HB 98 — 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-GH1607\B32-GH1607\A CS FOR HOUSE BILL NO.

98(RES)98 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE HOUSE RESOURCESRULES COMMITTEE Referred:BY REQUEST OF THE GOVERNOR Introduced:

Finance2/18/21 Sponsor(s):Referred:

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

relating to emergency firefighters;

The uncodified law of the State of Alaska is amended by adding a new section to read:

LEGISLATIVE INTENT.

(a) It is the intent of the legislature that, when deliberating whether a timber sale is in the best interests of the state under AS 38.05, the commissioner of natural resources consider, in addition to any factors required by statute, the extent to which the sale may provide (1) economic benefits resulting from (A) the local manufacture of high value-added wood products;

and (B) local processing of the timber undertaken by the purchaser, including the local manufacture of other value-added wood products;

HB0098b -1- CSHB 98(RES) New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\B (2) the creation and maintenance of a stable local job base;

and (3) other foreseeable benefits to the state and local economy.

(b) It is the intent of the legislature that the state increase the areas available for personal use firewood while ensuring that the additional areas provide equitable acreage across the state in reasonable proximity to population areas and prioritize road access.

* Sec.

2.

(1) with the consent of the commissioner and subject to the director's HB0098a -1- HB 98 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\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;

and (iii) issues that, based on the statutes and regulations CSHB 98(RES) -2- HB0098b New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\B referred to in (i) of this subparagraph, on the facts as described in (ii) of this subparagraph, and on the nature of the uses sought to be authorized by the disposal, the director finds are material to the determination of whether the proposed disposal will best serve the interests of the state;

HB 98 -2- HB0098a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\A (iii) the department's approval is required before the next phase of the project may proceed;

HB0098b -3- CSHB 98(RES) New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\B (4) a contract for the sale, lease, or other disposal of available land or an interest in land is not legally binding on the state until the commissioner approves the contract, but if the appraised value is not greater than $50,000 in the case of the sale of land or an interest in land, or $5,000 in the case of the annual rental of land or interest in land, the director may execute the contract without the approval of the commissioner;

(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 facts and issues in accordance with (1)(B) of this subsection, and information HB0098a -3- HB 98 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\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;

(6) before a public hearing, if held, or in any case not less than 21 days before the sale, lease, or other disposal of available land, property, resources, or CSHB 98(RES) -4- HB0098b New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\B interests in them other than a sale, lease, or other disposal of available land or an interest in land for oil and gas or for gas only under (5) of this subsection, the director shall make available to the public a written finding that, in accordance with (1) of this subsection, sets out the material facts and applicable statutes and regulations and any other information required by statute or regulation to be considered upon which the determination that the sale, lease, or other disposal will best serve the interests of the state was based;

(F) an exempt oil and gas lease sale or gas only lease sale under HB 98 -4- HB0098a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\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;

HB0098b -5- CSHB 98(RES) New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\B (ii) not later than 45 days before the sale, the director shall issue a notice describing the interests to be offered, the location and time of the sale, and the terms and conditions of the sale;

3.2.

HB0098a -5- HB 98 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\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);

and (6) detrimentalany effectsother onreasonably theforeseeable surroundingbenefits environment,to includingthe erosion,state drainage, and riparianlocal stability;economy by the sale.

(7) effects on wildlife habitat;

and (8) any other reasonably foreseeable benefits to the state and local economy from the sale.

4.3.

(a) Except [THE DEPARTMENT MAY NOT AUTHORIZE THE CSHB 98(RES) -6- HB0098b New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\B HARVEST OF TIMBER, EXCEPT] for harvests of 20 [10] acres or less or timber salvaged from land cleared for a nonforest use, the department may not permit the harvest of timber in a harvest unit until a site-specific forest land use plan has been adopted.

5.4.

HB 98 -6- HB0098a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\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.

6.5.

HB0098b -7- CSHB 98(RES) New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\B OR EQUIVALENT OTHER MEASURE OF TIMBER.] * Sec.

7.6.

(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.

8.7.

9.8.

AS 38.05.118 is amended by adding a new subsectionssubsection to read:

Negotiated sales in an amount equal to or less than 500,000 board feet or equivalent other measure are exempt from the requirements of HB0098a -7- HB 98 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1607\A AS 34.15.150.

(e) If the commissioner determines that additional analysis is necessary to complete the best interest finding for a sale under this section, the commissioner may require a prospective purchaser to retain and pay for the services of a contractor to assist the commissioner in evaluating the proposed sale and financial and technical data related to the proposed sale.