Title of Rule: New chapter in Title 222 WAC: Chapter 222-21 WAC, Small forest landowner forestry riparian easement program.
Purpose: To establish the small forest landowner office in the Department of Natural Resources and administer the forest riparian easement program.
Statutory Authority for Adoption: Chapter 34.05 RCW, RCW 34.05.090, 76.09.040, [76.09.]050, [76.09.]055, 76.13.110, [76.13.]120.
Statute Being Implemented: Chapters 76.09, 76.13 RCW, RCW 76.46.300.
Summary: The legislature has authorized the board to adopt rules to implement the forestry riparian easement program, RCW 76.13.120(9). This chapter is being added to the board's emergency rules published under WSR 00-06-036. New sections WAC 222-21-005 Policy, 222-21-010 Definitions, 222-21-020 Criteria for accepting riparian easement, 222-21-030 Document standards, 222-21-035 Description of easement, 222-21-040 Timber cruises, 222-21-045 Valuation, 222-21-050 Payment of compensation, 222-21-060 Commercially reasonable harvest, 222-21-065 Uneconomic to harvest, 222-21-070 Blowdown and salvage, 222-21-080 Eminent domain and 222-21-090 Internal department of natural resources review of small forest landowner office compensation decisions; and amendatory sections WAC 222-12-020 Regulation sections and 222-12-090 Forest practices board manual.
Reasons Supporting Proposal: The legislature has found that the state should acquire easements along riparian and other sensitive aquatic areas from small forest landowners wiling to sell or donate such easements to the state (RCW 76.13.120(1)).
Name of Agency Personnel Responsible for Drafting: Judith Holter, 1111 Washington Street S.E., Olympia, WA 98504-7012, (360) 902-1412; Implementation and Enforcement: Catherine Elliott, 1111 Washington Street S.E., Olympia, WA 98504-7012, (360) 902-1041.
Name of Proponent: Forest Practices Board, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules implement those portions of the Salmon Recovery Act (ESHB 2091) pertaining to small forest landowners. The rules establish the forestry riparian easement program, as outlined in the statute. They also include the official easement document form to be executed between the department and the landowner.
The Anticipated Effects for These Rules: The rules provide standards and methods for these landowners to receive partial compensation, subject to available funding, for trees they are required to leave in riparian areas.
Proposal Changes the Following Existing Rules: A new chapter is added to Title 222 WAC that includes a policy statement of legislative intent, definitions, easement criteria and standards, timber cruises and valuation of timber, and other standards for the program. Two existing sections are amended to explain the organization of the rules and to identify guidelines for implementing the program. The guidelines will be provided in a new section of the forest practices board manual.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required per RCW 76.09.055(2).
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not required per RCW 76.09.055(2).
Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on May 9, 2000, at 3 p.m.
Assistance for Persons with Disabilities: Contact Forest Practices Board Secretary, (360) 902-1413, by May 1, 2000, TTY (360) 902-1125.
Submit Written Comments to: Judith Holter, Department of Natural Resources, Forest Practices Division, fax (360) 902-1789, by May 9, 2000, at 5 p.m.
Date of Intended Adoption: May 10, 2000.
April 3, 2000
AMENDATORY SECTION(Amending WSR 94-01-134, filed 12/20/93, effective 1/1/94)
These regulations are organized as follows:
|Chapter 222-08 WAC||Practices and procedures.|
|Chapter 222-10 WAC||State Environmental Policy Act Guidelines.|
|Chapter 222-12 WAC||Policy and organization.|
|Chapter 222-16 WAC||Definitions.|
|Chapter 222-20 WAC||Application and notification procedures.|
|Chapter 222-21 WAC||Small forest landowner forestry riparian easement program.|
|Chapter 222-22 WAC||Watershed analysis.|
|Chapter 222-24 WAC||Road construction and maintenance.|
|Chapter 222-30 WAC||Timber harvesting.|
|Chapter 222-34 WAC||Reforestation.|
|Chapter 222-38 WAC||Forest chemicals.|
|Chapter 222-42 WAC||Supplemental directives.|
|Chapter 222-46 WAC||Consultation and enforcement.|
|Chapter 222-50 WAC||Relationship to other laws and regulations.|
[Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-12-020, filed 12/20/93, effective 1/1/94. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 93-12-001, § 222-12-020, filed 5/19/93, effective 6/19/93; Order 263, § 222-12-020, filed 6/16/76.]
AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97, effective 1/3/98)
Forest practices board manual.
When approved by the board the manual serves as an advisory technical supplement to these forest practices regulations. The department, in cooperation with the departments of fish and wildlife, agriculture, ecology, and such other agencies, affected Indian tribes, or interested parties as may have appropriate expertise, is directed to prepare, and submit to the board for approval, revisions to the forest practices board manual. The manual shall include:
(1) Method for determination of adequate shade requirements on streams needed for use with WAC 222-30-040.
(2) The standard methods for measuring ((
stream gradient and flow which are used in the water typing
criteria WAC 222-16-030)) physical parameters of streams and
channel migration zones.
A chart for establishing recommended permanent culvert
sizes and associated data.)) Guidelines for forest roads.
(4) Guidelines for clearing slash and debris from Type 4 and 5 Waters.
(5) Guidelines for landing location and construction.
(6) Guidelines for determining acceptable stocking levels.
(7) Guidelines for ((
calculating average widths of))
riparian management zones.
(8) Guidelines for wetland delineation.
(9) Guidelines for wetland replacement or substitution.
(10) A list of nonnative wetland plant species.
(11) The standard methodology, which shall specify the quantitative methods, indices of resource conditions, and definitions, for conducting watershed analysis under chapter 222-22 WAC. The department, in consultation with Timber/Fish/Wildlife's Cooperative Monitoring, Evaluation and Research Committee (CMER), may make minor modifications to the version of the standard methodology approved by the board. Substantial amendments to the standard methodology requires approval by the board.
(12) Guidelines for forest chemicals.
(a) A list of special concerns related to aerial application of pesticides developed under WAC 222-16-070(3).
(b) Guidelines for aerial applications of pesticides and other forest chemicals under chapter 222-38 WAC.
(13) Guidelines for determining fish use for the purpose of typing waters under WAC 222-16-030.
(14) Survey protocol for marbled murrelets. The Pacific seabird survey protocol in effect March 1, 1997, shall be used when surveying for marbled murrelets in a stand. Surveys conducted before the effective date of this rule are valid if they were conducted in substantial compliance with generally accepted survey protocols in effect at the beginning of the season in which they were conducted.
(15) The department shall, in consultation with the department of fish and wildlife, develop platform protocols for use by applicants in estimating the number of platforms, and by the department in reviewing and classifying forest practices under WAC 222-16-050. These protocols shall include:
(a) A sampling method to determine platforms per acre in the field;
(b) A method to predict the number of platforms per acre based on information measurable from typical forest inventories. The method shall be derived from regression models or other accepted statistical methodology, and incorporate the best available data; and
(c) Other methods determined to be reliable by the department, in consultation with the department of fish and wildlife.
(16) Guidelines for evaluating potentially unstable slopes and landforms.
(17) Guidelines for the small forest landowner forestry riparian easement program.
[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-12-090, filed 12/3/97, effective 1/3/98; 97-15-105, § 222-12-090, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-113, § 222-12-090, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 76.09.040. 88-19-112 (Order 551, Resolution No. 88-1), § 222-12-090, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), § 222-12-090, filed 11/16/87, effective 1/1/88. Statutory Authority: RCW 76.09.040 and 76.09.050. 82-16-077 (Resolution No. 82-1), § 222-12-090, filed 8/3/82, effective 10/1/82; Order 263, § 222-12-090, filed 6/16/76.]
SMALL FOREST LANDOWNER FORESTRY RIPARIAN EASEMENT PROGRAM
The legislature has found that further reduction in harvestable timber owned by small forest landowners as a result of the rules adopted under RCW 76.09.055 or 76.09.370 will further erode small landowners' economic viability and willingness or ability to keep the lands in forestry use and, therefore, reduce the amount of habitat available for salmon recovery and conservation of other aquatic resources. The legislature addressed these concerns by establishing a forestry riparian easement program to acquire easements from small forest landowners along riparian and other areas of value to the state for protection of aquatic resources.
The following definitions apply to this chapter:
(1) "Commercially reasonable harvest unit" means a harvest area that meets the requirements of WAC 222-21-060.
(2) "Completion of harvest" means that the trees have been harvested from an area under an approved forest practices application and that further entry into that area by any type of logging or slash treating equipment or method is not expected.
(3) "Danger tree" means any tree reasonably perceived to pose an imminent danger to life or improved property.
(4) "Easement premises" means the geographic area designated in a forestry riparian easement, including the areas in which qualifying timber is located. Easement premises may be categorized as follows:
(a) Riparian area easement premises means riparian areas and areas upon which qualifying timber associated with riparian areas are located.
(b) Other easement premises means areas of land required to be left unharvested under rules adopted under RCW 76.09.055 or 76.09.370 including areas upon which other qualifying timber outside riparian areas is located and areas of land upon which uneconomic qualifying timber is located.
(5) "Forestry riparian easement" means an easement covering qualifying timber granted voluntarily to the state by a small forest landowner.
(6) "High impact regulatory threshold" means the threshold where the value of qualifying timber is greater than 26% (for timber in Western Washington) or 17% (for timber in Eastern Washington) of the value of the harvest under the approved forest practices application covering the qualifying timber. This threshold will be revised after preparation of the final small business economic impact statement (SBEIS) prepared under chapter 19.85 RCW.
(7) "Qualifying timber" means those trees covered by a forest practices application that the small forest landowner is required to leave unharvested under rules adopted under RCW 76.09.055 or 76.09.370 or that are made uneconomic to harvest by those rules, and for which the small forest landowner is willing to grant the state a forestry riparian easement. Qualifying timber is timber within or bordering a commercially reasonable harvest unit. Qualifying timber is categorized as follows:
(a) Permanent qualifying timber includes trees that shall not be harvested or damaged or removed from the easement premises during the term of the easement.
(i) Where permanent qualifying timber is in areas in which no harvest may take place, the easement shall describe the boundaries of the areas. No harvest of any tree within this area shall take place during the term of the easement.
(ii) Where permanent qualifying timber is located in areas in which selective harvest may take place, the permanent qualifying timber must be permanently tagged.
(b) Reserve qualifying timber includes trees that may be harvested and removed but only in compliance with the terms of the easement. Reserve qualifying timber shall be identified separately from the permanent qualifying timber.
(c) Replacement qualifying timber includes trees which, in the future, will be substituted for the reserve qualifying timber before the reserve qualifying timber may be harvested or removed from the property. Replacement qualifying timber will be selected from time to time pursuant to the provisions of the easement and will be subject to the terms and protections of the easement.
(d) Uneconomic qualifying timber includes trees made uneconomical to harvest. The trees are considered permanent qualifying timber and may not be harvested or otherwise damaged during the term of the easement.
(e) Other qualifying timber outside riparian areas includes trees that may not be harvested under forest practices rules adopted under RCW 76.09.055 or 76.09.370 for reasons other than protection of riparian functions. It includes without limitation trees that are unharvestable because of public safety concerns. The trees are considered permanent qualifying timber and may not be harvested or otherwise damaged during the term of the easement.
(8) "Riparian areas" include the areas designated in a forestry riparian easement. Riparian areas include without limitation all riparian and other special management zones required by the forest practices rules for protection of aquatic resources and includes associated qualifying timber.
(9) "Riparian function" includes without limitation bank stability, recruitment of woody debris, leaf litter fall, nutrients, sediment filtering, shade, and other riparian features important to both riparian forest and aquatic systems conditions.
(10) "Small forest landowner" means a forest landowner meeting all of the characteristics in (a) of this subsection unless any of the exceptions in (b) of this subsection are met.
(a) As of the date a forest practices application is received for which the forestry riparian easement is associated, the forest landowner:
(i) Is an individual, partnership, corporate, or other nongovernmental legal entity. If a landowner grants timber rights to another entity for less than five years, the landowner may still qualify as a small forest landowner under this section;
(ii) Has a fee interest in the land and timber or has rights to harvest the timber to be included in the forestry riparian easement that extend at least fifty years from the date the forest practices application associated with the easement is received;
(iii) Has harvested from its own lands in this state during the three years prior to the year of application an average timber volume that would qualify the forest landowner as a small timber harvester under RCW 84.33.073(1); and
(iv) Certifies at the time the forest practices application is received that it does not expect to harvest from its own lands more than the volume allowed by RCW 84.33.073(1) during the ten years following receipt of the application.
(b) At the time the forest practices application is received, a forest landowner whose prior three-year average harvest exceeds the limit of RCW 84.33.073(1), or who expects to exceed this limit during the ten years following receipt of the forest practices application, may still qualify as a small forest landowner if that landowner establishes to the small forest landowner office's reasonable satisfaction that the harvest limits were or will be exceeded to raise funds to pay estate taxes or equally compelling and unexpected obligations such as court-ordered judgments or extraordinary medical expenses. (Note: The small forest landowner office will establish a board manual governing these exceptions.)
(11) "Small forest landowner office" is an office within the department described in RCW 76.13.110.
(12) "Uneconomic to harvest" means that a harvest area meets the requirements of WAC 222-21-065.
(1) All of the following criteria must be met before the small forest landowner office may acquire a forestry riparian easement:
(a) The easements must include qualifying timber within riparian areas and may include other qualifying timber;
(b) The small forest landowner must be willing to sell or donate such easements to the state;
(c) The small forest landowner has a final, approved forest practices application including qualifying timber on the easement premises;
(d) The small forest landowner office has received an application for a forestry riparian easement;
(e) The small forest landowner has provided a litigation guarantee or similar report from a title company for the property;
(f) Acceptable documents necessary for creation of the easement have been prepared; and
(g) The easement is not subject to unacceptable liabilities in subsection (3) of this section.
(2) Where more than one person has an interest in property to be covered by a forestry riparian easement, all persons holding rights to control or affect the easement premises, qualifying timber, and the riparian functions provided by the qualifying timber during the term of the easement must execute the easement documents or otherwise subordinate their interest to the easement interest being acquired by the state. This includes tenants in common, joint tenants, holder of reversionary interests, lien holders, and mortgages.
(3) Unacceptable liabilities for the state include, but are not limited to, the following:
(a) Potential liability exposure due to the presence of hazardous substances;
(b) Where the department does not have satisfactory access to the easement premises;
(c) Existing uses of the property that may jeopardize the protection of the easement premises, qualifying timber, and riparian functions;
(d) Any other liability where the liability may jeopardize the protection of the easement premises, qualifying timber, and its riparian functions.
(1) Riparian easement. The riparian easement document must be substantially in the following form, but may be modified by the small forest landowner office wherever necessary to accomplish the purposes of RCW 76.13.120.
(This version assumes ownership of land and trees)
(2) Forestry riparian easement application. The following items are required for a complete forestry riparian easement application:
(a) A certification by the small forest landowner that he or she meets the qualifications of a small forest landowner;
(b) The small forest landowners' timber tax identification number and permission to access harvest information at the department of revenue;
(c) All forest practices application numbers for the commercially reasonable harvest units and the associated qualifying timber on the property;
(d) The dates and areas of all planned future harvest entries on the easement premises;
(e) A preliminary litigation guarantee or similar report from a title company for the tax parcels that contain the easement premises;
(f) A description of past and current uses of the easement premises;
(g) Any information not specifically listed that the small forest landowner office needs to evaluate the easement and eligibility of the small forest landowner.
(3) Baseline documentation. The baseline documentation must describe the features and current uses on the easement premises and the qualifying timber. The information provided by the small forest landowner in subsection (2) of this section is considered part of the baseline documentation. In addition, the department will provide documentation that includes, but is not limited to:
(a) Cruise information consistent with the standards and methods in WAC 222-21-040;
(b) An assessment to determine site condition and potential liabilities associated with the proposed riparian easement (see the board manual on procedures for conducting assessment); and
(c) A description of the easement consistent with WAC 222-21-035.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Description of easement.
The easement premises and qualifying timber must be described as follows:
(1) Range, township, section, and parcel number;
(2) Forest practice base map of proposed harvest, other forest practice activities and easement;
(3) 1:400 map of the easement premises indexed either to 1 legal land survey point or 2 geopositional system points; and
(4) Traverse of the easement premises tied to subsection (3) of this section. (See the board manual for standards of traverse.)
(1) This section is designed to establish methods and standards for cruises of qualifying timber for the proposed forestry riparian easements for purposes of establishing the compensation. It applies only to the department, small forest landowners, and the small forest landowner office in connection with the forestry riparian easement program.
(2) The following standards will be used for the timber cruises:
(a) The purpose of the timber cruise is to determine the volume by species and grade sufficient to value the qualifying timber.
(b) Additional trees left voluntarily by the small forest landowner may be noted, but are not included in the cruise volume.
(c) The cruise method will be a 100 percent inventory of qualifying timber on the proposed easement premises. The inventory will include species, diameter class, grade, and any other information necessary to determine valuation of the easement. (See the board manual for specific cruise standards.)
(d) A sampling cruise method may be used for easement premises under certain circumstances. (See the board manual for standards for sampling cruise method.)
(1) This section is designed to establish methods and standards for valuation of forestry riparian easements for purposes of establishing the compensation. It applies only to the department, small forest landowners, and the small forest landowner office in connection with the forestry riparian easement program.
(2) The small forest landowner office will calculate the fair market value of the forestry riparian easement as of the date of receipt of the forest practices application associated with the qualifying timber. Data obtained or maintained by the department of revenue under RCW 84.33.074 and 84.33.091 will be used and adjusted to the date of receipt of the forest practices application associated with the qualifying timber. The small forest landowner must indicate whether valuation will be calculated using method (a) or (b) below. In either, the time adjustment index will be based on log price changes. The small forest landowner office will determine the specific log species and/or sorts and the log price reporting service to use after consultation with the small forest landowner advisory committee established under RCW 76.13.110(4) and the department of revenue. The small forest landowner office will generate an index monthly that reflects the time adjustments using information and data obtained from the department of revenue.
(a) Tax reporting and stumpage value determination table. The small forest landowner office will use the department of revenue stumpage value tables to determine stumpage value and the time adjustment index to adjust the values forward to the date of receipt of the forest practices application. The landowner must provide the small forest landowner office with:
(i) The reference for the applicable tax reporting stumpage value table and any other needed information for use of the table (see the board manual for details) or the report for the harvest from the department of revenue; and
(ii) Any information the small forest landowner would like the department to consider in its cruise of the qualifying timber.
(b) Small harvester tax return. The landowner must provide mill or buyer information to the department on the sale breakdown. This includes:
(i) The volume and scaling bureau log grades of each species harvested;
(ii) The amount received for each species; and
(iii) The actual harvesting and marketing costs as defined in the department of revenue small harvester instructions.
The price received for the timber is adjusted to the date of receipt of the forest practices application using the time adjustment index. The value of the qualifying timber is determined by adjusting the price for the average logging cost determined from the department of revenue small harvester forest excise tax return. A residual value approach is used to determine the value of species in the easement which are not present in the harvest area. The initial log prices are based on the price report that corresponds to the date of the forest practices application.
(3) Reduced valuation.
(a) For an easement that allows one or more harvests of qualifying timber during the term of the easement, a reduced valuation rate will be applied to the values obtained using either method in subsection (2) of this section. The reduced rate adjusts the values for reserve and replacement qualifying timber. The rate is based on the proportionate economic value lost to the small forest landowner from the regulatory requirements and adjusted for future harvest options during the term of the easement.
(b) The value of the qualifying timber that may be harvested during the term of the easement will be reduced based on the following formula:
|Reduced valuation rate =||1 -||1|
|l||--||is the rate of return on 30 year treasury bills, as reported by the Federal Reserve Statistical Release H15 less the rate of increase in the Consumer Price Index for all Urban Consumers as published by the U.S. Department of Labor Bureau of Labor Statistics for the previous 12 months less the anticipated rate of growth expected on the portion of the easement subject to reentry, but not less than zero or greater than 6 percent.|
|N||--||is the number of years when the landowner is scheduled to re-enter the property.|
(c) The reduced rate will not be applied to the department of revenue tax data values if the landowner does not intend to re-enter the easement area during the length of the 50 year easement.
(d) The small forest landowner advisory committee will review the option for multiple payments during the permanent rule process.
(1) The compensation offered to the small forest landowner will be 50% of the fair market value of the qualifying timber established under the process described in WAC 222-21-045, subject to the following exceptions:
(a) If the high impact regulatory threshold is exceeded for an area covered by an approved forest practices application, then the compensation offered will be increased to 100% for the value of the qualifying timber where the high impact regulatory threshold is exceeded. Use the following calculation:
|Compensation for easement = (HIE% * V) + (((100% -HIE%) / 2) * V)|
|HIE = Vq / TV * 100 -t;|
|TV = Vq + Vh;|
|Vq = value of qualifying timber;|
|Vh = value of harvested timber; and|
|t = high impact regulatory threshold.|
(b) All compensation is subject to available funding.
(2) If funding is not available, the small forest landowner office will maintain a priority list for compensation based on the date of receipt of forest practices applications covered by forestry riparian easement applications.
(3) The small forest landowner office will send the small forest landowner a notice of compensation decision within 60 days of completion of the timber cruise.
(4) Compensation will not be paid until:
(a) The department has documented completion of harvest;
(b) The department has verified that there has been compliance with the rules requiring leave trees in the easement area;
(c) Any dispute over the amount of compensation or eligibility or other matter involving the forestry riparian easement has been resolved; and
(d) The forestry riparian easement has been executed and delivered to the department.
The small forest landowner office will use the following criteria to determine if an area covered by a forest practices application involves a commercially reasonable harvest. The proposed harvest must meet all of the following requirements:
(1) The harvest unit includes or borders a riparian area;
(2) The application is for a Class III or Class IV Special forest practice or a Class II that is a renewal of a Class III or Class IV Special;
(3) The harvest is not a Class IV General conversion or covered by a conversion option harvest plan;
(4) The landowner is not eligible for the 20 acre exemption under WAC 222-30-023;
(5) The value of the timber in the harvest unit, excluding qualifying timber, is equal to or exceeds the minimum required by department of revenue for taxing purposes ($1000); and
(6) The taxable harvest equals or exceeds the value of the qualifying timber established under WAC 222-21-045, unless otherwise approved by the small forest landowner office. (See the board manual.)
The small forest landowner office will use the following criteria to determine whether timber is qualifying timber because it is rendered uneconomic to harvest by rules adopted under RCW 76.09.055 or 76.09.370:
(1) The timber could have been included in a commercially reasonable harvest unit by the small forest landowner if there were no additional requirements imposed by rules adopted under RCW 76.09.055 or 76.09.370.
(2) The area is not reasonably accessible because of requirements imposed by rules adopted under RCW 76.09.055 or 76.09.370.
(3) The unit must have no reasonable unit size alternative which if used would make the area economical to harvest.
(4) The cost to access the harvest unit plus the cost to harvest must equal or exceed 35% of the stumpage value in the portion of the unit considered to be uneconomic. The small forest landowner office will determine costs and values consistent with WAC 222-21-045. Costs include harvest, construction of nonpermanent roads and/or water crossing structures, and associated expenses.
After execution of a forestry riparian easement, qualifying timber may not be salvaged, including removal of blowdown, without prior written permission from the department. Prior to removal, the small forest landowner office and the small forest landowner must negotiate the terms of removal and reimbursement to the state, if any. Qualifying timber that blows down off the easement premises that presents a nuisance may be moved back onto the easement premises without permission from the department.
If a forestry riparian easement is taken, in whole or in part, by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, the department and the small forest landowner will share any compensation based on the then present value of parties' relative interests in the qualifying timber. The state's proportional share will be calculated based on the following formula:
|State's share =||1 -||1|
|l -- is the rate of return on 30 year treasury bills, as reported by the Federal Reserve Statistical Release H15 less the rate of increase in the Consumer Price Index for all Urban Consumers as published by the U.S. Department of Labor Bureau of Labor Statistics for the previous 12 months, but not less than zero or greater than 6 percent;|
|R -- is the number of years remaining on the easement.|
Within 30 days after the date of the notice of compensation decision, the small forest landowner may submit a written request for review to the supervisor of the department or his or her designee. The request for review must identify the issue being raised and provide any supporting documentation. The supervisor will issue a written response within 30 days.