CSHB 212(FIN): "An Act relating to the management and sale of state timber and relating to the administration of forest land and classification of state land."
00CS FOR HOUSE BILL NO. 212(FIN) 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 authorize the [SELL OR] harvest of timber, except 06 for harvests of 10 acres or less or [ISOLATED PERSONAL USE] timber salvaged 07 from land cleared for a nonforest use [HARVEST], until a site-specific forest land use 08 plan has been adopted. A forest land use plan is required whether or not a regional or 09 area land use plan under AS 38.04.065(a) or a forest management plan under 10 AS 41.17.230 has been adopted. 11 * Sec. 2. AS 38.05.112(b) is amended to read: 12 (b) In adopting a forest land use plan, the [THE] commissioner shall consider 13 [BASE A FOREST LAND USE PLAN ON] the best available data, including 14 information provided by other agencies, describing the immediate and long-term effects
01 of individual and collective 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) If a regional or area land use plan under AS 38.04.065(a) or a forest 05 management plan under AS 41.17.230, that includes the area to be covered by the 06 forest land use plan required under (a) of this section, has been adopted, the 07 requirements of AS 38.04.065(b) do not apply to a forest land use plan under (a) of 08 this section. If a regional or area land use plan under AS 38.04.065(a) or a forest 09 management plan under AS 41.17.230, that includes the area to be covered by the 10 forest land use plan under (a) of this section, has not been adopted, the 11 requirements of AS 38.04.065(b) apply to a land use plan under (a) of this section. 12 Regardless of whether AS 38.04.065(b) applies to a forest land use plan under (a) 13 of this section, [IN ADDITION TO THE REQUIREMENTS OF AS 38.04.065(b),] a 14 forest land use plan must [SHALL] consider 15 (1) commercial timber harvesting, including related activities; 16 (2) harvesting of forest products for personal use; 17 (3) fish and wildlife habitat, including 18 (A) identification and protection of important wildlife habitat; 19 (B) retention of riparian, wetland, and ocean-shoreline vegetation 20 critical for fish and wildlife habitat; [AND] 21 (C) classification of water bodies according to physical 22 characteristics; and 23 (D) the use of silvicultural practices, commercial timber 24 harvest, and related activities to maintain and enhance the quality of fish 25 and game habitat; 26 (4) uses of forest land for nontimber purposes, including 27 (A) recreation, tourism, and related activities; 28 (B) mining, mining claims, mineral leaseholds, and material 29 extraction; 30 (C) uses of fish and wildlife; 31 (D) agriculture, including grazing; and
01 (E) other resources and uses appropriate to the area, including 02 compatible traditional uses; 03 (5) soil characteristics and productivity; 04 (6) water quality; and 05 (7) watershed management. 06 * Sec. 4. AS 38.05.113 is amended to read: 07 Sec. 38.05.113. FIVE-YEAR SALE SCHEDULE. (a) The department shall 08 annually prepare a five-year schedule of timber sales planned on all land managed by the 09 department. The timber sale schedule must provide a time line that identifies timber 10 sales, their amounts, and their locations and must be sufficient to provide the public 11 and the forest products industry with a basis to comment on future sale offerings 12 [BE OF SUFFICIENT SPECIFICITY THAT IT PROVIDES A BASIS FOR THE 13 DEPARTMENT TO ALLOCATE ITS RESOURCES IN CONSIDERING AND 14 DESIGNING SALES AND IN CONDUCTING ECONOMIC AND ENVIRONMENTAL 15 ANALYSES. THE SCHEDULE MUST INFORM THE PUBLIC AND THE TIMBER 16 PRODUCTS INDUSTRY OF LONG-TERM PLANS AND PROVIDE A BASIS FOR 17 PUBLIC COMMENT]. 18 (b) Except as provided in (c) of this section, a proposed sale may not be held 19 unless it has been included in the two five-year schedules preceding the sale. [THIS 20 REQUIREMENT DOES NOT APPLY UNTIL ONE YEAR AFTER THE FIRST FIVE- 21 YEAR SCHEDULE IS PREPARED UNDER THIS SECTION.] 22 (c) Sales of 160 acres or less [THE DEPARTMENT MAY ADOPT 23 REGULATIONS EXEMPTING SMALL] and emergency sales are exempt from the 24 requirements of this section. 25 * Sec. 5. AS 38.05.113 is amended by adding a new subsection to read: 26 (d) A proposed timber sale that has been scheduled as specified in (b) of this 27 section may be offered past the originally scheduled year without being included in 28 future schedules if the sale is held within two years of the scheduled year and the sale 29 (1) was offered as scheduled and was not purchased; or 30 (2) was sold as scheduled and was returned to the state uncompleted. 31 * Sec. 6. AS 41.17.090(c) is amended to read:
01 (c) Before beginning operations on municipal or private forest land or on state 02 land not managed by the division, the operator shall provide the state forester with a 03 detailed plan of operations. The detailed plan of operations must include 04 (1) a description of the proposed operations, identifying the land involved 05 and the action proposed in sufficient detail to inform the public of the nature and 06 location of the proposed operations; the description must include a map and must be in 07 a form suitable for duplication; 08 (2) the name, address, and approving signature of the forest landowner, 09 timber owner, and operator; and 10 (3) other information required in the regulations adopted under this 11 chapter. 12 * Sec. 7. AS 41.17.200 is amended to read: 13 Sec. 41.17.200. STATE FOREST PURPOSES. The purpose of AS 41.17.200 14 - 41.17.230 is to permit the establishment of designated state-owned or acquired land and 15 water areas as state forests. The primary purpose in the establishment of state forests is 16 multiple use management that provides for the production, utilization, and 17 replenishment of timber resources while perpetuating [THE PERPETUATION OF] 18 personal, commercial, and other beneficial uses of resources [THROUGH MULTIPLE- 19 USE MANAGEMENT]. 20 * Sec. 8. AS 41.17.200 is amended by adding a new subsection to read: 21 (b) In managing a state forest, the commissioner shall, consistent with the 22 primary purpose of a state forest under (a) of this section, restrict the public use of the 23 land and its resources, including timber, fish and wildlife, and minerals, only when 24 necessary to carry out the purposes of this chapter. 25 * Sec. 9. AS 41.17.210(a) is amended to read: 26 (a) The governor may propose to the legislature the establishment of state forests 27 consisting primarily of commercially valuable forest land determined by the governor to 28 be necessary for retention in state ownership for management under the principles of 29 multiple use and sustained yield and consistent with AS 38.04.005. The proposal of the 30 governor must include a report and recommendations of the commissioner including 31 (1) a preliminary forest inventory;
01 (2) a summary of the testimony offered at public hearings held on the 02 management of the proposed state forest in communities proximately located to a 03 proposed state forest; 04 (3) the findings of the commissioner on anticipated incompatibilities of 05 uses described in AS 38.05.112(c) under AS 41.17.230 [AS 38.05.112(d)]; 06 (4) written comments from appropriate state agencies on the compatibility 07 of the uses described in AS 38.05.112(c) within the proposed state forest; 08 (5) an estimate of the cost of a full implementation of an operational 09 level forest inventory and the management plan. 10 * Sec. 10. AS 41.17.230(a) is amended to read: 11 (a) The commissioner shall prepare a management plan consistent with 12 AS 38.04.005 and this chapter for each state forest and for each unit of a state forest to 13 assist in meeting the requirements of this chapter. An operational level forest inventory 14 shall be completed before a management plan for the state forest or the unit of a state 15 forest is adopted. The management plan shall be adopted, implemented, and maintained 16 within three years of the establishment of a state forest by the legislature. The 17 management plan must consider and permit the uses described in AS 38.05.112(c). 18 If the commissioner finds that a permitted use is incompatible with one or more 19 other uses in a portion of a state forest, the commissioner shall affirmatively state 20 in the management plan that finding of incompatibility for the specific area where 21 the incompatibility is anticipated to exist and the time period when the 22 incompatibility is anticipated to exist together with the reasons and benefits for each 23 finding. 24 * Sec. 11. AS 41.17.400 is amended by adding a new subsection to read: 25 (e) The wildlife management objective of the Tanana Valley State Forest is the 26 production of wildlife for a high level of sustained yield for human use through habitat 27 improvement techniques to the extent consistent with the primary purpose of a state 28 forest under AS 41.17.200. 29 * Sec. 12. AS 38.05.112(d) is repealed.