Title 11 . Natural Resources

Chapter 71 . (No Regulations Filed)

Section 910. Definitions

11 AAC 71.910. Definitions

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;

(5) "division" means the division to which the authority of the director of lands has been delegated;

(6) "fair market value" means the highest price described in terms of money, which timber or material would bring if offered for sale for a reasonable time in the open market by a seller willing, but not forced, to sell to a buyer willing, but not forced, to buy, both being fully informed of the purposes for which the timber or material is best adapted or could be used;

(7) "lost timber" means timber property as defined in AS 45.50.232 relating to reporting of lost logs to the department;

(8) "material" includes, but is not limited to, the common varieties of sand, gravel, stone, pumice, pumicite, cinders, clay, topsoil, peat, and sod;

(9) "M.B.M." means 1,000 board foot measure;

(10) "negotiated sale" means a timber sale not exceeding 500 M.B.M. or its equivalent except as authorized under AS 38.05.118 , or a material sale not exceeding 25,000 cubic yards or equivalent measure;

(11) "primary manufacture" means manufacture which is first in order of time or development; the term

(A) when used in relation to a sawmilling operation, means the breakdown process in which logs are reduced in size by a headsaw, gangsaw, or edger to the extent that the residual cants, slabs or planks do not exceed a nominal eight and three-quarters inches in thickness;

(B) when used in relation to a pulp operation, means the breakdown process to the point at which wood fibers have been separated;

(C) when used in relation to an operation for veneer for plywood production, it means the production of green veneer;

(D) when used in relation to poles or piling, whether treated or untreated, means manufacture for the purpose of use as poles or piling; and

(E) when used in relation to timber processing wastes, means manufacture into chips;

(12) "public auction" has the meaning provided in (1) of this section for "competitive sale";

(13) "purchaser" means a person who has purchased timber or material and has entered into a contract under this chapter;

(14) "sale" means the transfer of title to timber or material from the state to the purchaser for consideration;

(15) "sale area" means the land area on which the designated timber or material of the sale is located; "sale area" includes roads or other transportation facilities necessary for the removal of the timber or material.

(16) "scaling" means the determination of log volume by measuring, sample measuring, linear measuring, counting, or weighing or by another method acceptable to the director;

(17) "timber" means a tree, log, pole, bolt, or other wood product;

(18) "timber processing wastes" means timber, mill residue, logging residue, or other timber processing products not presently being used or in demand for higher-value products;

(19) "unbranded or abandoned timber property" has the meaning provided in AS 45.50.230 (a)(3) and 45.50.235.

History: Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83; am 2/8/2001, Register 157

Authority: AS 38.05.020

AS 38.05.115

AS 38.05.120