Current through Register Vol. 24-18, September 15, 2024
(1) The regulations in this chapter
are promulgated by the commissioner of public lands of the state of
Washington to implement the Forest Products Industry Recovery Act of
1982. Unless provided otherwise herein or unless the context clearly
requires otherwise, the following definitions apply to this chapter
and to the act:
(a) "The act" means
the Forest Products Industry Recovery Act of 1982, which is sections
3 through 9, chapter 222, Laws of 1982.
(b) "ARRF" means the access road
revolving fund referred to in the contract and in
RCW 79.38.050.
(c) "Assignment" means the
assignment of rights or delegation of duties by a purchaser of a sale
or contract to another.
(d) A purchaser "commences
operations" on a sale by engaging in removals on that sale or by
commencing road construction, falling, bucking, or other contract
requirements.
(e) A
timber sale contract or timber sale which was "purchased," "entered
into," or "purchased at auction" in reference to certain dates
specified in sections 4, 5 and 6 of the act refers to the date on
which the public auction was held at which such contract or sale was
offered.
(f) "Default"
means, in reference to a sale, that the purchaser's operating
authority on such sale has expired and on which there are forest
products yet to be removed. Under section 6 of the act, a purchaser
may default a sale by giving notification which specifies that the
purchaser is waiving all its rights to the sale. Upon receipt of the
notification by the department, the purchaser's operating authority
on the sale expires.
(g)
"Department" means the department of natural resources of the state
of Washington.
(h)
"Existing," in reference to a sale, means a sale on which the
operating authority has not expired and on which there are forest
products yet to be removed.
(i) "Expiration date," in reference
to a sale, means the date on which the operating authority expires on
that sale under the terms of the contract.
(j) To "identify" a sale means to
state the name of the sale and its application number.
(k) "Merchantable" forest products
means those forest products included in a sale which are
"merchantable" as that term is used in the contract and does not
include "cull" or "utility" forest products as those terms are
defined in the contract.
(l) "MBF" means thousand board feet
Scribner Scale of forest products.
(m) "MMBF" means million board feet
Scribner Scale of forest products.
(n) The "operating authority" on a
sale refers to the dates stated in the contract during which the
purchaser is to remove the forest products which are the subject of
the sale.
(o) A "partial
cut" sale is one other than a clearcut and on which only part of
existing forest products are designated to be removed.
(p) "Performance security" means
the surety bond, cash bond, savings account assignment, irrevocable
bank letter of credit, or other form of security which insures the
faithful performance by the purchaser of the terms of the
contract.
(q) "Purchaser"
means the purchaser of a sale and any affiliate, subsidiary or parent
company thereof. "Affiliate" means a person, corporation or other
business entity which is allied with or closely connected to another
in a practical business sense, or is controlled or has the power to
control the other or where both are controlled directly or indirectly
by a third person, corporation or other business entity. "Affiliate"
includes a joint venture. "Parent company" shall mean a corporation
which owns at least a majority of shares of another corporation. The
corporation whose shares are so owned is a "subsidiary" of the parent
company.
Purchasers shall be required, upon request of the
department, to produce satisfactory written documentation of the
relationship between any two or more persons, corporations or other
business entities which they or the department claim should be
treated as one purchaser under the provisions of the act.
(r) "Timber sale
contract," "sale contract," "contract," "timber sale," "sale of
timber," and "sale" all mean the sale of and the contract to remove
and pay for forest products which were sold by the department at
auction by voice or sealed bid and which had, at time of auction, a
minimum appraised value of over twenty thousand dollars. The terms
"sale" or "contract" shall be used in these regulations. All of the
foregoing terms are considered to be synonymous as referred to in the
act and these regulations.
(s) "Person" as used in section
5(2) of the act means the business entity which paid extension fees
prior to the effective date of the act.
(t) "Window sale" means a sale
which is referred to in subsection (2) below.
(2)
Window sales.
(a) As referred to in these
regulations and in sections 4, 5 and 6 of the act, sales or contracts
"entered into," "purchased," or "purchased at auction" between
January 1, 1978, and July 1, 1980, means those sales for which the
auction was held after January 1, 1978, and before July 1,
1980.
(b) "Lincoln day
blowdown" sales are those sales identified by the department which
were prepared and sold as a result of damage to the timber caused
primarily by the Lincoln day windstorm which occurred on or about
February 13, 1979. Such term does not include sales sold because of
other reasons or sales sold because timber which was damaged by the
Lincoln day storm was further substantially damaged by later storms
or other causes. The following sales are the only Lincoln day
blowdown sales which were auctioned from July 1, 1980, through
December 31, 1980, on which there are forest products remaining to be
removed:
(i) Lower Wasankari,
Application No. 40694
(ii) Piedmont Blowdown, Application
No. 42799
(iii) Miller
Road Blowdown, Application No. 42817
(iv) 4 Corners Blowdown,
Application No. 43196
(v)
Key Boundary, Application No. 42078
(vi) Peaks Pickens, Application No.
42933
(vii) Three Sisters
Blowdown, Application No. 42493
(viii) Little Boy Blew, Application
No. 42163
(ix) Miller
Pickup Blowdown, Application No. 43474
(x) Shay, Application No.
42133
(3)
Full reservation of
rights. These regulations are being adopted because of the
presumption that enacted laws are valid. However, all existing, past
and future purchasers should be aware that claims have been made that
the act is invalid and that there is a possibility that the act or
portions thereof may be challenged in court, even by the department
or other governmental agency or entity.
Any purchaser who requests relief under the act does
so at its own risk as to the validity of the act and the possibility
of judicial orders or decrees affecting it. The department makes no
warranty of the validity of the act and reserves the right to
immediately terminate, rescind, or otherwise refuse to grant relief
under the act if all or a portion of the act is declared invalid,
whether such court order or decision is obtained by others or itself.
The department further reserves the right to secure all rights,
moneys, charges, damages or claims that it would otherwise have been
entitled to if the act or portions thereof are declared invalid, and
to take such action as may be necessary to secure the
same.
Statutory Authority: 1982 c 222 § 8. 82-14-058
(Order 380), § 332-140-010, filed
7/1/82.