except as provided in this subsection or (c) of this section, a proposed
16 sale may not be held unless it has been included in [THE] two five-year schedules
17 preceding the sale. However, a proposed timber sale that has been included in two
18 five-year schedules preceding the scheduled date of the sale may be offered for
19 sale past the originally scheduled date of sale without having been included in a
20 subsequent five-year schedule, if the sale
21 (1) was offered as scheduled but was not purchased at the sale;
22 (2) was sold on the scheduled date but the purchaser did not
23 harvest all of the timber offered for sale and returned the unharvested timber to
24 the state; or
25 (3) is held within two years after the date proposed in the most
26 recent [THIS REQUIREMENT DOES NOT APPLY UNTIL ONE YEAR AFTER
27 THE FIRST] five-year schedule [IS PREPARED UNDER THIS SECTION].
28 (c) Sales of less than 500 M.B.M., salvage sales of dead or down timber,
29 [THE DEPARTMENT MAY ADOPT REGULATIONS EXEMPTING SMALL] and
30 emergency sales are exempt from the requirements of this section. However, in each
31 region established by the commissioner under AS 41.17.080(c), not more than the
01 greater of 10 percent of the timber sold in the region or 1,000 M.B.M. of timber
02 may be offered for sale under this subsection during each year.
03 * Sec. 4. AS 38.05.300 is amended by adding a new subsection to read:
04 (d) For purposes of this section, state land is closed to multiple purpose use
05 if the commissioner prohibits an otherwise lawful use of the land or of the resources
06 on the land or prohibits access to the land.
07 * Sec. 5. AS 41.17.090(c) is amended to read:
08 (c) Before beginning operations on municipal or private forest land, the
09 operator shall provide the state forester with a detailed plan of operations. The detailed
10 plan of operations must include
11 (1) a description of the proposed operations, identifying the land
12 involved and the action proposed in sufficient detail to inform the public of the nature
13 and location of the proposed operations; the description must include a map and must
14 be in a form suitable for duplication;
15 (2) the name, address, and approving signature of the forest landowner,
16 timber owner, and operator; and
17 (3) other information required in the regulations adopted under this
19 * Sec. 6. AS 41.17.200 is amended to read:
20 Sec. 41.17.200. STATE FOREST PURPOSES. The purpose of AS 41.17.200
21 - 41.17.230 is to permit the establishment of designated state-owned or acquired land
22 and water areas as state forests. The primary purpose in the establishment of state
23 forests is the production, utilization, and replenishment of timber resources under
24 the principle of sustained yield while perpetuating [PERPETUATION OF] personal,
25 commercial, and other beneficial uses of resources through multiple-use management.
26 * Sec. 7. AS 41.17.220 is amended by adding new subsections to read:
27 (b) In managing a state forest, the commissioner shall
28 (1) allow for the fullest possible access to, and use of, natural
29 resources, including timber, game, fish, and minerals;
30 (2) maintain forest growth at a high level of productivity; and
31 (3) restrict public use of the land and its resources only when necessary
01 to carry out the purposes of this chapter.
02 (c) In a state forest, the commercial harvest of timber may not be found to be
03 an incompatible use or otherwise restricted unless the commissioner documents the
04 finding with scientific data that clearly justifies the finding or clearly demonstrates the
05 benefit of the restriction.
06 * Sec. 8. AS 41.17.230(a) is amended to read:
07 (a) The commissioner shall prepare a management plan consistent with
08 AS 38.04.005, AS 38.05.112, and this chapter for each state forest and for each unit
09 of a state forest to assist in meeting the requirements of this chapter. A state forest
10 management plan prepared by the commissioner must consider and allow the
11 uses described in AS 38.05.112(c). An operational level forest inventory shall be
12 completed before a management plan for the state forest or the unit of a state forest
13 is adopted. The management plan shall be adopted, implemented and maintained
14 within three years of the establishment of a state forest by the legislature.