Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-140 - Forest Products Industry Recovery Act of 1982 › Section 332-140-010 - Introduction and general definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The regulations in this chapter
			 are promulgated by the commissioner of public lands of the state of
			 Washington to implement the Forest Products Industry Recovery Act of
			 1982. Unless provided otherwise herein or unless the context clearly
			 requires otherwise, the following definitions apply to this chapter
			 and to the act:
(a) "The act" means
			 the Forest Products Industry Recovery Act of 1982, which is sections
			 3 through 9, chapter 222, Laws of 1982.
(b) "ARRF" means the access road
			 revolving fund referred to in the contract and in
			 RCW 79.38.050.
(c) "Assignment" means the
			 assignment of rights or delegation of duties by a purchaser of a sale
			 or contract to another.
(d) A purchaser "commences
			 operations" on a sale by engaging in removals on that sale or by
			 commencing road construction, falling, bucking, or other contract
			 requirements.
(e) A
			 timber sale contract or timber sale which was "purchased," "entered
			 into," or "purchased at auction" in reference to certain dates
			 specified in sections 4, 5 and 6 of the act refers to the date on
			 which the public auction was held at which such contract or sale was
			 offered.
(f) "Default"
			 means, in reference to a sale, that the purchaser's operating
			 authority on such sale has expired and on which there are forest
			 products yet to be removed. Under section 6 of the act, a purchaser
			 may default a sale by giving notification which specifies that the
			 purchaser is waiving all its rights to the sale. Upon receipt of the
			 notification by the department, the purchaser's operating authority
			 on the sale expires.
(g)
			 "Department" means the department of natural resources of the state
			 of Washington.
(h)
			 "Existing," in reference to a sale, means a sale on which the
			 operating authority has not expired and on which there are forest
			 products yet to be removed.
(i) "Expiration date," in reference
			 to a sale, means the date on which the operating authority expires on
			 that sale under the terms of the contract.
(j) To "identify" a sale means to
			 state the name of the sale and its application number.
(k) "Merchantable" forest products
			 means those forest products included in a sale which are
			 "merchantable" as that term is used in the contract and does not
			 include "cull" or "utility" forest products as those terms are
			 defined in the contract.
(l) "MBF" means thousand board feet
			 Scribner Scale of forest products.
(m) "MMBF" means million board feet
			 Scribner Scale of forest products.
(n) The "operating authority" on a
			 sale refers to the dates stated in the contract during which the
			 purchaser is to remove the forest products which are the subject of
			 the sale.
(o) A "partial
			 cut" sale is one other than a clearcut and on which only part of
			 existing forest products are designated to be removed.
(p) "Performance security" means
			 the surety bond, cash bond, savings account assignment, irrevocable
			 bank letter of credit, or other form of security which insures the
			 faithful performance by the purchaser of the terms of the
			 contract.
(q) "Purchaser"
			 means the purchaser of a sale and any affiliate, subsidiary or parent
			 company thereof. "Affiliate" means a person, corporation or other
			 business entity which is allied with or closely connected to another
			 in a practical business sense, or is controlled or has the power to
			 control the other or where both are controlled directly or indirectly
			 by a third person, corporation or other business entity. "Affiliate"
			 includes a joint venture. "Parent company" shall mean a corporation
			 which owns at least a majority of shares of another corporation. The
			 corporation whose shares are so owned is a "subsidiary" of the parent
			 company.
Purchasers shall be required, upon request of the
				department, to produce satisfactory written documentation of the
				relationship between any two or more persons, corporations or other
				business entities which they or the department claim should be
				treated as one purchaser under the provisions of the act.
(r) "Timber sale
			 contract," "sale contract," "contract," "timber sale," "sale of
			 timber," and "sale" all mean the sale of and the contract to remove
			 and pay for forest products which were sold by the department at
			 auction by voice or sealed bid and which had, at time of auction, a
			 minimum appraised value of over twenty thousand dollars. The terms
			 "sale" or "contract" shall be used in these regulations. All of the
			 foregoing terms are considered to be synonymous as referred to in the
			 act and these regulations.
(s) "Person" as used in section
			 5(2) of the act means the business entity which paid extension fees
			 prior to the effective date of the act.
(t) "Window sale" means a sale
			 which is referred to in subsection (2) below.