2 CCR 409-1 State Forest Lands

• Library: Colorado Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 46, No. 24, December 25, 2023
• Citation: 2 CCR 409-1
• Year: 2023

1.1.0 SALE AND OTHER DISPOSITION OF FOREST PRODUCTS FROM STATE LANDS

These rules and regulations are promulgated pursuant to the authority conferred upon the State Board of Land Commissioners in sections 36undefined36-7-104 and 36undefined36-7-201, C.R.S. (1973), and in accordance with section 24undefined24-4-103, C.R.S. (1988).

1.1.1 Definitions

(a) "Board" means the Colorado State Board of Land Commissioners.

(b) "State lands" means all lands under the jurisdiction of the Board.

(c) "Applicant" means any person or persons firm, association, corporation or governmental entity who files an "Application for Forest Products Sale" from state lands.

(d) "Forest products" includes, but is not limited to, logs, house logs, posts, poles, rails, Christmas trees, fuel wood transplants, boughs, nuts and cones.

(e) "Permit sale" means a forest product sale having a total value of less than five thousand dollars. ($5,000).

(f) "Bid sale" means a forest product sale having a total value equal to or greater than five thousand dollars ($5,000).

(g) "Qualified Bidder" means any person or persons, firm, association, corporation or governmental entity who is able to fulfill the terms and conditions contained in the bid advertisement.

(h) "Forest Products Permit of Authority" means a license or contract of sale issued by the State Board of Land Commissioners, or its agent, to a successful bidder or applicant for the harvesting of forest products on state lands.

(i) "Agent" means the person or persons firm, association, corporation or governmental entity who is authorized by the State Board of Land Commissioners to manage the forest resources on state lands and to initiate, conduct, transact or otherwise manage forest product sales on behalf of the State Board of Land Commissioners in accordance with these regulations.

(j) "Surface lessee" means the person or persons, firm, association, corporation or governmental entity whose name appears of record in the office of the State Board of Land Commissioners as having an interest in or right to use the surface of the state land.

(k) "Forest Management Plan" means a multi-year master planning document prepared for state land which establishes the planning context within which annual Forest Work Plans are developed and approved.

(l) "Forest Work Plan" is an annual set of specific projects by which the Board implements its Forest Management Plan.

(m) "Parcel" generally means each undivided area of contiguous state land. Parcels may vary greatly in size. Two or more otherwise distinct parcels may be treated as one parcel under these regulations if the parcels are close in proximity and physical characteristics.

1.1.2 Forest Management Plans

The Board or, at the direction of the Board, its agent, shall prepare Forest Management Plans which shall establish the management of the forest resources on state lands. Forest Management Plans shall be prepared for each parcel of state land prior to the implementation of the initial management practice or sale of forest products effecting that parcel. The Board may, at its discretion, direct that revisions be made to any Forest Management Plan The Forest Management Plan shall utilize forest management practices approved by the Board, consistent with long-term protection of forest resources. All Forest Management Plans prepared by the Board's agent must be approved by the Board prior to their implementation.

(a) Forest Management Planning and Recommendations: Each Forest Management Plan shall (i) recommend the management practices of the state forest resources; (ii) establish goals with respect to managing state forested lands for the production of timber, and the control of insects, disease, fire, and noxious weeds; (iii) complete and display inventory data for each region; (iv) provide an estimated cost breakdown of and anticipated returns from the implementation of management goals for each region; and (v) include a statement of the impact of any previous timber harvests on revegetation efforts, maintenance of the species diversity, preservation of old growth where revegetation will not occur, and protection of unique or special biological and ecological features;

(b) All recommendations in the Forest Management Plan for forest products sales shall include: (i) the basis for the recommendation for the forest products sale; (ii) a legal description of the state land proposed for harvesting; (iii) the type and an estimate of the amount of the forest product to be harvested; (iv) the proposed silvicultural methods required for harvesting the timber; (v) the proposed silvicultural methods required to be imposed on the forest products harvest as appropriate, including road construction and maintenance, slash disposal, and reclamation of the state land; (vi) a reference to the treatment and mitigation options, the impact of timbering on soil and water conditions and areas for selective cutting and sensitive areas; and (vii) a statement of the impact of the sale of forest products on the other multiple uses of the forest including recreation, wildlife and fisheries, livestock grazing and mineral development.

1.1.3 Forest Work Plan

The Board, or at the direction of the Board, its agent shall annually prepare a statewide Forest Work Plan which shall establish the implementation of the appropriate management goals as set forth in the Forest Management Plans for the following year.

The Board may revise the Forest Work Plans at any time as it deems necessary. All Forest Work Plans prepared by the Board's agent must be approved by the Board prior to their implementation.

Each Forest Work Plan shall list for each proposed practice:

(a) a legal description of the state land subject to the practice;

(b) the practice to be implemented;

(c) the size of the land area on which the implementation will occur;

(d) the type and volume of forest product to be harvested;

(e) the estimated cost, return, or other benefit of implementation; and

(f) the estimated duration of the practice.

1.1.4 Sale of Forest Products

The Board may sell forest products from state lands, at any time, to secure the maximum possible amount therefrom or to ensure the protection of the forest resources in accordance with these regulations, approved forest management practices and the Forest Management Plan.

1.1.5 Application for Forest Products Sale

(a) The Board, or at the Board's direction, its agent, may initiate a forest product sale either with or without an Application for Forest Product Sale.

(b) All Applications for Forest Product Sales from state land must be made on forms furnished by the Board or its agent, and completed in full. Any false or willfully incomplete statement will be considered as fraud, deceit, or misrepresentation and will be cause for the rejection of such application or revocation of any subsequent Permit of Authority.

(c) All applications for a forest...