00                            HOUSE BILL NO. 104                                                                          
01 "An Act relating to expedited timber sales."                                                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
04 to read:                                                                                                                
05       LEGISLATIVE PURPOSE. The purpose of this Act is to reduce the risk and cost of                                    
06 fires, minimize the loss of harvestable timber caused by fire, insect infestation, and disease                          
07 epidemics, and support an increase in value-added producers and facilities.                                             
08    * Sec. 2. AS 38.05.110(c) is amended to read:                                                                      
09            (c)  If a sale of timber may be offered under multiple provisions of                                         
10       AS 38.05.110 - 38.05.124 [AS 38.05.110 - 38.05.123], the commissioner shall                                   
11       determine the applicable provisions under which to offer the timber.                                              
12    * Sec. 3. AS 38.05 is amended by adding a new section to article 4 to read:                                        
13 Sec. 38.05.124. Expedited timber sales. (a) Notwithstanding the provisions of                                         
14 AS 38.05.112 - 38.05.117 and 38.05.120, upon finding that a sale is in the best interest                                
15 of the state, the commissioner may expedite the sale of timber in areas subject to high                                 

01       annual fire danger or insect or disease epidemics.                                                              
02 (b)  A timber sale contract entered into under this section shall provide for a                                         
03 harvest in an amount to be determined by the commissioner. In determining a harvest                                     
04 amount, the commissioner shall take into consideration the needs of existing                                            
05 competing commercial harvesters. The harvest must be consistent with sustained yield                                    
06 principles and, if requested, may be negotiated for a term of not less than seven years.                                
07 (c)  Initial stumpage rates for a contract under this section must be determined                                        
08 by negotiation and based on current market conditions and the need to reduce annual                                     
09       fire risks or manage levels of insect or disease epidemics.                                                       
10 (d)  In making the best interest finding required by AS 38.05.035(e) and this                                           
11 section, before offering an expedited timber sale, the commissioner shall find that the                                 
12 timber has been burned by fire, infected by insects or disease, or is in an area with a                                 
13       high annual threat of fire or of insect or disease epidemics and, as a result, the timber                         
14                 (1)  creates, or will create, a public safety issue;                                                    
15 (2)  results in, or may result in, the destruction of habitat or decrease in                                            
16       wildlife populations;                                                                                             
17                 (3)  affects, or may affect, soil stability;                                                            
18 (4)  negatively affects businesses that depend on a steady, long-term                                                   
19       supply of timber; and                                                                                             
20 (5)  eliminates, or may eliminate, other commercially viable or better                                                  
21 uses for the timber, such as the likelihood of commercial success of locally                                            
22       manufactured high value-added wood products.                                                                      
23 (e)  An expedited timber sale under this section does not affect other timber                                           
24       harvest programs under AS 38.05.110 - 38.05.120.                                                                  
25 (f)  In this section, "expedited timber sale" means a sale that shortens the time                                       
26 frame for each step of the timber sale process and concentrates personnel actions to                                    
27 maximize the amount of qualifying burnt, infected, diseased, or threatened timber                                       
28       available for harvest.