HB 261: "An Act relating to the management and sale of state timber and materials; relating to access across state land to navigable or public waters; and relating to the management of state forests."

00HOUSE BILL NO. 261 01 "An Act relating to the management and sale of state timber and materials; 02 relating to access across state land to navigable or public waters; and relating 03 to the management of state forests." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38.05.115(a) is repealed and reenacted to read: 06  (a) The commissioner shall determine the timber and other materials to be sold, 07 and the limitations, conditions, and terms of sale. The limitations, conditions, and terms 08 shall ensure that consumptive uses of all replenishable timber have preference over 09 nonconsumptive uses of all replenishable timber resources, and that these replenishable 10 timber resources be maintained on the sustained yield principle in conformity with art. 11 VIII, sec. 4, of the Alaska Constitution. The commissioner may negotiate sales of timber 12 or materials and on the limitations, conditions, and terms that are considered to be in the 13 best interests of ensuring the development of the replenishable timber resources to their 14 maximum use in conformity with art. VIII, sec. 1, of the Alaska Constitution. The

01 commissioner may negotiate a sale without advertisement under AS 38.05.945 to a 02 purchaser of 03  (1) up to and including 10,000 M.B.M. or equivalent other measure of 04 timber; or 05  (2) 50,000 cubic yards or less of materials from an existing site. 06 * Sec. 2. AS 38.05.115 is amended by adding a new subsection to read: 07  (d) In this section, 08  (1) "maximum use" means sustaining population levels and preventing 09 long-term declines by requiring active husbandry and management; 10  (2) "replenishable" means able to be restocked, resupplied, refilled, or 11 made complete again; 12  (3) "sustained yield" means the achievement and maintenance in 13 perpetuity of the maximum harvest of timber that can be maintained year after year. 14 * Sec. 3. AS 38.05.120 is amended to read: 15  Sec. 38.05.120. DISPOSAL PROCEDURE. Whenever two or more parties 16 express interest in a sale, timber [TIMBER AND OTHER MATERIALS] shall be sold 17 either by sealed bids or public auction, depending on which method is determined by the 18 commissioner to be in the best interests of the state, to the highest qualified bidder as 19 determined by the commissioner under [. AN AGGRIEVED BIDDER MAY APPEAL 20 TO THE COMMISSIONER WITHIN FIVE DAYS AFTER THE SALE FOR A 21 REVIEW OF THE DETERMINATION. THE SALE SHALL BE CONDUCTED BY 22 THE COMMISSIONER, AND AT THE TIME OF SALE THE SUCCESSFUL BIDDER 23 SHALL DEPOSIT THE AMOUNT SPECIFIED IN THE TERMS OF SALE. THE 24 MEANS BY WHICH THE AMOUNT OF DEPOSIT IS DETERMINED SHALL BE 25 PRESCRIBED BY APPROPRIATE] regulation. The commissioner shall immediately 26 issue a receipt containing a description of the timber or materials purchased, the price 27 bid, and the terms of sale. [THE RECEIPT SHALL BE ACCEPTED IN WRITING BY 28 THE BIDDER. A CONTRACT OF SALE, ON A FORM APPROVED BY THE 29 ATTORNEY GENERAL, SHALL BE SIGNED BY THE PURCHASER AND THE 30 CONTRACT SHALL BE SIGNED BY THE COMMISSIONER ON BEHALF OF THE 31 STATE.] The commissioner may impose conditions, limitations, and terms considered

01 necessary and proper to protect the interests of the state. Violation of any provision of 02 this chapter or the terms of the contract of sale subjects the purchaser to appropriate legal 03 action. 04 * Sec. 4. AS 38.05.127(f) is amended to read: 05  (f) Rights-of-way or easements to waterways established under AS 38.05.020 06 may [(a)(2) OF THIS SECTION SHALL] be established approximately once each mile 07 [UNLESS THE COMMISSIONER MAKES A WRITTEN FINDING THAT 08 REGULATING OR LIMITING ACCESS IS NECESSARY FOR OTHER BENEFICIAL 09 USES OR PUBLIC PURPOSES]. 10 * Sec. 5. AS 41.17.210(a) is amended to read: 11  (a) The governor may propose to the legislature the establishment of state forests 12 consisting primarily of commercially valuable forest land determined by the governor to 13 be necessary for retention in state ownership for management under the principles of 14 multiple use and sustained yield and consistent with AS 38.05.115 [AS 38.04.005]. The 15 proposal of the governor must include a report and recommendations of the 16 commissioner including 17  (1) a preliminary forest inventory; 18  (2) a summary of the testimony offered at public hearings held on the 19 management of the proposed state forest in communities proximately located to a 20 proposed state forest [; 21  (3) THE FINDINGS OF THE COMMISSIONER ON ANTICIPATED 22 INCOMPATIBILITIES OF USES DESCRIBED IN AS 38.05.112(c) UNDER 23 AS 38.05.112(d); 24  (4) WRITTEN COMMENTS FROM APPROPRIATE STATE 25 AGENCIES ON THE COMPATIBILITY OF THE USES DESCRIBED IN 26 AS 38.05.112(c) WITHIN THE PROPOSED STATE FOREST; 27  (5) AN ESTIMATE OF THE COST OF A FULL IMPLEMENTATION 28 OF AN OPERATIONAL LEVEL FOREST INVENTORY AND THE MANAGEMENT 29 PLAN]. 30 * Sec. 6. AS 41.17.220 is amended by adding a new subsection to read: 31  (b) At least once every five years the department shall request competitive sealed

01 proposals in the manner provided in AS 36.30.200 - 36.30.270 from companies and other 02 persons with professional experience in managing timber resources to manage the state 03 forests for their maximum yield and production. 04 * Sec. 7. AS 41.17.230(a) is amended to read: 05  (a) The commissioner shall prepare a management plan consistent with 06 AS 38.05.115 [AS 38.04.005] and this chapter for each state forest [AND FOR EACH 07 UNIT OF A STATE FOREST] to assist in meeting the requirements of this chapter. An 08 operational level forest inventory shall be completed before a management plan for the 09 state forest [OR THE UNIT OF A STATE FOREST] is adopted. The operational level 10 forest inventory must be completed within one year of the establishment of a state 11 forest by the legislature. The management plan shall be adopted, implemented, and 12 maintained within one year [THREE YEARS] of the establishment of a state forest by 13 the legislature. The prime object of a management plan shall be the highest and best 14 use of the forest by timber production under the principles of sustained yield. The 15 management plan must consider and allow the uses described in (g) of this section 16 so long as the uses do not interfere with the highest and best use of the forest, 17 which is timber production. If the commissioner finds by clear and convincing 18 evidence that an allowed use under (g) of this section is incompatible with one or 19 more other uses in a portion of a state forest, the commissioner shall affirmatively 20 state in the management plan that finding of incompatibility for the specific area 21 where, and the time period when, the incompatibility is anticipated to exist together 22 with the reasons for each finding. In this subsection, "sustained yield" has the 23 meaning given in AS 38.05.115. 24 * Sec. 8. AS 41.17.230 is amended by adding a new subsection to read: 25  (g) In addition to the requirements of AS 38.04.065(b), a forest management 26 plan may consider 27  (1) commercial timber harvesting, including related activities; 28  (2) harvesting of forest products for personal use; 29  (3) fish and wildlife habitat, including 30  (A) identification and protection of important wildlife habitat; 31  (B) classification of water bodies according to physical

01 characteristics; and 02  (C) the use of silvicultural practices, commercial timber harvest, 03 and related activities to maintain and enhance the quantity and quality of wildlife 04 habitat; 05  (4) uses of forest land for nontimber purposes, including 06  (A) mining, mining claims, mineral leaseholds, and material 07 extraction; 08  (B) uses of fish and wildlife; 09  (C) agriculture, including grazing; and 10  (D) other resources and uses appropriate to the area, including 11 compatible traditional uses; 12  (5) soil characteristics and productivity; 13  (6) water quality; and 14  (7) watershed management. 15 * Sec. 9. AS 41.17.400(c) is amended to read: 16  (c) In addition to the uses described in AS 41.17.230(g) [AS 38.05.112(c)], the 17 commissioner may establish transportation corridors within the Tanana Valley State 18 Forest. 19 * Sec. 10. AS 38.05.112, 38.05.113, 38.05.127(a), 38.05.127(b), 38.05.127(c), 38.05.127(e), 20 38.05.127(g); and AS 41.17.118(b) are repealed.