| | | (i) Use of the land for multiple public | | recreation activities; |
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| | | (ii) Statutory or governmental restrictions | | that prevent commercial harvesting of trees | | or require a primary use of the land other | | than commercial harvesting; |
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| | | (iii) Deed restrictions, restrictive | | covenants or organizational charters that | | prevent commercial harvesting of trees or | | require a primary use of land other than | | commercial harvesting and that were effective | | prior to January 1, 1982; or |
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| | | (iv) Past or present multiple use for | | mineral exploration. |
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| | | (c) "Forest products that have commercial value" | | means logs, pulpwood, veneer, bolt wood, wood | | chips, stud wood, poles, pilings, biomass, fuel | | wood, Christmas trees, maple syrup, nursery | | products used for ornamental purposes, wreaths, | | bough material or cones or other seed products. |
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| | | (d) "Sustainably managed" means: |
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| | | (i) A forest management and harvest plan, as | | defined in section 573, subsection 3-A, has | | been prepared for the eligible timberlands | | and has been in effect for the entire time | | period used to compute the amount of the | | subtraction modification under this | | paragraph; and |
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| | | (ii) The taxpayer has received a written | | statement from a licensed forester certifying | | that, as of the time of the sale, the | | eligible timberlands have been managed in | | accordance with the plan under subdivision | | (i) during that period. |
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| | | (2) To the extent included in the taxpayer's taxable | | income under the laws of the United States, the taxable | | income of the taxpayer under the laws of the United | | States must be decreased by: |
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| | | (a) For eligible timberlands held by the taxpayer for at least a | | 10-year period beginning on or after January 1, 2005 but less | | than an 11-year |
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