SSHB 16: "An Act relating to forest management."

00 SPONSOR 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.