Enrolled SB 149: Relating to timber, to the sale of timber by the state, and to the management of state forests.
00Enrolled SB 149 01 Relating to timber, to the sale of timber by the state, and to the management of state forests. 02 _______________ 03 * Section 1. AS 38.05.112(a) is amended to read: 04 (a) The department may not authorize the harvest of timber, except for 05 harvests of 10 acres or less or timber salvaged from land cleared for a nonforest use, 06 until a site-specific forest land use plan has been adopted. A forest land use plan is 07 required whether or not a regional or area land use plan under AS 38.04.065(a) or a 08 forest management plan under AS 41.17.230 has been adopted. The requirements of 09 AS 38.04.065(b) shall apply to a land use plan adopted under this section only if a 10 regional or area land use plan under AS 38.04.065(a) or a forest management 11 plan under AS 41.17.230 has not been adopted. 12 * Sec. 2. AS 38.05.112(b) is amended to read: 13 (b) In adopting a forest land use plan, the commissioner shall consider the best
01 available data, including information provided by other agencies [DESCRIBING THE 02 IMMEDIATE AND LONG-TERM EFFECTS OF INDIVIDUAL AND 03 COLLECTIVE FOREST ACTIVITIES ON THE TIMBER BASE AND ON OTHER 04 RESOURCES AND USES]. 05 * Sec. 3. AS 38.05.112(c) is repealed and reenacted to read: 06 (c) In adopting a forest land use plan on lands not covered by a forest 07 management plan under AS 41.17.230, the commissioner shall consider non-timber 08 uses and resources within the sale area. 09 * Sec. 4. AS 38.05.113(a) is amended to read: 10 (a) Every two years, the [THE] department shall [ANNUALLY] prepare a 11 five-year schedule of timber sales planned on all land managed by the department. 12 The timber sale schedule must provide a time line that identifies timber sales, their 13 volumes [AMOUNTS], and their locations and must contain [BE] sufficient 14 information to provide the public and the forest products industry with a basis to 15 comment on proposed [FUTURE] sale offerings. 16 * Sec. 5. AS 38.05.113(b) is amended to read: 17 (b) Except as provided in (c) of this section, a proposed sale may not be held 18 unless it has been included in one of the two five-year schedules immediately 19 preceding the sale. 20 * Sec. 6. AS 38.05.123(d) is amended to read: 21 (d) Before a sale may be negotiated under this section, 22 (1) the area of the sale must be designated for forestry purposes or 23 other purposes that permit forestry uses by a valid existing area plan adopted under 24 AS 38.04; and 25 (2) the requirements of AS 38.05.112 and 38.05.113 must be met. 26 * Sec. 7. AS 38.05.123(j) is amended to read: 27 (j) In this section, 28 (1) "high value-added wood product" means [KILN-DRIED OR 29 COMMERCIALLY DRIED LUMBER,] interior finish paneling, [AND] trim 30 molding, flooring, doors, [AND] windows, cabinet stock, furniture, musical 31 instruments or parts of instruments, toys, tools and implements, ready-to-assemble
01 building kits, veneer, plywood, finger-jointed lumber, faced house logs, dissolving 02 pulp, engineered wood products, paneled wood products, kiln-dried lumber, and 03 other similar finished wood products as determined [SPECIFIED] by the 04 commissioner to have received processing beyond sawing and planing that adds 05 high value to the wood product [BY REGULATION AND, FOR DECIDUOUS 06 ASPEN, POPLAR, AND HIGH DEFECT BIRCH, INCLUDES ENGINEERED 07 WOOD PRODUCTS AND PANELED WOOD PRODUCTS]; 08 (2) "other value-added wood product" means round house logs 09 [PULP], chips, [WAFERBOARD, CHIPBOARD, FIBERBOARD,] green lumber, 10 flitches, cants, rough [SLABS, OR] planks [INTENDED FOR 11 REMANUFACTURE], and other similar wood products as determined 12 [SPECIFIED] by the commissioner [BY REGULATION]. 13 * Sec. 8. AS 41.15.315(a) is amended to read: 14 (a) The Haines State Forest Resource Management Area shall be managed 15 under the principles of multiple use and sustained yield and [,] under AS 41.17 [, 16 AND UNDER A MANAGEMENT PLAN PREPARED BY THE DEPARTMENT. 17 THE PLAN MAY NOT BE ADOPTED OR REVISED WITHOUT PRIOR REVIEW 18 BY THE BOARD OF FORESTRY OR WITHOUT A PUBLIC HEARING HELD IN 19 HAINES AND KLUKWAN]. 20 * Sec. 9. AS 41.15.320 is repealed and reenacted to read: 21 Sec. 41.15.320. Management plan and regulations. In adopting a forest 22 management plan for the Haines State Forest Resource Management Area under 23 AS 41.17.230, the department shall consult with the Department of Fish and Game 24 and the governing bodies of each municipality in the general area. The Department of 25 Fish and Game shall consult with the department and local fish and game advisory 26 committees, if any, before adopting regulations governing fish and wildlife 27 management in the Haines State Forest Resource Management Area. Regulations may 28 not be adopted by either department without prior review at a public hearing in Haines 29 and Klukwan. 30 * Sec. 10. AS 41.17.118(b) is amended to read: 31 (b) The commissioner may impose additional riparian protection standards for
01 timber harvest operations through the adoption of land use plans under AS 38.04.065. 02 Within a state forest established under AS 41.17.200 - 41.17.230, riparian 03 standards adopted by the commissioner under this subsection may not exceed the 04 standards established under (a) of this section unless the commissioner makes a 05 finding of compelling state interest [AND UNDER FOREST MANAGEMENT 06 PLANS AND REPORTS UNDER AS 38.05.112 AND AS 41.17.230]. 07 * Sec. 11. AS 41.17.200(a) is amended to read: 08 (a) The purpose of AS 41.17.200 - 41.17.230 is to permit the establishment of 09 designated state-owned or acquired land and water areas as state forests. The primary 10 purpose in the establishment of state forests is timber [MULTIPLE USE] 11 management that provides for the production, utilization, and replenishment of timber 12 resources while allowing [PERPETUATING PERSONAL, COMMERCIAL, AND] 13 other beneficial uses of public land and resources. 14 * Sec. 12. AS 41.17.220 is amended to read: 15 Sec. 41.17.220. Management of state forests. Land within a state forest or 16 within a unit of a state forest shall be managed under 17 (1) the [PRINCIPLES OF MULTIPLE-USE AND] sustained yield 18 principle; 19 (2) this chapter; and 20 (3) a forest management plan prepared by the department. 21 * Sec. 13. AS 41.17.230(a) is amended to read: 22 (a) The commissioner shall prepare a forest management plan consistent with 23 AS 38.04.005 and this chapter for each state forest and for each unit of a state forest to 24 assist in meeting the requirements of this chapter. An operational level forest 25 inventory shall be completed before a forest management plan for the state forest or 26 the unit of a state forest is adopted. The forest management plan shall be adopted, 27 implemented, and maintained within three years of the establishment of a state forest 28 by the legislature. To the extent they are found to be compatible with the primary 29 purpose of state forests under AS 41.17.200, the forest [THE] management plan 30 must consider and permit [THE] uses of forest land for nontimber purposes, 31 including recreation, tourism, mining, mineral exploration, mineral leasing,
01 material extraction, consumptive and nonconsumptive uses of wildlife and fish, 02 grazing and other agricultural activities, and other traditional uses [DESCRIBED 03 IN AS 38.05.112(c)]. If the commissioner finds that a permitted use is incompatible 04 with one or more other uses in a portion of a state forest, the commissioner shall 05 affirmatively state in the management plan that finding of incompatibility for the 06 specific area where the incompatibility is anticipated to exist and the time period when 07 the incompatibility is anticipated to exist together with the reasons and benefits for 08 each finding. 09 * Sec. 14. AS 41.17.230(b) is amended to read: 10 (b) The commissioner shall review and revise a forest management plan [AT 11 LEAST ONCE EVERY FIVE YEARS AND MAY REVISE THE PLAN] when 12 necessary. 13 * Sec. 15. AS 41.17.400(c) is amended to read: 14 (c) The [IN ADDITION TO THE USES DESCRIBED IN AS 38.05.112(c), 15 THE] commissioner may establish transportation corridors within the Tanana Valley 16 State Forest. 17 * Sec. 16. AS 38.05.113(d); AS 41.17.210(a)(3), 41.17.210(a)(4), and 41.17.230(d) are 18 repealed.