Legislature(2021 - 2022)BUTROVICH 205
05/03/2021 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB104 | |
| SB85 | |
| HB115 | |
| SB121 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 104 | TELECONFERENCED | |
| *+ | SB 85 | TELECONFERENCED | |
| += | HB 115 | TELECONFERENCED | |
| += | SB 121 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 85-FOREST LAND USE PLANS; TIMBER SALES
3:44:39 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 85 "An Act relating to forest
land use plans; relating to forest land use plan appeals;
relating to negotiated timber sales; and providing for an
effective date."
He noted this was the first hearing.
3:45:16 PM
BRENT GOODRUM, Deputy Commissioner, Department of Natural
Resources, Anchorage, Alaska, stated SB 85 seeks to modernize
the processes and the decision-making for timber sales, which
will help grow jobs in Alaska's timber industry. He opined that
SB 85 will result in more efficient land-use planning and more
predictable timber harvests. Importantly, SB 85 has a zero
fiscal note, he said.
3:46:42 PM
TIM DABNEY, Acting State Forester and Director, Division of
Forestry, Department of Natural Resources, Anchorage, Alaska,
introduced SB 85 with a PowerPoint titled "Forest Land Use
Plans; Negotiated Timber Sales." He reviewed the presentation
overview on slide 2, which read as follows:
Presentation Overview
• Issue: SE Alaska timber industry is struggling to
survive.
• How can we provide and protect timber jobs?
• Step 1: Change negotiated timber sale
statutes to allow local industry to sell all
the timber it harvests, as export if needed.
• Step 2: Provide a stable and predictable
supply of timber to the industry, once a
timber sale has been purchased.
• Sectional Analysis
3:47:56 PM
MR. DABNEY charged that the U.S. Forest Service is not providing
the supply of timber needed to maintain a healthy timber
industry in Southeast Alaska. Since the 1990s, the number of
timber industry jobs has dropped from about 4,000 to just 325.
Even those jobs are now in jeopardy, he said. Until young growth
timber becomes economically harvestable in about 2030, the
industry will struggle to survive.
He directed attention to the inset map on slide 4 that shows
state timberland sites in Southeast Alaska. It is just 46,952
acres or 0.04 percent of the land base in Southeast. By
comparison, the 16.8 million acre Tongass National Forest has
about 5.5 million acres of commercial timberland.
MR. DABNEY offered suggestions on how to protect and provide
timber industry jobs in Southeast. Step 1 would be to change the
negotiated timber sale statutes to allow the industry to sell
all the timber it harvests, including for export. He pointed out
that the current negotiated timber sale statutes prohibit local
timber purchasers from selling logs for export. Most must be
used for local manufacture. He said this is problematic because
the timber supply increasingly has more young growth and much of
it is not marketable in Alaska. Additionally, the demand for
species such as hemlock is only in overseas markets or the
Pacific Northwest.
3:50:38 PM
MR. DABNEY stated the Division of Forestry offers and
administers both competitive and negotiated timber sales.
Negotiated timbers sales are important because this type allows
the division to select the timber purchaser based both on price
and the number of local jobs the sale will provide.
3:51:13 PM
SENATOR STEVENS asked what hemlock is used for primarily if
demand for that species is only overseas markets or in the
Pacific Northwest.
3:51:33 PM
MR. DABNEY answered, hemlock has a higher moisture content which
makes it less desirable for dimensional lumber. Overseas it is
used for smaller items such as molding.
MR. DABNEY turned to slide 7 and explained that the second step
to protect and provide jobs in Alaska is to provide a stable and
predictable supply of timber to the industry once a sale has
been sold. SB 85 provides this protection by reducing appeals.
MR. DABNEY described the steps listed on slide 8 that lead up to
awarding a timber sale. He noted that public and agency comment
is gathered at each step. Agency comments are solicited from the
Department of Environmental Conservation (DEC), the Alaska
Department of Fish and Game (ADF&G), and the state historic
preservation officer.
The first step is to develop area and state forest plans for the
region. Second, each area office identifies the timber sales
that are scheduled over the next five years. This is done every
two years and the public has the opportunity to provide input.
The third step is the best interest finding (BIF). The division
starts with a preliminary BIF and works with the agencies and
public to come to a final best interest finding. Once the BIF is
adopted, the timber can be sold. Step four is to develop forest
land use plans (FLUP) for timber harvest units. Not all FLUPs
must be issued before timber is offered for sale. When the sales
are large, the FLUPs are prepared in phases as access is
created. He highlighted that regional planning, best interest
finding, and forest land use plans are subject to public appeal.
3:55:18 PM
MR. DABNEY described the difference between the best interest
finding and the forest land use plan outlined on slide 9.
Best Interest Finding Forest Land Use Plan
Decision document: Implements BIF on the ground
• Should we sell • How will the sold
this timber? timber be harvested?
MR. DABNEY reviewed the existing requirements for timber sales
on slide 10 that read as follows:
Agency and public input is gathered at each step of a
timber sale.
Timber sales must adhere to the Alaska Forest
Resources and Practices Act (FRPA, AS 41.17), which:
• protects fish habitat,
• protects water quality, and
• ensures prompt reforestation.
3:56:26 PM
MR. DABNEY reviewed slides 11 and 12 that lay out what SB 85
would do to help provide a stable and predictable supply of
timber. The slides read as follows:
Under current statute, a timber sale can be appealed
more than once, even after it has been purchased.
An appeal on a purchased sale can halt harvesting,
which can be disastrous to a logging company.
SB 85 ensures that once the decision has been made to
sell the timber, and it has been purchased, no further
administrative appeals can occur.
Input would still be gathered from public and
agencies.
SB 85 focuses appeals at the BIF stage, before timber
is sold.
• Provides stable and predictable supply of timber
once sold.
• No interruptions of harvest at a subsequent FLUP
stage.
3:57:27 PM
SENATOR MICCICHE referenced the statement that demand for
species such as hemlock is from an overseas market that makes
molding or trim. He shared his dream of Alaska businesses
someday employing Alaskans to create Alaskan goods. That could
be making trim in Alaska from Alaskan hemlock. He asked how that
could ever be a reality if a forest product company isn't
encouraged to invest in the machinery to make something like
trim in the state. The finished product could be exported
instead of the raw timber.
MR. DABNEY answered the department would advocate doing what it
can to keep the industry alive long enough to introduce new
manufacturing opportunities for hemlock and second growth
timber.
3:59:26 PM
SENATOR MICCICHE asked if new manufacturing opportunities would
be less likely after the removal of the requirement to use most
of the timber for local manufacturing.
MR. DABNEY answered removing that provision from the statute is
not intended to remove the option, it just removes the
requirement.
4:00:40 PM
SENATOR STEVENS asked if reforestation would be part of the
presentation.
MR. DABNEY answered no. The Alaska Forest Resources and
Practices Act (FRPA) requires regeneration following harvest,
but that is not part of the bill.
SENATOR STEVENS asked who does the work and pays for
reforestation.
MR. DABNEY answered the land manger is responsible for
reforestation. In some places in Alaska reforestation is a
natural process and in others hand planting is required.
SENATOR STEVENS stressed the importance of ensuring that state
land is back in production as soon as possible after it's been
logged. He said he'd like to discuss that further at another
time.
4:02:34 PM
SENATOR KIEHL said his question was about removing the ability
for Alaskans to appeal a forest land use plan after the initial
sale. He noted the presentation indicates that DNR will continue
to listen to comments from the public and agencies throughout
the process. However, if the public did not think DNR was
meeting its obligations, there would be no process to stop the
department once a phase 5 or 6 forest land use plan had created
access in a harvest unit. He asked how to ensure that public and
agency comment remains meaningful.
4:03:27 PM
MR. DABNEY answered DNR gives due deference to DEC and ADF&G
comments that are within their purviews. DNR is bound to comply
with the requirements from those agencies and it must adhere to
the Alaska Forest Practices Act and the documents that preceded
the FLUP. This includes the best interest finding and the area
plans, all of which were subject to comment and appeal.
To the question about public comment, he said public comment is
solicited for the forest land use plans and the Division of
Forestry has an excellent track record of working with the
public to make necessary changes to the harvest. He cited a
hypothetical example of moving a boundary in a harvest unit due
to visual impacts or wind.
SENATOR KIEHL said his concern is that if there is no
opportunity for an Alaskan to appeal if they believe the
department has gotten it wrong, the objections may be louder in
the future.
4:06:18 PM
CHAIR REVAK opened public testimony on SB 85; finding none, he
closed public testimony.
4:06:50 PM
CHAIR REVAK announced he would hold SB 85 in committee for
future consideration.