HB 16: "An Act relating to forest management and multiple purpose use of state land."

00HOUSE 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 19 extraction; 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 18 chapter. 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.