(1) Under the direction of the board, the department may offer and provide a timber conservation license in lieu of the sale and harvesting of the timber to any person under all of the following conditions:
- (a) During the environmental review process required by Title 75, chapter 1, for a proposed timber sale, an interested person shall provide to the department a written request that the department defer the sale or a specific portion of the sale and that a timber conservation license for the sale or portion of the sale be authorized.
- (b) Upon receipt of a written request, the department shall prepare and recommend the timber sale for consideration by the board, using the alternatives of the sale with and the sale without a timber conservation license provision.
- (c) The department shall solicit bids simultaneously for each alternative authorized by this section to ensure that the full, fair market value is secured for the beneficiaries.
- (d) The successful purchaser of a timber conservation license is required to furnish a bond, as required by 77-5-202, to ensure the terms of the contract for a timber conservation license.
- (e) The successful purchaser of a timber conservation license is required to pay the fees for forest improvement, as required by 77-5-204, that are included in the terms of the sale bid and applicable to the issuance of a timber conservation license.
- (2) If a request for the timber sale analysis and authorization of a timber conservation license is not submitted to the department prior to the completion of the environmental review process for the sale, as required by Title 75, chapter 1, a timber conservation license may not be authorized.
History: En. Sec. 1, Ch. 224, L. 1999.