SSHB 16: "An Act relating to forest management."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 16 01 "An Act relating to forest management." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 38.05.112(a) is amended to read: 04 (a) The department may not [SELL OR] harvest timber, except for sales of 05 less than 50 M.B.M. of timber or timber salvage from land cleared for a nonforest 06 use [ISOLATED PERSONAL USE TIMBER HARVEST], until a site-specific forest 07 land use plan has been adopted. A forest land use plan is required whether or not a 08 regional or area land use plan under AS 38.04.065(a) or a forest management plan 09 under AS 41.17.230 has been adopted. 10 * Sec. 2. AS 38.05.112(b) is amended to read: 11 (b) The commissioner shall base a forest land use plan on the best available 12 data, including information provided by other agencies [DESCRIBING THE 13 IMMEDIATE AND LONG-TERM EFFECTS OF INDIVIDUAL AND COLLECTIVE 14 FOREST ACTIVITIES ON THE TIMBER BASE AND ON OTHER RESOURCES
01 AND USES]. 02 * Sec. 3. AS 38.05.112(c) is amended to read: 03 (c) If a regional or area land use plan under AS 38.04.065(a) or a forest 04 management plan under AS 41.17.230, that includes the area to be covered by the 05 forest land use plan required under (a) of this section, has been adopted, the 06 requirements of AS 38.04.065(b) do not apply to a forest land use plan under (a) 07 of this section. If a regional or area land use plan under AS 38.04.065(a) or a 08 forest management plan under AS 41.17.230, that includes the area to be covered 09 by the forest land use plan under (a) of this section, has not been adopted, the 10 requirements of AS 38.04.065(b) apply to a land use plan under (a) of this section. 11 Regardless of whether AS 38.04.065(b) applies to a forest land use plan under (a) 12 of this section, [IN ADDITION TO THE REQUIREMENTS OF AS 38.04.065(b),] 13 a forest land use plan must [SHALL] consider 14 (1) commercial timber harvesting, including related activities; 15 (2) harvesting of forest products for personal use; 16 (3) fish and wildlife habitat, including 17 (A) identification and protection of important wildlife habitat; 18 (B) retention of riparian, wetland, and ocean-shoreline 19 vegetation critical for fish and wildlife habitat; [AND] 20 (C) classification of water bodies according to physical 21 characteristics; and 22 (D) the use of silvicultural practices, commercial timber 23 harvest, and related activities to maintain and enhance the quality of fish 24 and game habitat; 25 (4) uses of forest land for nontimber purposes, including 26 (A) recreation, tourism, and related activities; 27 (B) mining, mining claims, mineral leaseholds, and material 28 extraction; 29 (C) uses of fish and wildlife; 30 (D) agriculture, including grazing; and 31 (E) other resources and uses appropriate to the area, including
01 compatible traditional uses; 02 (5) soil characteristics and productivity; 03 (6) water quality; and 04 (7) watershed management. 05 * Sec. 4. AS 38.05.113(a) is amended to read: 06 (a) The department shall annually prepare a five-year schedule of timber sales 07 planned on all land managed by the department. The schedule of timber sales must 08 provide a timeline, amount, and location of the timber to be offered for sale and 09 must provide the public and the timber products industry with a basis for 10 comment on the schedule [THE SCHEDULE MUST BE OF SUFFICIENT 11 SPECIFICITY THAT IT PROVIDES A BASIS FOR THE DEPARTMENT TO 12 ALLOCATE ITS RESOURCES IN CONSIDERING AND DESIGNING SALES AND 13 IN CONDUCTING ECONOMIC AND ENVIRONMENTAL ANALYSES. THE 14 SCHEDULE MUST INFORM THE PUBLIC AND THE TIMBER PRODUCTS 15 INDUSTRY OF LONG-TERM PLANS AND PROVIDE A BASIS FOR PUBLIC 16 COMMENT]. 17 * Sec. 5. AS 38.05.113(b) is amended to read: 18 (b) Except as provided in this subsection or (c) of this section, a proposed 19 sale may not be held unless it has been included in [THE] two five-year schedules 20 preceding the sale. However, a proposed timber sale that has been included in two 21 five-year schedules preceding the scheduled date of the sale may be offered for 22 sale past the originally scheduled date of sale without having been included in a 23 subsequent five-year schedule, if the sale 24 (1) was offered as scheduled but was not purchased; 25 (2) was sold as scheduled but the purchaser did not complete the 26 removal of all of the timber offered for sale; or 27 (3) is held within two years after the date proposed in the most 28 recent [THIS REQUIREMENT DOES NOT APPLY UNTIL ONE YEAR AFTER 29 THE FIRST] five-year schedule [IS PREPARED UNDER THIS SECTION]. 30 * Sec. 6. AS 38.05.113(c) is repealed and reenacted to read: 31 (c) The requirements of this section do not apply to
01 (1) emergency sales; or 02 (2) sales of less than 500 M.B.M., provided the total of sales each year 03 under this paragraph in each region established by the commissioner under 04 AS 41.17.080(c) does not exceed the greater of 10 percent of the timber sold in the 05 region or 1,000 M.B.M. 06 * Sec. 7. AS 41.17.090(c) is amended to read: 07 (c) Before beginning operations on municipal or private forest land, the 08 operator shall provide the state forester with a detailed plan of operations. The detailed 09 plan of operations must include 10 (1) a description of the proposed operations, identifying the land 11 involved and the action proposed in sufficient detail to inform the public of the nature 12 and location of the proposed operations; the description must include a map and must 13 be in a form suitable for duplication; 14 (2) the name, address, and approving signature of the forest landowner, 15 timber owner, and operator; and 16 (3) other information required in the regulations adopted under this 17 chapter. 18 * Sec. 8. AS 41.17.220 is amended by adding new subsections to read: 19 (b) In managing a state forest, the commissioner shall 20 (1) allow for the fullest possible access to, and use of, natural 21 resources, including timber, game, fish, and minerals; 22 (2) maintain forest growth at a high level of productivity; and 23 (3) restrict public use of the land and its resources only when necessary 24 to carry out the purposes of this chapter. 25 (c) In a state forest, the commercial harvest of timber may not be found to be 26 an incompatible use or otherwise restricted unless the commissioner documents the 27 finding with scientific data that clearly justifies the finding or clearly demonstrates the 28 benefit of the restriction. 29 * Sec. 9. AS 41.17.230(a) is amended to read: 30 (a) The commissioner shall prepare a management plan consistent with 31 AS 38.04.005 and this chapter for each state forest and for each unit of a state forest
01 to assist in meeting the requirements of this chapter. An operational level forest 02 inventory shall be completed before a management plan for the state forest or the unit 03 of a state forest is adopted. The management plan shall be adopted, implemented, and 04 maintained within three years of the establishment of a state forest by the legislature. 05 The management plan must consider and permit the uses described in 06 AS 38.05.112(c). If the commissioner finds that a permitted use is incompatible 07 with one or more other uses in a portion of a state forest, the commissioner shall 08 affirmatively state in the management plan that finding of incompatibility for the 09 specific area where the incompatibility is anticipated to exist and the time period 10 when the incompatibility is anticipated to exist together with the reasons and 11 benefits for each finding.