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FRPA 101-B Alaska F OREST R ESOURCES & P RACTICES A CT A PPLICABILITY

FRPA 101-B Alaska F OREST R ESOURCES & P RACTICES A CT A PPLICABILITY. Forest Regions. The FRPA standards are tailored to the three main forest regions of the state. AS 41.17.900(20)-(22). Landownership. The FRPA recognizes four classes of forest landowners:

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FRPA 101-B Alaska F OREST R ESOURCES & P RACTICES A CT A PPLICABILITY

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  1. FRPA 101-B Alaska FOREST RESOURCES & PRACTICES ACT APPLICABILITY

  2. Forest Regions The FRPA standards are tailored to the three main forest regions of the state. AS 41.17.900(20)-(22)

  3. Landownership The FRPA recognizes four classes of forest landowners: • State land = all land managed by DNR • Other public land includes land owned or managed by: • Other state agencies; • The Univ. of Alaska; • Boroughs; or • Municipalities. AS 41.17.900(16)

  4. Landownership • Private land includes land owned by: • Individuals; • Alaska Mental Health Trust (11 AAC 99.140) • Native Allotments not managed by the BIA; and • Private or publicly owned: • Corporations including Native corporations; • Partnerships; or • Trusts. 4. Federal Landincludes land managed by: • USFS; • BLM; and • BIA (including Native Allotments).

  5. Federal land and FRPA Under FRPA (AS 41.17.900(b)(1)),resource protection on federal land must meet or exceed • the FRPA riparian standard for other public land under AS 41.17.119 • other FRPA standards for state land. No DPO is required for forest operations on federal land.

  6. Criterion 1: Forest land In all regions the FRPA applies if the harvest operation meets all the following criteria: The operation is on forest land. “Forest land” is defined as: "Land stocked or having been stocked with forest trees of any size and not currently developed for non-forest use, regardless of whether presently available or accessible for commercial purposes...“ 11 AAC 95.190(a)(1), AS 41.17.950(7)

  7. Criterion 2: Commercial timber harvest The forest operation involves any activities leading to, or connected with commercial timber harvest. 11 AAC 95.190(a)(2), .900(11)

  8. Definitions: “Commercial timber harvest” and “commercial timber operation” • In Region I or II: Operations with an annual production > 10 MBF of wood products for sale • In Region III: Operations with an annual production > 30 MBF of wood products for sale (same definition for both terms) 11 AAC 95.900(9). (10)

  9. Commercial timber harvest activities Activities leading to or connected with commercial timber harvest" include, but are not limited to: • Timber Harvesting • Road Construction and maintenance, including roads that are outside the harvest area but connected to the harvest operation • Pre-commercial Thinning • Slash treatment • Site Preparation • Planting. 11 AAC 95.190(a)(2)

  10. Non-MBF sales in Regions II-III The thresholds for applicability in the definitions of “commercial operation” and “commercial timber harvest” use board-foot measurements that don’t match Region II-III harvests that are not focused on sawtimber. Conversion factors in the Implementation Handbook (“purple book”) provide rules of thumb for converting board-foot thresholds into cubic feet, cords, and tonnage.

  11. Criterion 3: Location & size FRPA applies to • a commercial operation that intersects, encompasses, or borders on surface waters or a riparian area, regardless of the size of the operation in all regions; OR • commercial operations that do not adjoin surface waters or riparian areas if they are: >10 acres in Region I ; >40 acres in Region II; or >40 acres in Region III for a single landowner who owns >160 acres.

  12. Definition: “surface waters” "surface waters" means fresh water springs, lakes, or ponds, or a freshwater stream the designated uses of which are protected under 18 AAC 70 (state water quality standards), whether or not they have designated riparian areas under FRPA. 11 AAC 95.900 (84)

  13. Definition: “riparian area” • The areas subject to riparian protection standards in AS 41.17.116(a) and (c)on private land in Regions I and III; • the area 100’ feet from the shore or bank of an anadromous or high value resident fish water body on state land and on other public land in Regions I and III; and • the area 150’ from the shore or bank of a Type II-A or II-B water body, and 100’ from the shore or bank of a Type II-C or II-D water body on all ownerships in Region II. AS 41.17.950(23)

  14. Land Use Conversions • With the exception of Article 1 (Adminstration and Management), FRPA does not apply if a landowner notifies DOF of their intent to convert forest land to another use after harvest. (Notification is required.) • If land use conversion is not in progress 5 years after harvest, FRPA reforestation requirements apply. 11 AAC 95.200

  15. FRPA Does Not Apply • To land conversions where a borough or municipality has granted a plat approval or building permit. 11 AAC 95.200 • Minor, small scale, or incidental commercial operations that do not meet the criteria contained in 11 AAC 95.190. This includes R/W or other clearing where production is limited to the salvage of merchantable timber in accordance with AS 41.17.083 or 11 AAC 95.195 notwithstanding the provisions of 11 AAC 95.190.

  16. FRPA Does Not Apply(con’t) • Operations for primarily non-commercial purposes, including but not limited to personal use. • To federal land with forest resources and BMPs governed by federal standards.

  17. FRPA Does Not Apply(con’t) • To harvest operations on Native Allotments managed by the BIA or tribal contractor; these allotments are operated under the federal guidelines of the BIA Manual for forestry and treated as federal land under FRPA. Note: If an allotment parcel has been removed from trust status, it is treated the same as other private lands under FRPA.

  18. Is the operation on state, other public, or private forest land that is not developed for another use or being converted* to another use? Does the operation involve harvesting, road construction, site prep, PCT, slash treatment, or any other activity leading to or connected with commercial timber harvest? Does it annually produce >10 MBF in Regions I-II or >30 MBF in Region III? YES YES NO YES Is it adjacent to surface waters or in aggregate, is it >10 ac in Region I or >40 acres in Regions II-III FRPA does not apply NO NO FRPA does not apply FRPA does not apply RI: YES NO FRPA Applies FRPA does not apply RII-III: YES Is it in Region II or in III? Where does FRPA apply? RIII RII FRPA does not apply Does the landowner own a total of >160 acres? FRPA Applies NO *A DPO is still required for a land use conversion unless the conversion is already authorized by a borough or municipality (e.g., plat approval or building permit) FRPA Applies YES

  19. Additional information Training notes provide more detailed information on the following topics: Training note • #03-02: FRPA applicability in Region I • #06-01: FRPA applicability • #06-02: Land use conversions • #06-03: FRPA applicability to right-of-way clearing • #06-04: FRPA and Native Allotments • #13-01: FRPA and biomass operations For more information on stream classification, surface waters, and riparian areas, see FRPA 101 modules D and E

  20. Questions?

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