Alaska Administrative Code

(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 w…

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. Notes 11 AAC 71.096 Eff. 6/21/98, Register 146 Authorit…

(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 purchase…

(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 i…

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 b…

(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 …

(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 i…

(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 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 possibl…

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, …

(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 …

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 a…

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…

(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 wa…

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…

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 …

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 …

(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 wi…

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. Notes 11 AAC 71.270 Eff. 7/20/60, Register 1; am 6/24/62, Registe…

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 …

(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, rel…

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 operati…

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 cabi…

(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 are…

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. Notes 11 AAC 71.315 Eff. 7/2/82, Register 83 Authority:AS 38.05.020 AS 38.0…

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. Notes 11 AAC 71.320 Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83 Authority:AS 38.05.020 AS 38…

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 contra…

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…

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…

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 b…

A purchaser under this chapter must fell dead timber concurrently with the purchaser's logging operation unless otherwise specified in the timber sale contract. Notes 11 AAC 71.345 Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83 Authority:AS 38.05.020 AS …

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 i…

(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 …

(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 co…

(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 nom…

(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 …

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. Notes 11 AAC 71.420 Eff. 3/2/78, Register 65; am 7/2/82, Register 83 Author…

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. Notes 11 A…

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 …

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. Notes 11 AAC 71.500 Eff. 2/15/81, Register 77 Authority:AS 38.05.020 …

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). Notes 11 AAC 71.510 Eff. 2/15/81, Register 77 Authority:AS 38.05.020 AS 45.50.230(a) AS…

(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 furn…

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. Notes 11 AAC 71.530 Eff. 2/15/81, Register 77; am 1/1/86, Reg…

(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) u…

Notes 11 AAC 71.550 Repealed 1/1/86. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

When an acceptable application has been received for registration or renewal of brand registration, the brand will be reserved to the applicant. Notes 11 AAC 71.560 Eff. 2/15/81, Register 77 Authority:AS 38.05.020 AS 45.50.315 State regulations are updated quarterly; we currently…

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 …

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. Notes 11 AAC 71.580 Eff. 2/15/81, Register 77 Authority:AS 38.05.020 AS 38.50.315 AS 38.50.320 State regulations are…

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 mai…

Alaska Administrative Code Title 1 - General Provisions Title 2 - Administration Title 3 - Commerce, Community, and Economic Development Title 4 - Education and Early Development Title 5 - Fish and Game Title 6 - Governor's Office Title 7 - Health and Social Services Title 8 - La…