SB 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.

32-GS1607\B32-GS1607\A CS FOR SENATE BILL NO.

85(RES)85 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - SECONDFIRST SESSION BY THE SENATE RESOURCESRULES COMMITTEE Referred:BY REQUEST OF THE GOVERNOR Introduced:

Finance2/12/21 Sponsor(s):Referred:

SENATEResources, RULESFinance COMMITTEE BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to forest land use plans;

relating to disposal procedures for selling timber;

SB0085B -1- CSSB 85(RES) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\B (1) with the consent of the commissioner and subject to the director's SB0085A -1- SB 85 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\A discretion, for a specific proposed disposal of available land, resources, or property, or of an interest in them, the director, in the written finding, (A) shall establish the scope of the administrative review on which the director's determination is based, and the scope of the written finding supporting that determination;

(ii) the disposal is a disposal of oil and gas, or of gas only, and, before the next phase of the project may proceed, public notice and the opportunity to comment are provided under regulations CSSB 85(RES) -2- SB0085B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\B adopted by the department;

SB 85 -2- SB0085A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\A (iii) the department's approval is required before the next phase of the project may proceed;

(A) before a public hearing, if held, or in any case not less than 180 days before the sale, lease, or other disposal of available land or an interest in land, the director shall make available to the public a preliminary written finding that states the scope of the review established under (1)(A) of this subsection and includes the applicable statutes and regulations, the material SB0085B -3- CSSB 85(RES) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\B facts and issues in accordance with (1)(B) of this subsection, and information SB0085A -3- SB 85 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\A required by (g) of this section, upon which the determination that the sale, lease, or other disposal will serve the best interests of the state will be based;

CSSB 85(RES) -4- SB0085B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\B (F) an exempt oil and gas lease sale or gas only lease sale under SB 85 -4- SB0085A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\A AS 38.05.180(d) of acreage subject to a best interest finding issued within the previous 10 years or a reoffer oil and gas lease sale or gas only lease sale under AS 38.05.180(w) of acreage subject to a best interest finding issued within the previous 10 years, unless the commissioner determines that substantial new information has become available that justifies a supplement to the most recent best interest finding for the exempt oil and gas lease sale or gas only lease sale acreage and for the reoffer oil and gas lease sale or gas only lease sale acreage;

SB0085B -5- CSSB 85(RES) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\B * Sec.

AS 38.05.110(c) is amended to read:

SB0085A -5- SB 85 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\A (c) If a sale of timber may be offered under multiple provisions of AS 38.05.110 - 38.05.123, the commissioner shall determine the applicable provisions under which to offer the timber by considering (1) the best interests of the state under AS 38.05.035(e);

(2) the local timber market;

(3) specialized or developing foreign or domestic markets;

(4) the presence of underutilized timber;

(5) the economic constraints of the intended timber market;

and (6) any other reasonably foreseeable benefits to the state and local economy by the sale.

* Sec.

3.

3.4.

SB 85 -6- SB0085A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\A (e) Notwithstanding AS 44.37.011, a person may not seek reconsideration of or appeal to the commissioner a decision to adopt a forest land use plan.

4.5.

WITHIN A ONE-YEAR PERIOD, CSSB 85(RES) -6- SB0085B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\B THE COMMISSIONER MAY NOT NEGOTIATE A SALE WITHOUT ADVERTISEMENT TO THE SAME PURCHASER OF MORE THAN 500 M.B.M.

5.

AS 38.05.115 is amended by adding a new subsection to read:

(d) In making the best interest finding required by AS 38.05.035(e) for a disposal of timber under AS 38.05.110 - 38.05.123, the commissioner shall consider, in addition to other factors, whether the bidder or buyer, to the maximum extent permitted by law, commits to (1) hire qualified residents from throughout the state;

(2) contract with businesses located in the state;

(3) establish hiring facilities or use existing hiring facilities in the state;

and (4) use, as far as is practicable, the job centers and associated services operated by the Department of Labor and Workforce Development and an Internet- based labor exchange system operated by the state.

* Sec.

(a) Notwithstanding AS 38.05.120 and 38.05.123 [AS 38.05.115 ANDand 38.05.120], and upon a finding that a [THE] sale is in the best interest of the state, the commissioner may negotiate a sale of timber [TO A LOCAL MANUFACTURER OF WOOD PRODUCTS OR A USER OF WOOD FIBER] at appraised value.

(d) Within a one-year period, the commissioner may not negotiate additional timber sales to the same purchaser for an amount greater than 500,000 board feet or SB0085B -7- CSSB 85(RES) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\B equivalent other measure.

Negotiated sales in an amount equal to or less than 500,000 board feet or equivalent other measure are exempt from the requirements of SB0085A -7- SB 85 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\A AS 34.15.150.

AS 38.05.123(a) is amended to read:read.

The commissioner shall by regulation set a maximum number of contracts, but not less than two, forper each [PER] region of the state that may be negotiated each year under this section.

AS 38.05.123(c) is amended to read:read.

AS 41.23.470(b) is amended to read:read.

CSSB 85(RES) -8- SB0085B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\B (b) The commissioner may conduct [ONLY] a negotiated timber sale under AS 38.05.118 only [AS 38.05.115] to provide for personal use, including house logs SB 85 -8- SB0085A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1607\A and firewood, or for a use incidental to the construction of access, or for habitat enhancement.

SB0085BSB0085A -9- CSSBSB 85(RES)85 New Text Underlined [DELETED TEXT BRACKETED]