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

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                                                       
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.