11 AAC 71.045 - Negotiated sales

(a) A purchaser may enter into more than one negotiated timber or material sale contract with the division, so long as the total amount purchased within any 12-month period does not exceed the negotiated timber or material sale limits set by AS 38.05.115. The negotiated timber sale limit set by AS 38.05.115 does not apply to timber acquired under a log salvage license under 11 AAC 71.400 - 11 AAC 71.435.

(b) Notwithstanding the provisions of (a) of this section, the division will not enter into a negotiated sale contract with a person to whom the division has previously sold timber or material if the director determines that the contract will unfairly exclude from participation in the sale of timber or material other interested persons to whom the division has not previously sold timber or material.

(c) The minimum price for a negotiated timber sale is the base price established by the director under 11 AAC 71.092.

(d) The director will establish a minimum deposit for a negotiated sale of more than 10 M.B.M. of timber or 200 cubic yards of material, which the purchaser must make at the time the sale contract is entered into. For a timber sale contract, the director will require a deposit of at least five percent of the negotiated price and may require as much as 100 percent. For a negotiated material sale contract, the director will require a deposit of at least ten percent of the negotiated price or $250, whichever is more. The department will retain the deposit to cover administrative costs incurred in offering the negotiated material sale, except that if the purchaser removes and pays for at least 75 percent of the material volume covered by the contract, the deposit may be applied, in whole or in part, to the final payment that becomes due under the contract. A purchaser may make a deposit under this section in cash or by certified check, cashier's check, or money order.

(e) A negotiated timber sale under AS 38.05.115, is for a period of time that may not exceed two years. The division will not grant an extension of time under this subsection.

Notes

11 AAC 71.045

Eff. 7/2/82, Register 83; am 8/23/87, Register 103; am 8/16/89, Register 111; am 8/6/94, Register 131; am 6/21/98, Register 146; am 2/8/2001, Register 157; am 6/29/2018,Register 226, July 2018

Authority:AS 38.05.020

AS 38.05.115

AS 38.05.120

AS 38.05.850

AS 38.05.860

AS 38.35.020