Legislature(2025 - 2026)BUTROVICH 205
02/07/2025 03:30 PM Senate RESOURCES
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Audio | Topic |
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SB67 | |
SB75 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SB 75 | TELECONFERENCED | |
*+ | SB 67 | TELECONFERENCED | |
SB 75-TIMBER MANAGEMENT LEASES 4:12:56 PM CHAIR GIESSEL announced the consideration of SENATE BILL NO. 75 "An Act relating to timber on state lands; relating to timber management leases; and providing for an effective date." 4:13:18 PM JOHN BOYLE, Commissioner, Alaska Department of Natural Resources (DNR), Anchorage, Alaska, introduced a presentation on SB 75 by first introducing himself and Jeremy Douse, the new state forester. COMMISSIONER BOYLE said SB 75 aimed to revitalize the timber industry in Alaska in line with the broader theme for Department of Natural Resources (DNR) which is to think about how the state monetizes and considers these neglected sectors [agriculture and timber] of the economy. COMMISSIONER BOYLE reminisced about the robust timber industry in Alaska with multiple pulp mills and logging camps and noted notes that Alaska's timber played a significant role in building towns and supplying timber worldwide. He said the industry's decline began in the 1990s with changes in federal forest management, particularly on the Tongass National Forest and that the economic challenges and the lack of a market for various timber products led to the industry's steady decline. 4:17:42 PM COMMISSIONER BOYLE said the state had over 50 million acres of forested land, a relatively small amount of which was classified as state forest and most of the land was not actively managed for timber. He noted loss of timber due to bark beetle infestations and wildfire and suggested those losses were due to lack of management. He said those losses impacted the commercial activities of businesses that were creating cabin kits, cabinets and other types of furniture. COMMISSIONER BOYLE said SB 75 aimed to create a structure to incentivize private investment in state forested lands to manage, replant trees, apply commercial thinning techniques and other forest management practices to maximize timber production. He said SB 75 was based on successful practices in Canada and other countries with robust timber industries. He highlighted Sweden's successful silviculture program and its multi-billion- dollar timber industry and suggested that Alaska could adopt similar management philosophies to create new opportunities in the timber sector. COMMISSIONER BOYLE said the state would continue to exercise its regulatory and constitutional responsibilities to protect the natural environment and ensure sustained yield while allowing private investment to create new jobs and economic growth. He said SB 75 would revitalize Alaska's timber industry and make it a more significant contributor to the state's economic growth. 4:22:37 PM JEREMY DOUSE, State Forester and Director, Division of Forestry and Fire Protection, Department of Natural Resources, Fairbanks, Alaska, moved to slide 2 and began a presentation on SB 75. Slide 2 is a map of Alaska, illustrating the Forested Lands in State Ownership. He said the presentation aimed to provide some background and a snapshot of forestry in Alaska now and describe a plan. He emphasized the challenge of inaccessibility and timber quality variations of these forests. He said Alaska owned 52.5 million acres of forested land, with the Division having inventoried 3.7 million acres, primarily focusing on state forests and accessible lands suitable for management. [Original punctuation provided.] Forested Lands in State Ownership 52.5 million acres of state-owned forested land 3.7 million acres of forest inventory complete. 2.1 million acres of designated state forest Forested Lands by Area Area Acres Chugach 136,314 Copper River 3,730,988 Delta 1,658,487 Fairbanks 5,910,490 Galena 2,989,325 Haines 175,367 Kenai 551,237 Military 8,214 MatSu 4,245,016 SouthWest 18,454,307 Tanana 7,525,903 Tok 281,656 Tongass 281,656 Upper Yukon 3,488,127 4:23:57 PM MR. DOUSE noted the lack of [state] ownership in Southeast [Alaska] and on the Kenai Peninsula and in South Central [Alaska], where some of our most productive forests are. He explained these were federal forests, the Tongass and Chugach National Forests. 4:24:17 PM MR. DOUSE moved to slide 3 and said the administration's vision for the state's forest assets focused on increasing stewardship and use of state forested lands to improve forest health and community protection. Increased management activities include building more infrastructure, roads and bridges, to gain access and conducting more silvicultural activities to manipulate forest stands and meet desired future conditions. He said these activities would boost the forest products industry and its impact on the state's economy, particularly in rural areas, and utilize local resources more effectively. He noted that Alaska consumes approximately 100 to 120 million board feet of forest products annually and a significant portion was imported from Canada and the lower 48 states. The desire was to use more of the local resource to meet the local need. [Original punctuation provided.] [Photo of milled lumber.] Vision for Alaska's forest assets • Maximum use of Alaska's land and resources consistent with Alaska Constitution • Increase forest management activity on state lands • Create economic opportunities • Increase the in-state manufacture of forest products 4:26:07 PM MR. DOUSE moved to slide 4 and said SB 75 aimed to enhance forest management by partnering with the private sector to increase on-the-ground activities. He expressed gratitude for the legislature's support in passing the lumber grading bill in 2024 and the expedited timber sale bill, which benefit the industry. He emphasized that SB 75 was the next step toward allowing the industry to build and grow capacity by focusing on actively managing forest resources. [Original punctuation provided.] [Photo of a log yard.] How to get there? • Partner with private sector to increase management activity while protecting public lands principles provided for in Alaska Constitution • Recreation and public access • Hunting/fishing • Subsistence • Benefits of public land while addressing challenges regarding lack of private land 4:27:04 PM MR. DOUSE moved to and narrated slide 5. He said current forest conditions in Alaska are typically mature or old forests with difficult access. He contrasted that with actively managed forests and explained that active management results in a variety of age classes and forest cover types, increasing the system's resilience to disturbances and benefiting the forest products sector by providing more raw materials for value-added products. He said forest succession trajectories are altered by active management, diversifying forest stands on the ground, increasing resilience and aiding in community protection by mitigating risks from wildfires and beetle outbreaks. [Original punctuation provided.] [Autumn photo of diverse species forest.] Defining 'active forest management' • The intentional, planned and science-based actions foresters engage in to meet society's needs of forested ecosystems • Diversifies habitat conditions • Provides for essential wood products and economic opportunity • Creates resiliency for disturbance and the effects of a changing climate • Sets a successional trajectory for a desired condition • Passive management perpetuates a forest condition until a natural disturbance introduces successional change • Depending on disturbance severity, can lead to undesired conditions or a lack of forest cover 4:28:39 PM MR. DOUSE moved to slide 6, illustrating examples of disturbance events in mature forests. [Original punctuation provided.] Benefits of active forest management [Photo of a forest impacted by windfall.] [Photo of a bark beetle.] [Photo of a forest following a recent fire.] 4:29:05 PM MR. DOUSE explained that the first photo on slide 6 was from a significant wind event that occurred in the upper Tanana region in 2014, highlighting the lack of management due to inaccessibility. He said old forests in these areas often suffer from root rot and various stem rots, which are exacerbated by wind events leading to blow downs. Big blow down areas often result in outbreaks of insects like IPS beetles or spruce beetles. He compared that with examples of management activities in specific areas like Willard Creek Road in the Susitna Valley and Wise Owl Road near Soldotna, where vigorous spruce seedlings are observed, explaining that young trees are more resistant to insect infestation. 4:30:29 PM MR. DOUSE said fire was another common disturbance, especially in the boreal forest, where black spruce requires it for regeneration. Management strategies include creating fuel breaks and thinning to prevent fires near communities and to utilize the material for market purposes, enhancing forest health and resilience. 4:31:08 PM MR. DOUSE moved to slide 7 and highlighted the benefits of active forest management, using an example from the southeast state forest comparing two areas of a forest, one of which was thinned, and the other was not. He emphasized the necessity of increasing thinning projects in Southeast Alaska to enhance forest health and habitat suitability for wildlife. [Original punctuation provided.] Benefits of active forest management [Photo of a forest with space between trees and diverse undergrowth.] Thinned 30-year-old stand, Southeast State Forest [Photo of a forest with dense tree population and little undergrowth.] Un-thinned 30-year-old stand, Southeast State Forest 4:31:59 PM MR. DOUSE moved to and narrated slide 8. [Original punctuation provided.] Senate Bill 75: Timber Management Leases • New framework to enable leases of state timber resource with agreement to manage forest for state values • Provides timber operators greater certainty that drives additional investment • Includes built-for-purpose terms covering competition, public input • Flexible to accommodate range of project/lease concepts • Leases possible on state forested land and state forests 4:32:53 PM MR. DOUSE moved to slide 9 and discussed the potential for leases to include management activities to forestry operations. These activities could include road construction and maintenance, bridge construction, timber harvest, and silvicultural practices like reforestation and site preparation. He suggested suggested that the industry could take on responsibilities usually managed by the state, including intermediate treatments such as pre-commercial thinning and fire mitigation. He said this approach could increase efficiency in meeting reforestation requirements and forest management overall. [Original punctuation provided.] Management activities under leases • Road construction and maintenance • Bridge construction • Timber harvest • Reforestation and site preparation • Intermediate treatments • Planning • Fire mitigation 4:33:45 PM RENA MILLER, Special Assistant, Commissioner's Office, Department of Natural Resources, Anchorage, Alaska, provided the Sectional Analysis for SB 75. Slide 10 provided an outline of the sectional analysis. [Original punctuation provided.] Senate Bill 75 Sectional Analysis Short Title: Timber Management Leases Section 1 adds a new paragraph to AS 36.30.850(b) exempting timber management leases from state procurement laws. Section 2 amends AS 38.05.035(e)(6) to exempt timber management leases from the typical best interest finding requirement as Section 4 provides a process specific to timber leases. Section 3 amends AS 38.05.075(a) to exempt a timber management lease (proposed AS 38.05.124) from typical competitive bid requirements, as Section 4 proposes a process specific to timber management leases. 4:35:14 PM MS. MILLER continued to explain the sectional analysis for SB 75 and said Section 4 was the heart of the new timber management leasing program. Section 4 amends AS 38.05 by adding new section 38.05.124 governing timber management leases. The proposed new section allows for timber management leases for harvest and management of timber on state forest land for the result of sustained yield of merchantable timber, managed in accordance with the Forest Resource Practices Act's regulatory and administrative standards under AS 41.17.060, if the Department of Natural Resources (DNR) commissioner finds it is in the best interest of the state. The section, among other things: • Sets minimum lease requirements • Establishes a competitive process and sets award criteria • Requires public notice before issuing a lease • Limits leases to 55 years with a one-time renewal option • Enables DNR to terminate a lease if terms are not met • Requires a fair return to the state, and • Defines "forest land." 4:36:42 PM MS. MILLER continued to explain the sectional analysis for SB 75. Sections 5-7 amend statutes governing the Haines State Forest Resource Management Area, which is located separately in statute from laws governing other state forests. Section 5 amends AS 41.15.300(b) to allow DNR to delegate the management of timber located in the Haines State Forest Resource Management Area (HSF) in a timber management lease. Section 6 amends AS 41.15.315(a) to exempt timber management leases within HSF from the general provisions of the Forest Resources and Practices Act (AS 41.17), except as required under the new leasing provisions in proposed AS 05.124 in bill Section 4, as the lease will include management guidelines specific to that lease. Section 7 amends AS 41.15.315(d) which governs the sale and disposal of lands within HSF. Allows the commissioner to issue a timber management lease in HSF. Page 2 of 2 34-GS1450\A. Section 8 amends AS 41.15.315(e) regarding timber management plans in HSF. Requires that a timber management lease issued in HSF be consistent with the applicable management plan, which must identify land appropriate for timber management leases, and allows for the management plan to be amended to allow for timber management leases. 4:37:15 PM MS. MILLER continued to explain the sectional analysis for SB 75. Sections 9-12 amend the Forest Resources and Practices Act, AS 41.17. Section 9 amends AS 41.17.200(b) to allow the DNR commissioner to delegate the management of timber located in a state forest through a timber management lease. Section 10 amends AS 41.17.220, management of state forests, to exempt timber management leases from Forest Resources and Practices Act management principles for land within a state forest, except as required under the new leasing provisions in proposed AS 05.124 in bill Section 4, as the lease will include management guidelines specific to that lease. Section 11 amends AS 41.17.230(a) to include consideration and permit uses of forest land for timber management leasing under AS 38.05.124 in forest management plans. Section 12 amends AS 41.17.230(g) to require a timber management lease within a state forest to be consistent with the applicable forest management plan, requires the management plan to identify the land appropriate for a timber management lease, and allows the department to amend the management plan for this purpose. 4:37:46 PM MS. MILLER continued to explain the sectional analysis for SB 75. Section 13 amends AS 41.17.900(a) regarding the applicability of the Forest Resources and Practices Act to all forested land under state, municipal, and private ownership by exempting timber management leases under AS 38.05.124, except as required under the new leasing provisions in proposed AS 05.124 in bill Section 4. Section 14 provides for an immediate effective date. 4:38:47 PM SENATOR MYERS questioned the nomination process for leasing state forest land, expressing concern about potential outbidding. 4:39:44 PM MS. MILLER explained that the process allowed interested parties to express interest in using specific land, which is then assessed by the Commissioner for suitability. If suitable, a public solicitation for competing proposals ensues. This approach ensures that the state explores the best options, maximizing benefits and aligning with constitutional requirements, by considering public input and alternative proposals. 4:41:01 PM SENATOR MYERS suggested a scenario where only a few proposals out of many were deemed acceptable. He proposed introducing a right of first refusal for those who nominate land, allowing them to have the first opportunity to purchase it if they believe they can utilize it effectively. He cautioned against granting an absolute right of first refusal to prevent underbidding. He sought to balance the interest in nominating land with the need for fair and competitive bidding. 4:42:02 PM MS. MILLER asked for the opportunity to consider Senator Myers' suggestion with the Department of Natural Resources (DNR)Commissioner's office and the Department of Law (DOL) and respond in writing or at a future hearing. 4:42:15 PM CHAIR GIESSEL concurred. 4:42:19 PM SENATOR DUNBAR inquired about the scale of forest leases. He referenced systems in Canada and Sweden and sought clarification on the typical size of these leases, questioning whether it is 1,000 acres or 100,000 acres, acknowledging that the size can vary depending on the forest. 4:42:57 PM MS. MILLER said SB 75 does not set a maximum acreage on one of these leases for Alaska. She deferred to Mr. Douse to answer about Canada and Sweden. 4:43:08 PM MR. DOUSE said he had some awareness of Canada's system, though not of Sweden's. He described Canada's system of forest tenures managed at the province level. He said forested Crown lands were leased out for management and the scale of the leases depended on the [expected] profitability. He said Sb 75 would be similar. 4:44:01 PM SENATOR DUNBAR asked for a better sense for the size of management areas. 4:44:31 PM SENATOR DUNBAR inquired about the operation of land leasing in Canada, specifically questioning the size of leased areas and the feasibility of small parcels. SENATOR DUNBAR expressed concern about the historical practice in the U.S. where some users of Bureau of Land Management lands benefited from low prices, leading to wealth and political influence, potentially at the expense of fair market value to the state. He questioned the lack of a competitive bid process for leasing land, suggesting that the highest bidder could ensure objective value, unlike the proposed system. He asked how minimum value would be determined and why not lease to the highest bidder. 4:45:54 PM MS. MILLER clarified that a lessee may bring non-monetary factors to the partnership. She highlighted the importance of managing state forest lands for multiple state values, including revenue and healthier forests, and for recreation, hunting, fishing, and subsistence, which are valued by Alaskans. She acknowledged the importance of a fair return to the state and said that included revenue and public benefits, such as employment in remote areas. She said the qualifications of lessees would include their experience and willingness to manage activities. She said those would be crucial factors considered by the commissioner. 4:47:57 PM SENATOR WIELECHOWSKI expressed concern that SB 75 fails to uphold constitutional obligations to manage timber and wildlands responsibly. He noted the absence of key protections for public interest, such as procurement processes, best interest findings, and competitive bidding, which he argued are crucial for transparency and fairness. The speaker also notes the lack of public opportunity to comment and the potential for long-term (110 years) leases. He said he would need time for a thorough review of the bill. 4:48:57 PM MS. MILLER explained that Department of Natural Resources (DNR) incorporated new ways to get to the same constitutional responsibilities and obligations in SB 75, noting that the Constitution doesn't explicitly require [specific protections, such as] a best interest finding. She described SB 75 as a new framework that is more of a partnership, contracting with another party to execute the state's management responsibilities, while the state retains its constitutional responsibilities for sustained yield and setting annual allowable cut. 4:49:44 PM SENATOR CLAMAN noted that SB 75 proposes a whole new sale procedure which will lead to new regulations. He asked whether Department of Natural Resources (DNR) was selling or leasing other things under procedures comparable [to SB 75]. 4:50:17 PM MS. MILLER asked to get back to the committee after consultation with DNR. 4:50:34 PM SENATOR CLAMAN referred to SB 75, page eight [line 18] and asked how DNR arrived at the lease period of 55 years. 4:50:53 PM MS. MILLER said 55 years was the standard lease duration used in statutes. She explained that it was considered a reasonable timeframe for partnerships, equating to an adult lifetime. She noted that SB 75 also provided for reassessment at the 55 year point to ensure both parties were still willing to continue the partnership. She suggested that this approach was particularly relevant to forestry and deferred to Mr. Douse for further insights. 4:51:52 PM MR. DOUSE explained that a new stand of timber would be established after 55 years, but not likely to be ready for harvest until another full 55 year rotation [ 110 years total]. 4:52:33 PM SENATOR CLAMAN asked what the typical seedling to merchantable timber size timeline would be for Alaskan forests. He said 55 years seemed short. 4:53:01 PM MR. DOUSE concurred. He said some of the hardwoods [in Alaska] like birch or aspen might be ready [for harvest after 55 years] if there was a market for it. Conifers would not be ready after 55 years. 4:53:21 PM SENATOR CLAMAN called attention to the allocation of merchantable timber in Alaska, particularly the Tongass, noting that the federal government and native corporations had priority over state-owned forests. He questioned whether there was good merchantable timber on state lands and asked where those forests were that could produce 110 to 120 million board feet a year. 4:54:26 PM MR. DOUSE affirmed that the state did get "third pick", however he emphasized that there are forests that can be managed for valuable timber resources, particularly in the interior. He said timber was being managed where there was access, and there was saw timber in stands without access, that therefore can't be managed. He reiterated that there was demand for 120 million board feet a year, and there was market opportunity. He offered to show members of the committee [the applicable forests]. 4:55:30 PM SENATOR MYERS noted the mention of the Haines State Forest and asked why there no mention of the Tanana Valley State Forest. 4:55:47 PM MR. DOUSE noted that the HSF was created under a different statute and pointed out that the Haines State Forest designation included multiple use designations that distinguished it [from other state forests]. 4:56:24 PM MS. MILLER clarified that the Haines State Forest was the only named state forest in statute; the other state forests were referred to [in statute] as state forests generally and so were not called out specifically in SB 75. 4:56:44 PM CHAIR GIESSEL invited closing remarks by the commissioner of DNR. 4:56:58 PM COMMISSIONER BOYLE emphasized the need for a paradigm shift in Alaska's forest management. He suggested that incentivizing new investments could yield merchantable timber more quickly, benefiting future generations. He highlighted the importance of investing in Alaska's forestry sector now for long-term economic gains, noting that while current public servants may not see direct benefits, future Alaskans will reap the rewards. He expressed gratitude for the committee's hearing and looked forward to further discussions on revitalizing Alaska's forestry industry. 5:00:21 PM CHAIR GIESSEL held SB 75 in committee.
Document Name | Date/Time | Subjects |
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2.7.25 SB 67 Transmittal Letter.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 67 |
2.7.25 SB 67 Fiscal Note DCCED-DCRA.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 67 |
2.7.25 SB67 PowerPoint Presentation to SRES.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 67 |
2.7.25 SB 67 Sectional Analysis version A.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 67 |
2.7.25 SB 75 Sectional Analysis Timber Management Leases 1.28.2025.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 75 |
2.7.25 SB75 Timber Mgmt. Leases Transmittal Letter.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 75 |
2.7.25 SB75 DNR presentation to SRES Timber Management Leases.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 75 |
2.7.25 SB 75 Fiscal Note DNR.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 75 |