HB 212: "An Act relating to the management and sale of state timber and relating to the administration of forest land and classification of state land."
00HOUSE BILL NO. 212 01 "An Act relating to the management and sale of state timber and relating to the 02 administration of forest land and classification of state land." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 38.05.112(a) is amended to read: 05 (a) The department may not [SELL OR] harvest timber, except for sales of 06 less than 10 acres or [ISOLATED PERSONAL USE] timber salvaged from land 07 cleared for a nonforest use [HARVEST], until a site-specific forest land use plan has 08 been adopted. A forest land use plan is required whether or not a regional or area land 09 use plan under AS 38.04.065(a) or a forest management plan under AS 41.17.230 has 10 been adopted. 11 * Sec. 2. AS 38.05.112(b) is amended to read: 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 * Sec. 3. AS 38.05.112(c) is amended to read: 04 (c) A [IN ADDITION TO THE REQUIREMENTS OF AS 38.04.065(b), A] 05 forest land use plan shall consider 06 (1) commercial timber harvesting, including related activities; 07 (2) harvesting of forest products for personal use; 08 (3) fish and wildlife habitat, including 09 (A) identification and protection of important wildlife habitat; 10 (B) retention of riparian, wetland, and ocean-shoreline 11 vegetation critical for fish and wildlife habitat; [AND] 12 (C) classification of water bodies according to physical 13 characteristics; and 14 (D) the use of silvicultural practices, commercial timber 15 harvest, and related activities to maintain and enhance the quantity and 16 quality of wildlife habitat; 17 (4) uses of forest land for nontimber purposes, including 18 (A) recreation, tourism, and related activities; 19 (B) mining, mining claims, mineral leaseholds, and material 20 extraction; 21 (C) uses of fish and wildlife; 22 (D) agriculture, including grazing; and 23 (E) other resources and uses appropriate to the area, including 24 compatible traditional uses; 25 (5) soil characteristics and productivity; 26 (6) water quality; and 27 (7) watershed management. 28 * Sec. 4. AS 38.05.113 is amended to read: 29 Sec. 38.05.113. FIVE-YEAR SALE SCHEDULE. (a) The department shall 30 annually prepare a five-year schedule of timber sales planned on all land managed by 31 the department. The timber sale schedule must provide a timeline that identifies
01 timber sales, their amounts, and their locations and must be sufficient to provide 02 the public and the forest products industry with a basis to comment on future sale 03 offerings [BE OF SUFFICIENT SPECIFICITY THAT IT PROVIDES A BASIS FOR 04 THE DEPARTMENT TO ALLOCATE ITS RESOURCES IN CONSIDERING AND 05 DESIGNING SALES AND IN CONDUCTING ECONOMIC AND 06 ENVIRONMENTAL ANALYSES. THE SCHEDULE MUST INFORM THE PUBLIC 07 AND THE TIMBER PRODUCTS INDUSTRY OF LONG-TERM PLANS AND 08 PROVIDE A BASIS FOR PUBLIC COMMENT]. 09 (b) Except as provided in (c) of this section, a proposed sale may not be held 10 unless it has been included in [THE] two five-year schedules preceding the sale. 11 [THIS REQUIREMENT DOES NOT APPLY UNTIL ONE YEAR AFTER THE 12 FIRST FIVE-YEAR SCHEDULE IS PREPARED UNDER THIS SECTION.] 13 (c) Sales under 500,000 board feet, salvage sales of dead or down timber, 14 [THE DEPARTMENT MAY ADOPT REGULATIONS EXEMPTING SMALL] and 15 emergency sales are exempt from the requirements of this section. 16 * Sec. 5. AS 38.05.113 is amended by adding a new subsection to read: 17 (d) A proposed timber sale that has been scheduled as specified in (b) of this 18 section may be offered past the originally scheduled year without being included in 19 future schedules if the sale 20 (1) was offered as scheduled and was not purchased; 21 (2) was sold as scheduled and was returned to the state uncompleted; 22 or 23 (3) is held within two years of the scheduled year. 24 * Sec. 6. AS 41.17.090(c) is amended to read: 25 (c) Before beginning operations on municipal or private forest land, the 26 operator shall provide the state forester with a detailed plan of operations. The detailed 27 plan of operations must include 28 (1) a description of the proposed operations, identifying the land 29 involved and the action proposed in sufficient detail to inform the public of the nature 30 and location of the proposed operations; the description must include a map and must 31 be in a form suitable for duplication;
01 (2) the name, address, and approving signature of the forest landowner, 02 timber owner, and operator; and 03 (3) other information required in the regulations adopted under this 04 chapter. 05 * Sec. 7. AS 41.17.200 is amended to read: 06 Sec. 41.17.200. STATE FOREST PURPOSES. The purpose of AS 41.17.200 07 - 41.17.230 is to permit the establishment of designated state-owned or acquired land 08 and water areas as state forests. The primary purpose in the establishment of state 09 forests is multiple use management emphasizing the production, utilization, and 10 replenishment of timber resources while perpetuating [THE PERPETUATION OF] 11 personal, commercial, and other beneficial uses of resources [THROUGH MULTIPLE-USE MANAGEMENT]. 12 * Sec. 8. AS 41.17.200 is amended by adding a new subsection to read: 13 (b) In managing a state forest, the commissioner shall, consistent with the 14 primary purpose of a state forest under (a) of this section, 15 (1) allow for the fullest possible access to, and use and consumption 16 of, the natural resources, including timber, fish and wildlife, and minerals; 17 (2) maintain forest growth at a high level of productivity; 18 (3) restrict the public use of the land and its resources only when 19 necessary to carry out the purposes of this chapter; and 20 (4) manage wildlife habitat for increased production of species 21 important for human consumption through habitat improvement techniques, including 22 timber harvest, crushing, and prescribed and natural fire. 23 * Sec. 9. AS 41.17.230(a) is amended to read: 24 (a) The commissioner shall prepare a management plan consistent with 25 AS 38.04.005 and this chapter for each state forest and for each unit of a state forest 26 to assist in meeting the requirements of this chapter. An operational level forest 27 inventory shall be completed before a management plan for the state forest or the unit 28 of a state forest is adopted. The management plan shall be adopted, implemented, and 29 maintained within three years of the establishment of a state forest by the legislature. 30 The management plan must consider and permit the uses described in 31 AS 38.05.112(c). If the commissioner finds that a permitted use is incompatible
01 with one or more other uses in a portion of a state forest, the commissioner shall 02 affirmatively state in the management plan that finding of incompatibility for the 03 specific area where the incompatibility is anticipated to exist and the time period 04 when the incompatibility is anticipated to exist together with the reasons and 05 benefits for each finding. Commercial timber harvest may not be found to be an 06 incompatible use or otherwise restricted unless the commissioner provides 07 scientific data that clearly justifies the finding of incompatibility or restriction and 08 demonstrates the benefits of the restriction. 09 * Sec. 10. AS 41.17.400 is amended by adding a new subsection to read: 10 (e) The wildlife management objective of the Tanana Valley State Forest is the 11 production of wildlife for a high level of sustained yield for human consumption 12 through habitat improvement techniques to the extent consistent with the primary 13 purpose of a state forest under AS 41.17.200. 14 * Sec. 11. AS 38.05.112(d) is repealed.