reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.092 - Pricing for sale of timber

Current through May 31, 2024
(a) The
				  commissioner will determine the price of timber for sale under AS 38.05 and
				  this chapter in accordance with this section.
(b) When the commissioner considers entering
				  into a timber sale contract under
				  AS
				  38.05.123,
(1) the commissioner will establish a base
				  price for timber stumpage that represents the cost to the Division of Forestry
				  of administering the timber sale contract after purchase; the Division of
				  Forestry may not sell the timber for less than its base price;
(2) the base price for timber determined
				  under (1) of this subsection is subject to adjustment; the commissioner will,
				  in the commissioner's discretion, establish an initial stumpage rate; the rate
				  is set by adding adjustments to the base price based upon factors that include,
				  but are not limited to,
(A) the projected or
				  actual percentage of the volume of timber sold under the contract that is
				  locally manufactured into high value-added wood products or other value-added
				  wood products; and
(B) the
				  projected or actual costs to the purchaser of the timber of establishing or
				  improving local manufacturing facilities for the wood products.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.094 - Number of high value-added contracts per region

Current through May 31, 2024
(a) For the purpose
				  of entering into timber sale contracts for local manufacture of high
				  value-added timber products under
				  AS
				  38.05.123, the commissioner will negotiate no
				  more than the following number of timber sale contracts each year:
(1) 10 sales per year in region I;
(2) five sales per year in region II;
				  and
(3) five sales per year in
				  region III.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.095 - Performance bond

Current through May 31, 2024
(a) In connection with a timber or material
				  sale, the director will, in his discretion, require the purchaser to provide a
				  performance bond to guarantee performance of the terms of the
				  contract.
(b) If the director
				  requires a performance bond under this section, the bond amount will be based
				  on the total value of the sale: If the total value of the sale is
(1) $50,000 or less, the bond amount will be
				  at least 10 percent of the total value of the sale;
(2) between $50,000 and $100,000, the bond
				  amount will be at least $5,000; or
(3) $100,000 or more, the bond amount will be
				  at least five percent of the total value of the sale, but will not exceed
				  $200,000.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.096 - Definition of "high value-added wood product"

Current through May 31, 2024
For the purposes of a negotiated timber sale made under
					 AS
					 38.05.123, "high value-added wood product"
					 has the meaning given that term in
					 AS
					 38.05.123(j), and, in
					 addition, means laminated veneer lumber, shakes, and
					 shingles.
Authority:
AS
						38.05.020
AS
						38.05.123
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.098 - Availability of processing facilities

Current through May 31, 2024
(a) As part of a
				  negotiated timber sale under
				  AS
				  38.05.123, in addition to the requirements of
				  AS
				  38.05.123(f), a prospective
				  purchaser of state timber in the sale shall identify the facilities that the
				  prospective purchaser will use for processing the timber.
(b) Timber purchased under AS 30.05.123 may
				  not be harvested unless the facilities identified by the purchaser under (a) of
				  this section are operational and capable of processing the timber.
Authority:
AS
						38.05.020
AS
						38.05.123
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.100 - Rights-of-way

Current through May 31, 2024
(a) The division will obtain options for the
				  rights-of-way necessary to grant access to a timber sale area. The division, in
				  its discretion, will require a timber purchaser under this chapter to convey to
				  the state temporary easements satisfactory to the director for roads used in
				  hauling timber across private land to the intersection with the nearest public
				  road or public water. Before the acquisition of the easements, the director
				  will consult with adjacent landowners whose interests may be affected by their
				  location.
(b) A purchaser of
				  material under this chapter is responsible for providing access to the material
				  sale area. If a material purchaser obtains an easement or right-of-way over
				  privately owned land, the purchaser shall ensure that the easement or
				  right-of-way provides an easement or right-of-way to the state as well as to
				  the purchaser.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.200 - Contract provisions

Current through May 31, 2024
A timber or material sale contract must include, if
					 applicable, but is not limited to
(1)
				  a description of the sale area, the timber volume or material to be removed
				  from the sale area, the method of payment by the purchaser, the method of
				  removal of the timber or material, the bonds and deposits required of the
				  purchaser, the method of scaling to be used by the purchaser, the purchaser's
				  liability under the contract, the improvements to and occupancy of the sale
				  area required of the purchaser, the reservation of timber or material within
				  the sale area to the division, the provisions of
				  11 AAC 71.025,
				  11 AAC 71.080,
				  11 AAC 71.205,
				  11 AAC 71.225,
				  11 AAC 71.235 -
				  11 AAC 71.240, and
				  11 AAC 71.280 as they relate to
				  the contract, the warranties made by the division, and the waiver of rights
				  made by the purchaser;
(2) the
				  purchaser's site-specific operating requirements including, but not limited to,
				  requirements under
				  11 AAC 71.245,
				  11 AAC 71.255,
				  11 AAC 71.265, and
				  11 AAC 71.270 and requirements
				  relating to boundary markers and survey monument protection; erosion control
				  and protection of water; fire prevention and control; roads; sale area
				  supervision; protection of fish, wildlife and recreational values; sale area
				  access and safety;
(3) provisions
				  relating to logging methods, silvicultural practices, reforestration, snag
				  felling slash disposal, and stump heights; and
(4) provisions relating to the removal of
				  included timber. Except for timber required or authorized to be left, the
				  purchaser shall fell and buck all trees meeting or exceeding minimum contract
				  utilization standards and shall remove the trees from the sale area.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.205 - Amendments to contract

Current through May 31, 2024
(a) A timber or material sale contract may,
				  upon approval of the director, be amended to include at the same unit price
				  additional timber or material in the sale area or in an area adjacent to, or in
				  the immediate vicinity of, the sale area if the amount of timber or material to
				  be included in the amended contract does not exceed 25 percent of the volume
				  provided for in the contract before amendment and if
(1) the volume of timber or material
				  estimated to be in the sale area by the division was grossly in error;
				  or
(2) timber in the sale area has
				  been blown down or infested with insect or disease and prompt harvest is in the
				  interest of full and efficient utilization.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.210 - Contract extension

Current through May 31, 2024
(a) A contract under this chapter must state
				  the date upon which the severance or extraction of timber or material under the
				  contract is to be completed.
(b) A
				  contract may be extended before its expiration if the director determines that
				  the
(1) delay in completing the contract is
				  due to unforeseen events beyond the purchaser's control, but not including
				  events that a prudent bidder would take into account such as market
				  fluctuations, equipment failures, or typical weather conditions; or
(2) extension is in the best interests of the
				  state.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.215 - Assignments

Current through May 31, 2024
(a) A purchaser may not assign all or part of
				  a contract under this chapter without the written approval of the director. The
				  director will, in his discretion, approve an assignment of all or part of a
				  contract upon written request of the purchaser if the director determines that
				  the assignment will not prevent timely completion of the contract.
(b) A purchaser is responsible for complying
				  with the provisions of a contract regardless of whether he assigns all or part
				  of a contract to another person.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.220 - Suspension

Current through May 31, 2024
The director will, in his discretion, suspend all or part
					 of the operations under a contract if he determines, after notice, that the
					 purchaser has breached a provision of the contract. At the request of the
					 purchaser a hearing will be scheduled by the director as soon as possible after
					 the suspension has been imposed to review the director's
					 determination.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.225 - Termination of contract

Current through May 31, 2024
If the purchaser breaches a provision of the contract, the
					 director will, in his discretion, give the purchaser written notice of the
					 breach. If, after giving the purchaser notice of the breach, the breach is not
					 remedied in the time specified by the director, the director will, in his
					 discretion, terminate the contract. If the director terminates the contract,
					 title to the timber or material which has not passed to the purchaser vests in
					 the state, and the purchaser is liable for damages sustained by the state
					 arising from the purchaser's breach.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.230 - Primary manufacture of timber

Current through May 31, 2024
(a) The director
				  will, in his discretion, require that primary manufacture of timber removed
				  under this chapter be accomplished within the state to the extent consistent
				  with law.
(b) For the purposes of
				  this section, the director will consider timber which has been manufactured
				  into a product for use without further processing as having been primarily
				  manufactured only if the director determines that there is a market for the
				  product.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.235 - Use of roads and facilities

Current through May 31, 2024
The state has the right to use, for the protection and
					 administration of state lands, a road constructed by the purchaser for access
					 to the timber or material acquired by the purchase under this chapter. The
					 division will, in its discretion, authorize other persons to use roads and
					 facilities constructed and maintained by the purchaser if the use does not
					 interfere with the operations of the purchaser and if the other persons either
					 perform a share of maintenance of the roads and facilities based on their use
					 of the road and facilities or pay to the purchaser the cost of their share of
					 the maintenance as agreed upon by the purchaser and the other persons. If the
					 purchaser and the other persons cannot agree upon the cost of the other
					 persons' share of maintenance of the road and facilities, the director will
					 determine that cost.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.240 - Sale of other timber and materials

Current through May 31, 2024
The division reserves the right to sell from the sale area
					 during the time that a purchaser's contract is in effect timber or material
					 which is not covered by the contract if the removal of the timber or material
					 will not interfere, in the director's judgment, with the operations of the
					 purchaser.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.245 - Damages

Current through May 31, 2024
(a) A purchaser shall conduct operations
				  under a contract under this chapter in a workmanlike manner and may not
				  unnecessarily damage the land or resources in the sale area. Damage
				  attributable to the purchaser's operations which, as determined by the
				  director, is excessive or was avoidable must be corrected by the purchaser to
				  the satisfaction of the director within the time designated by the director.
				  The division will assess a purchaser's liability for damage in accordance with
				  the purchaser's contract.
(b) If a
				  purchaser cuts or removes timber or material which is not designated for
				  cutting or removal under the purchaser's contract, the purchaser is liable for
				  damages as provided in the purchaser's contract.
Authority:
AS
						38.05.020
AS 38.05.115
AS
						38.05.360
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.250 - Protection of improvements

Current through May 31, 2024
A purchaser under this chapter shall promptly restore
					 improvements damaged by the purchaser's operations. The purchaser shall keep
					 roads and skid trails designated for forest protection or other purposes free
					 of logs, slash, and debris and shall promptly repair the roads and skid trails
					 if they are damaged by the purchaser's operations. The purchaser shall maintain
					 roads during the term of the contract with allowance for normal wear and
					 tear.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.255 - Sanitation

Current through May 31, 2024
A purchaser under this chapter shall maintain improvements
					 located on state lands and used by the purchaser in connection with the
					 purchaser's operations in a clean condition. If a purchaser constructs,
					 operates, or maintains buildings, toilets, garbage pits, or other structures in
					 the sale area, the purchaser must do so in accordance with applicable
					 regulations of the Department of Environmental Conservation and Department of
					 Fish and Game. If a purchaser moves a structure, camp, or other improvement
					 located on state land from one location to another or if the purchaser abandons
					 the improvement, the purchaser shall burn or otherwise dispose of the debris
					 and the abandoned improvement and shall clean and restore the site of the
					 improvement unless otherwise specified in the contract. A purchaser shall
					 dispose of refuse in a manner which prevents it from entering a body of
					 water.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.260 - Notice or demand

Current through May 31, 2024
A notice or demand which, under the terms of a contract
					 under this chapter or under a statute, must be given or made by a party to the
					 contract, must be in writing, and must be given by registered or certified mail
					 addressed to the other party at the address of record. Notice is effective upon
					 receipt by the other party.
Authority:
AS
						38.05.020
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.265 - Rehabilitation and intensive management practices

Current through May 31, 2024
(a) The director
				  will, in his discretion, require a purchaser of material to rehabilitate the
				  sale area. The contract will include a special provision requiring the
				  rehabilitation and the appraised unit cost of the material for sale shall
				  reflect this requirement. The director will, in his discretion, require the
				  purchaser to submit a complete mining plan for a large material-sale area which
				  must be rehabilitated under this subsection.
(b) The director will, in his discretion,
				  require a purchaser of timber to provide site-specific measures for intensive
				  management practices on the sale area. The intensive management practices may
				  include, but are not limited to, seedbed preparation, seeding, planting,
				  thinning, and pruning. The director will arrange for intensive management
				  practices under this subsection by including specific provisions in the
				  contract and allowing for the intensive management practices in setting the
				  appraised price of timber for the sale.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.270 - Proper location by purchaser

Current through May 31, 2024
A purchaser is responsible for the accurate location of
					 operations under the purchaser's contract under this chapter and for a survey
					 necessary for the accurate location, unless otherwise specified in the
					 contract.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.275 - Purchaser's representative

Current through May 31, 2024
During the time that operations under a purchaser's
					 contract under this chapter are in progress, the purchaser shall have an
					 authorized representative available on the site of the operations to receive
					 and carry out, on the purchaser's behalf, a notice or instruction given by an
					 agent of the division relating to the performance of the
					 contract.
Authority:
AS
						38.05.020
AS 38.05.110
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 2 - Timber and Material Sale Contracts and Operations › 11 AAC 71.280 - Inspection and reports

Current through May 31, 2024
(a) Activities conducted on state land under
				  timber or material sale contracts or under log salvage licenses are subject to
				  inspection by agents of the division. Books and records of a purchaser or
				  licensee, and of the purchaser's or licensee's contractors and subcontractors,
				  relating to operations under the contract or license are also subject to
				  inspection by agents of the division. Upon request of the purchaser or
				  licensee, the division will keep information obtained under this section
				  confidential to the extent permitted by law.
(b) In a material sale the director will, in
				  his discretion, require the purchaser to submit monthly, semiannual, annual, or
				  other periodic reports, including a final report, on a form provided by the
				  division. The reports must provide an accurate accounting of the quantity of
				  materials removed.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.300 - Annual operating plan

Current through May 31, 2024
A purchaser of timber under this chapter shall if required
					 by the contract, before beginning operations within the timber sale area, and
					 before beginning operations each calendar year thereafter, prepare an annual
					 plan of operations acceptable to the director. The plan of operations may be
					 modified by written mutual agreement of the director and the
					 purchaser.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.305 - Quarters for state personnel

Current through May 31, 2024
The director will, in his discretion, require a purchaser
					 of timber under this chapter to provide cabins or quarters of the customary
					 type in use in logging camps and satisfactory to the state for use by state
					 personnel inspecting timber contract operations. Ownership of the cabins or
					 quarters remains with the purchaser. The purchaser shall rent the cabins or
					 quarters to state personnel at a rate agreed upon in advance by the director
					 and the purchaser.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.310 - Construction authorization

Current through May 31, 2024
(a) The division
				  will, in its discretion, authorize a purchaser under a timber sale contract
				  under this chapter to
(1) construct,
				  reconstruct, and maintain roads, bridges, and other transportation facilities
				  needed for cutting and removing timber; and
(2) construct in the sale area temporary
				  buildings or other improvements necessary for logging or processing
				  timber.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.315 - Log identification

Current through May 31, 2024
The division will, in its discretion, require a purchaser
					 of timber under this chapter to identify timber with a brand or other mark
					 approved by the director before removing the timber from the sale
					 area.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.320 - Orderly progress of logging

Current through May 31, 2024
The director will, in his discretion, require that
					 operations on a subdivision of a timber sale area be completed before logging
					 begins on other subdivisions.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.325 - Completed areas

Current through May 31, 2024
If a purchaser has satisfactorily complied with the timber
					 sale contract requirements on a subdivision of the sale area and the director
					 has acknowledged the purchaser's compliance in writing, the division will not
					 require the purchaser to perform additional work under the contract on the
					 subdivision.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.330 - Loss of timber

Current through May 31, 2024
If timber under a contract under this chapter is destroyed
					 or damaged by fire, wind, flood, insects, disease or other cause to the extent
					 that it is unmerchantable, the holder of title to the destroyed or damaged
					 timber bears the loss. The state is not obligated to supply, nor is the
					 purchaser obligated to accept and pay for, other timber in place of the
					 destroyed or damaged timber. A loss of or damage to timber removed from the
					 sale area under the contract must be borne by the purchaser. This section alone
					 does not relieve either party to a contract of liability for
					 negligence.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.335 - Hazard reduction

Current through May 31, 2024
For a timber sale area in which the director determines
					 that logging slash will pose a serious hazard to effective forest protection or
					 regeneration, the director will require the purchaser to reduce the hazard by
					 burning or by another method specified in the timber sale contract. The
					 appraisal prepared for the sale under
					 11 AAC 71.092 will reflect the
					 cost of hazard reduction required by this section.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.340 - Safety

Current through May 31, 2024
A purchaser of timber under this chapter and the
					 purchaser's employees and subcontractors shall conduct their operations under
					 the timber sale contract in a safe and workmanlike manner in compliance with
					 the state occupational safety and health standards for logging established by
					 the Alaska Department of Labor and Workforce Development and shall take the
					 steps reasonably necessary to allow the agent of the division to safely scale
					 and inspect cutting, logging, construction, or other activities of the
					 purchaser under the contract.
As of Register 151 (October 1999), the regulations
						attorney made technical revisions under
						AS
						44.62.125(b)(6) to reflect
						the name change of the Department of Labor to the Department of Labor and
						Workforce Development made by ch. 58, SLA 1999 and the corresponding title
						change of the commissioner of labor.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.50.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.345 - Snag felling

Current through May 31, 2024
A purchaser under this chapter must fell dead timber
					 concurrently with the purchaser's logging operation unless otherwise specified
					 in the timber sale contract.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 3 - Timber and Logging Requirements › 11 AAC 71.350 - Stump heights

Current through May 31, 2024
A purchaser of timber under this chapter must cut stumps in
					 a manner which minimizes waste and does not exceed the maximum height set by
					 the timber sale contract. Stumps which are not cut as specified in the
					 purchaser's contract must be paid for by the purchaser at the rate set in the
					 contract for fixed and liquidated damages.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 4 - Unbranded or Abandoned Timber Property Sales › 11 AAC 71.400 - Sale of unbranded or abandoned timber property

Current through May 31, 2024
(a) The director
				  will, in his discretion
(1) designate areas in
				  which he intends to offer log salvage licenses for the sale of unbranded or
				  abandoned timber property; or
(2)
				  accept nominations for a salvage license for a specific area, the size or
				  boundaries of which the director will, in his discretion, limit to manageable
				  units.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 4 - Unbranded or Abandoned Timber Property Sales › 11 AAC 71.405 - Application for log salvage license

Current through May 31, 2024
(a) A person who
				  seeks to salvage unbranded or abandoned timber property from the water,
				  shoreland, or tideland of the state may apply in person or by mail to an office
				  of the division. The application must be on a form provided by the division, be
				  signed by the applicant, and contain the following information: the specific
				  geographical area of state water and shoreland upon which salvage operations
				  will be conducted; the type of salvage operation proposed, including the
				  specific kind of equipment to be used and measures proposed to protect against
				  environmental damage; and a description of nearby timber operations.
(b) To qualify for a log salvage license, an
				  applicant must be licensed to do business within the state and must have a
				  current log brand for rafting, floating, or towing timber property in the
				  waters of the state.
(c) An
				  applicant may hold only one log salvage license at a time and may not
				  simultaneously be the operator of or have an interest in salvage operations
				  under another log salvage license.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 4 - Unbranded or Abandoned Timber Property Sales › 11 AAC 71.410 - Selection of applicant

Current through May 31, 2024
(a) The division will grant log salvage
				  licenses offered under
				  11 AAC 71.400(a) (1) and (a)(2) on a first-come, first-served basis to
				  qualified applicants, subject to (b) of this section.
(b) To be eligible for selection, an
(1) applicant must have submitted an
				  application or nomination for the salvage area;
(2) applicant must meet the requirements of
				  11 AAC 71.405; and
(3) applicant, if the applicant has
				  previously held a log salvage license, must have met the terms of the previous
				  license.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 4 - Unbranded or Abandoned Timber Property Sales › 11 AAC 71.415 - License fees and conditions

Current through May 31, 2024
(a) Before issuing
				  a log salvage license, the division will publish notice of its intent to claim
				  abandoned timber property, as required by
				  AS
				  45.50.234. At the time of application, the
				  applicant shall bear the cost of advertising.
(b) The license fee prescribed by 11 AAC 05.080 must accompany each application for a log salvage license.
(c) The licensee is responsible for obtaining
				  the permits required by law for the salvage operation. The division will inform
				  the licensee of associated permit requirements and will assist the licensee in
				  obtaining permits by supplying relevant information.
(d) If the salvage operation could, in the
				  director's judgment, cause substantial harm to state land, fisheries, or
				  wildlife, or to another operator, either because of the nature of the area in
				  which the salvage operation will take place, the type of operation proposed, or
				  the applicant's qualifications, the applicant shall post a liability bond in an
				  amount the director judges sufficient to cover possible damages, but not to
				  exceed $10,000.
(e) A log salvage
				  license is valid for one year from the date of issue but shall be temporarily
				  suspended upon notification by transporter of timber to permit timber recovery
				  in the area of salvage. If a log salvage license is suspended under this
				  subsection, the director will, in his discretion, extend the term of the
				  license for a period equal to that portion of the operating season in which the
				  licensee's access to the area of the salvage operation was denied. If, after
				  issuance of a log salvage license, a state-approved log booming, rafting, or
				  storage area is built in the area of the salvage operation during the period
				  the log salvage license is in effect, the director will, in his discretion,
				  modify the log salvage license.
(f)
				  A log salvage licensee may annually renew a log salvage license obtained under
				  11 AAC 71.400(a)(1) for up to three years by
				  paying the license fee prescribed by 11 AAC 05.080 at least 30 days before the
				  expiration date of the license, and by qualifying under
				  11 AAC 71.405. The division will
				  include provisions relating to renewal of a log-salvage license under this
				  section in the original license.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 4 - Unbranded or Abandoned Timber Property Sales › 11 AAC 71.420 - Prohibited areas

Current through May 31, 2024
The area in which salvage operations may be conducted under
					 a log salvage license does not include the shoreline within one mile of
					 state-approved log booming, rafting, or storage area or pulp or
					 sawmill.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 4 - Unbranded or Abandoned Timber Property Sales › 11 AAC 71.425 - Timber lost in salvage license area

Current through May 31, 2024
The licensee shall make a reasonable effort to identify and
					 separate the lost timber from that which is being salvaged and shall notify the
					 division of the location of the lost timber the licensee discovers within the
					 area in which the salvage operations are conducted.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 4 - Unbranded or Abandoned Timber Property Sales › 11 AAC 71.430 - Revocation or suspension

Current through May 31, 2024
Upon determination by the director that a licensee or
					 applicant has violated a provision of
					 11 AAC 71.400 -
					 11 AAC 71.430 or has made a false
					 statement on his application for a log salvage license or on a report required
					 by a license, the director will, in his discretion, revoke or suspend the
					 license or deny the application. If the director determines that a licensee has
					 altered, obliterated, or removed log brands, has willfully taken unauthorized
					 logs, or has otherwise violated a provision of
					 11 AAC 71.400 -
					 11 AAC 71.430, the director will,
					 in his discretion, refuse to consider a subsequent application for a log
					 salvage license from that person.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.500 - Log brand

Current through May 31, 2024
In this chapter and in
					 AS
					 45.50.210-45.50.325, "brand" means
(1) a mark or other designation that has been
				  registered with the department; or
(2) an impression stamped on timber property
				  with a branding hammer.
Authority:
AS
						38.05.020
AS 45.50.315
AS
						45.50.325
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.510 - Barged logs

Current through May 31, 2024
Timber property transported by a self-dumping barge will be
					 presumed, upon being loaded on the barge, to be intended to be put in a
					 waterway of the state within the meaning of
					 AS
					 45.50.230(a).
Authority:
AS
						38.05.020
AS
						45.50.230(a)
AS
						45.50.315
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.520 - Brand design

Current through May 31, 2024
(a) A diagram or design on paper, within the
				  meaning of
				  AS
				  45.50.210(b), will be
				  considered acceptable if it is a sketch or drawing with exact dimensions shown,
				  or a paint or ink impression of the brand. The department will, in its
				  discretion, request the owner of a brand to furnish a paint or ink impression
				  of the brand on paper at any time in order to confirm that the owner's branding
				  hammer conforms to the design of the brand as registered.
(b) The actual size of the brand must be at
				  least two inches in diameter or dimensions.
Authority:
AS
						38.05.020
AS 45.50.210
AS
						45.50.315
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.530 - Application requirements

Current through May 31, 2024
An application must be accompanied by the registration or
					 renewal fee prescribed by 11 AAC 05.080 and, if requested by the department, an
					 impression of the brand to be registered and additional descriptive
					 information.
Authority:
AS
						45.50.210
AS 45.50.220
AS 45.50.260
AS
						45.50.315
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.540 - Cancellation of registration

Current through May 31, 2024
(a) The department
				  will, in its discretion, cancel a brand registration, following notice and an
				  opportunity to be heard
(1) if the owner fails
				  to furnish an impression of the brand or information about the brand or use of
				  the brand when requested to do so by the department;
(2) upon conviction under
				  AS
				  45.50.320; or
(3) if the applicant or owner fails to reply
				  to a certified or registered letter from the department requesting information
				  concerning the log brand within a specified period of time; the time period
				  will not be less than 15 days from the date the letter is metered.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.560 - Reservation of brands

Current through May 31, 2024
When an acceptable application has been received for
					 registration or renewal of brand registration, the brand will be reserved to
					 the applicant.
Authority:
AS
						38.05.020
AS
						45.50.315
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.570 - Registration upon transfer

Current through May 31, 2024
No registered brand may be transferred to or used by or on
					 behalf of a third party except after prior written notice to the department,
					 accompanied by a true copy of the instrument of transfer as required by
					 AS
					 45.50.260, together with the registration
					 transfer fee prescribed by 11 AAC 05.080. Upon receipt and filing for record of
					 a copy of the transfer instrument and the fee, the department will register the
					 brand and issue a certificate to the new owner.
Authority:
AS
						38.05.020
AS 45.50.260
AS
						45.50.315
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.580 - Use of unregistered brand

Current through May 31, 2024
Logs branded with an unregistered brand, or with a
					 registered brand used by a person not authorized to use it, will be considered
					 for all purposes to be unbranded.
Authority:
AS
						38.05.020
AS 38.50.315
AS 38.50.320
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 5 - Log Brands › 11 AAC 71.590 - Notice or demand

Current through May 31, 2024
Any notice or demand under this chapter or under AS
					 45.50.215-45.50.325 must be in writing, and
					 must be sent by certified or registered mail to the other party at the address
					 of record. Either party may designate in writing a new address to which the
					 notice or demand is to be mailed. A written notice or demand is considered
					 delivered when mailed from a U.S. general or branch post office.
Authority:
AS
						38.05.020
AS 38.50.315
AS 38.50.320
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 6 - General Provisions › 11 AAC 71.900 - Warranty

Current through May 31, 2024
The state warrants neither the quantity nor the quality of
					 the timber or material to be removed from an area under a contract or license
					 under this chapter. However, to the extent practicable and within the limits of
					 funding, the division will attempt to estimate volumes of upland timber in
					 conjunction with a sale using accepted methods in the trade with a standard
					 error factor of plus or minus 10 percent.
Authority:
AS
						38.05.020
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 6 - General Provisions › 11 AAC 71.910 - Definitions

Current through May 31, 2024
In this chapter
(1) "competitive sale" means a sale which is
				  open to competitive bidding by either oral outcry auction or sealed
				  bid;
(2) "contract of sale" or
				  "contract" means a written agreement in which the state agrees to sell and the
				  purchaser agrees to buy certain timber or material;
(3) "cruise" means an inventory of the timber
				  in a sale area to determine the quantity and quality of forest products which
				  can be derived from it;
(4)
				  "director" means
(A) for timber sales, the
				  director of the division of forestry; and
(B) for material sales, the director of the
				  division to whom the commissioner's material sale authorities under AS 38 are
				  delegated;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 80 - Pipeline Right-of-Way Leasing › 11 AAC 80.015 - Annual rental payments

Current through May 31, 2024
(a) Repealed 8/6/94.
(b) The first year's rental charge may, upon
				agreement of the commissioner of natural resources and the applicant, be based
				upon an informal appraisal, and the first year's rental charge shall be
				adjusted on the basis of the formal appraisal conducted before the end of the
				first year of the lease term.
Authority:
AS
					 38.05.020(c)
AS
					 38.35.020(a)
AS
					 38.35.140
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 80 - Pipeline Right-of-Way Leasing › 11 AAC 80.025 - Request for authorization to provide temporary or emergency service or for temporary or emergency abandonment, reduction or impairment of service

Current through May 31, 2024
(a)
				Requests for authorization to provide temporary or emergency service or for
				temporary or emergency abandonment, reduction or impairment of service shall be
				submitted to the office of the director of the division of lands on Form
				DL-10-131.
(b) Form DL-10-131 when
				completed shall include
(1) the name and
				address of the lessee;
(2) the date
				of the request;
(3) the lease
				number of each right-of-way lease affected by the request;
(4) a description of the service rendered by
				the lessee prior to the request;
(5) a description of the proposed change;
				and
(6) a statement of the reasons
				for the proposed change.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 80 - Pipeline Right-of-Way Leasing › 11 AAC 80.035 - Administrative determination for temporary or emergency service or temporary or emergency abandonment, reduction or impairment of service

Current through May 31, 2024
(a) The
				commissioner of natural resources, or his authorized representative, will
				disapprove a request for authorization for temporary or emergency rendering of
				service or a request for the temporary or emergency abandonment, reduction or
				impairment of service under
				AS
				38.35.040 only after determining that
(1) the disapproval will promote state
				interests and goals and will have no adverse effect upon the interstate
				character of commercial activities which outweighs the public benefit;
				and
(2) the disapproval will not
				illegally interfere with an area of regulation pre-empted by federal statute or
				regulation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 80 - Pipeline Right-of-Way Leasing › 11 AAC 80.045 - Field gathering lines exempt

Current through May 31, 2024
Field gathering lines are exempt from the requirement of
				  obtaining a right-of-way lease under AS 38.35.
Authority:
AS
					 38.05.020(c)
AS
					 38.35.020(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 80 - Pipeline Right-of-Way Leasing › 11 AAC 80.055 - Field gathering lines defined

Current through May 31, 2024
"Field gathering lines" means pipe and associated facilities,
				  including separators, test equipment, pumps, treaters and tanks, used in the
				  transfer of gas or oil from a well or other facility used in the production of
				  gas or oil to a point where there is either a custody transfer of the gas or
				  oil or where the gas or oil enters a common carrier pipeline, whichever first
				  occurs.
Authority:
AS
					 38.05.020(c)
AS
					 38.35.020(b)