00CS FOR HOUSE BILL NO. 284(RES)                                                                                        
01 "An Act relating to infestations and diseases of timber."                                                               
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 41.17.082(d) is amended to read:                                                                  
04  (d)  The commissioner may undertake surveys and appraisals to obtain data on                                          
05 regional insect infestations and disease conditions.  Upon a determination that an area                                 
06 is infested with forest insects or infected with diseases injurious to forest resources and                             
07 that the infestation or infection threatens the forest land or timber of adjacent owners,                               
08 the commissioner  shall  [MAY] establish the boundaries of an infestation or infection                                
09 zone.  The commissioner  shall  [MAY] enter into an agreement with an owner or with                                   
10 a governmental agency to control or suppress infestation or infection within the zone                                   
11  and to implement necessary salvage measures.  When timber on state or                                                 
12 municipal forest land is (1) infested or diseased and thereby poses a significant                                       
13 threat to surrounding healthy timber, or (2) subjected to an environmental                                              
14 catastrophe and, as a result, is susceptible to infestation or disease, to prevent the                                  

01 spread of infestation or disease, the timber shall be salvaged as rapidly as                                            
02 practicable considering the available access to the timber and the marketability                                        
03 of the timber.  If possible, salvage under this subsection should occur before there                                    
04 is a significant loss of merchantability of the timber .  Upon a determination by the                                  
05 commissioner that insect and disease control work within the zone is no longer                                          
06 necessary or feasible, the commissioner shall terminate the zone.                                                       
07    * Sec. 2.  AS 41.17.082 is amended by adding a new subsection to read:                                             
08  (e)  The commissioner shall declare an emergency when 100 acres or more of                                            
09 timber is infested or diseased within the boundaries of an infestation or infection zone                                
10 established under (d) of this section.  Upon the declaration of an emergency, the                                       
11 commissioner may                                                                                                        
12   (1)  offer emergency and salvage sales under AS 38.05 of infested or                                                 
13 diseased state timber or state timber that is threatened with infestation or disease;                                   
14   (2)  harvest infested or diseased state timber regardless of whether the                                             
15 proceeds from the harvested timber will provide a net return to the state;                                              
16   (3)  exempt salvage and emergency sales of less than 200 acres from                                                  
17 the preparation of a plan of operations under AS 41.17.090;                                                             
18   (4)  require reforestation of a greater degree, quantity, and type than                                              
19 otherwise required by this chapter for the reforestation of riparian areas; and                                         
20   (5)  waive a requirement of this chapter and regulations adopted under                                               
21 this chapter, other than a requirement of or a regulation adopted under AS 41.17.115 -                                  
22 41.17.119, if the commissioner finds that the waiver will substantially contribute to                                   
23 controlling or eliminating the infestation or disease.