Conservation Tools

The provision granting to the holder a percentage of the proceeds of a timber sale raises several issues —

• It gives rise to the appearance of a conflict of interest since the proceeds from a timber sale may have little relation to the actual costs of reviewing and monitoring the activity. Permitting poor forest management can significantly raise the proceeds from a timber sale, resulting in additional funds going to the holder. The appearance of a conflict of interest can easily have just as deleterious impact as an actual conflict and could easily be avoided by requiring a deposit to escrow and then invoicing for the actual expenses incurred.

*The way the section is worded implies that the holder will directly undertake activities such as insuring reforestation and E & S control/remediation. Those would more appropriately be addressed in the resource management plan and its review and approval and be the responsibility of the owner or timber sale contractor.