Sec. 38.05.118. Negotiated sales.

334 words·~2 min read·/ak/title-38/chapter-5/38-05-118

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notwithstanding AS 38.05.115 and 38.05.120, and upon a finding that 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. The period of a contract for a sale of timber negotiated under this section may not exceed 25 years. The contract shall provide that the appraised value of timber remaining to be harvested under the provisions of the contract shall be redetermined at least once every five years.

(b)Notice of intent to negotiate a contract authorized by

(a)of this section shall be given in accordance with AS 38.05.945 .

(c)[Repealed, § 4 ch 42 SLA 2016.]

(d)Notwithstanding AS 38.05.115 and

(a)of this section, and upon a written finding that the sale is in the best interest of the state and will promote economic activity in the timber sector or reduce the risk of fire or the spread of disease or insect infestation, the commissioner may negotiate a sale of timber to a local manufacturer of wood products or a user of wood fiber at less than the appraised value. However, while an initial stumpage rate for a contract under this subsection shall be determined by negotiation, the rate may not be less than the base price for the area as established under regulations adopted by the commissioner. A contract under this subsection must provide that a stumpage rate be redetermined by negotiation at least once every five years during the term of the contract to reflect changes in market conditions. The redetermined rate may not be less than the base price for the area as established under regulations adopted by the commissioner.

(e)If more than one local manufacturer of wood products or user of wood fiber expresses interest in the same sale of timber under this section, the commissioner may sell the timber by bid under AS 38.05.120 .