00SENATE BILL NO. 142                                                                                                   
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 ,                             
07 [AND] that the infestation or infection threatens the forest land or timber of adjacent                                 
08 owners,  and that insect and disease control work is feasible,  the commissioner  shall                             
09 [MAY] establish the boundaries of an infestation or infection zone.  The commissioner                                   
10  shall  [MAY] enter into an agreement with an owner or with a governmental agency                                     
11 to control or suppress infestation or infection within the zone  and to implement                                      
12 necessary salvage measures.  When timber on state land or when timber on                                                
13 municipal forest land that is subject to an agreement entered into under this                                           
14 subsection is (1) infested or diseased and thereby poses a significant threat to                                        

01 surrounding healthy timber, or (2) subjected to an environmental catastrophe                                            
02 and, as a result, is susceptible to infestation or disease, to prevent the spread of                                    
03 infestation or disease, the timber on state land and the timber on municipal land,                                      
04 as provided in the agreement, shall be salvaged as rapidly as practicable                                               
05 considering the available access to the timber and the marketability of the timber.                                     
06 If possible, salvage under this subsection should occur before there is a significant                                   
07 loss of merchantability of the timber .  Upon a determination by the commissioner                                      
08 that insect and disease control work within the zone is no longer necessary or feasible,                                
09 the commissioner shall terminate the zone.                                                                              
10    * Sec. 2.  AS 41.17.082 is amended by adding a new subsection to read:                                             
11  (e)  The commissioner shall declare an emergency when 100 acres or more of                                            
12 timber is infested or diseased within the boundaries of an infestation or infection zone                                
13 established under (d) of this section.  Upon the declaration of an emergency, the                                       
14 commissioner may                                                                                                        
15   (1)  offer emergency and salvage sales under AS 38.05 of infested or                                                 
16 diseased state timber or state timber that is threatened with infestation or disease;                                   
17   (2)  harvest infested or diseased state timber regardless of whether the                                             
18 proceeds from the harvested timber will provide a net return to the state;                                              
19   (3)  exempt salvage and emergency sales of less than 200 acres from                                                  
20 the preparation of a plan of operations under AS 41.17.090;                                                             
21   (4)  require reforestation of a greater degree, quantity, and type than                                              
22 otherwise required by this chapter for the reforestation of riparian areas; and                                         
23   (5)  waive a requirement of this chapter and regulations adopted under                                               
24 this chapter, other than a requirement of or a regulation adopted under AS 41.17.115 -                                  
25 41.17.119, if the commissioner finds that the waiver will substantially contribute to                                   
26 controlling or eliminating the infestation or disease.