AK
Alaska House Bill HB125

Alaska 2023-2024 Regular Session

Alaska House Bill HB125 Compare Versions

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1- Enrolled HB 125
2-LAWS OF ALASKA
31
4-2024
2+HB0125D -1- SCS CSHB 125(RES) am S
3+ New Text Underlined [DELETED TEXT BRACKETED]
54
6-
7-
8-Source Chapter No.
9-SCS CSHB 125(RES) am S _______
5+33-LS0497\N.A
106
117
128
139
14-AN ACT
10+SENATE CS FOR CS FOR HOU SE BILL NO. 125(RES) am S
1511
16-Relating to state land use planning and classification; relating to the James Dalton Highway
17-right-of-way; relating to platting and recording divisions of land in first class boroughs,
18-second class boroughs, and cities that have platting authority; relating to trapping cabins on
19-state land; relating to trapping cabin permit fees; and providing for an effective date.
12+IN THE LEGISLATURE OF THE STATE OF ALASKA
2013
14+THIRTY-THIRD LEGISLATURE - SECOND SESSION
2115
22-_______________
16+BY THE SENATE RESOURCES COMMITTEE
2317
18+Amended: 5/14/24
19+Offered: 2/14/24
2420
25-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
21+Sponsor(s): HOUSE RESOURCES COMMITTEE
22+A BILL
2623
24+FOR AN ACT ENTITLED
2725
26+"An Act relating to state land use planning and classification; relating to the James 1
27+Dalton Highway right-of-way; relating to platting and recording divisions of land in first 2
28+class boroughs, second class boroughs, and cities that have platting authority; relating to 3
29+trapping cabins on state land; relating to trapping cabin permit fees; and providing for 4
30+an effective date." 5
31+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
32+ * Section 1. AS 29.40.080 is amended by adding a new subsection to read: 7
33+ (c) The assembly may by ordinance allow the platting authority to approve a 8
34+ division of a tract or parcel of land that has not previously received platting approval. 9
35+ * Sec. 2. AS 19.40.200(b) is amended to read: 10
36+(b) The prohibition on disposal of state land under (a) of this section does not 11
37+apply to a disposal 12
38+(1) to a licensed public utility or a licensed common carrier under 13 33-LS0497\N.A
39+SCS CSHB 125(RES) am S -2- HB0125D
40+ New Text Underlined [DELETED TEXT BRACKETED]
2841
29-THE ACT FOLLOWS ON PAGE 1
30- -1- Enrolled HB 125
42+AS 38.05.810(e); 1
43+(2) for the reauthorization of leases that were in effect on January 1, 2
44+1994, for nonresidential purposes within the following development nodes: 3
45+(A) Coldfoot: 4
46+Township 28 North, Range 12 West, Fairbanks Meridian 5
47+Sections 3 - 4 6
48+Sections 9 - 10 7
49+Sections 15 - 16 8
50+Sections 20 - 22 9
51+(B) Yukon River Crossing: 10
52+Township 12 North, Range 10 West, Fairbanks Meridian 11
53+Sections 6 - 7 12
54+Township 12 North, Range 11 West, Fairbanks Meridian 13
55+Sections 1 - 2 14
56+Section 12 15
57+Township 13 North, Range 10 West, Fairbanks Meridian 16
58+Sections 29 - 32 17
59+Township 13 North, Range 11 West, Fairbanks Meridian 18
60+Section 22 19
61+Sections 25 - 27 20
62+Sections 34 - 36 21
63+(3) for nonresidential development within the following development 22
64+nodes: 23
65+(A) Deadhorse: 24
66+Township 10 North, Range 14 East, Umiat Meridian 25
67+Township 10 North, Range 15 East, Umiat Meridian 26
68+Section 8 27
69+Sections 17 - 20 28
70+Section 30 29
71+(B) Coldfoot: 30
72+Township 28 North, Range 12 West, Fairbanks Meridian 31 33-LS0497\N.A
73+HB0125D -3- SCS CSHB 125(RES) am S
74+ New Text Underlined [DELETED TEXT BRACKETED]
3175
32-
33-
34-
35-
36-
37-
38-
39-
40-
41-
42-
43-
44-
45-
46-
47-
48-
49-
50-
51-AN ACT
52-
53-
54-Relating to state land use planning and classification; relating to the James Dalton Highway 1
55-right-of-way; relating to platting and recording divisions of land in first class boroughs, 2
56-second class boroughs, and cities that have platting authority; relating to trapping cabins on 3
57-state land; relating to trapping cabin permit fees; and providing for an effective date. 4
58-_______________ 5
59- * Section 1. AS 19.40.200(b) is amended to read: 6
60-(b) The prohibition on disposal of state land under (a) of this section does not 7
61-apply to a disposal 8
62-(1) to a licensed public utility or a licensed common carrier under 9
63-AS 38.05.810(e); 10
64-(2) for the reauthorization of leases that were in effect on January 1, 11
65-1994, for nonresidential purposes within the following development nodes: 12
66-(A) Coldfoot: 13
67-Township 28 North, Range 12 West, Fairbanks Meridian 14
68-Enrolled HB 125 -2-
6976 Sections 3 - 4 1
7077 Sections 9 - 10 2
7178 Sections 15 - 16 3
7279 Sections 20 - 22 4
73-(B) Yukon River Crossing: 5
74-Township 12 North, Range 10 West, Fairbanks Meridian 6
75-Sections 6 - 7 7
76-Township 12 North, Range 11 West, Fairbanks Meridian 8
77-Sections 1 - 2 9
78-Section 12 10
79-Township 13 North, Range 10 West, Fairbanks Meridian 11
80-Sections 29 - 32 12
81-Township 13 North, Range 11 West, Fairbanks Meridian 13
82-Section 22 14
83-Sections 25 - 27 15
84-Sections 34 - 36 16
85-(3) for nonresidential development within the following development 17
86-nodes: 18
87-(A) Deadhorse: 19
88-Township 10 North, Range 14 East, Umiat Meridian 20
89-Township 10 North, Range 15 East, Umiat Meridian 21
90-Section 8 22
91-Sections 17 - 20 23
92-Section 30 24
93-(B) Coldfoot: 25
94-Township 28 North, Range 12 West, Fairbanks Meridian 26
95-Sections 3 - 4 27
96-Sections 9 - 10 28
97-Sections 15 - 16 29
98-Sections 20 - 22 30
99-Township 29 North, Range 12 West, Fairbanks Meridian 31
100- -3- Enrolled HB 125
101-Sections 23 - 27 1
102-Sections 34 - 35 2
103-(C) Franklin Bluffs: 3
104-Township 4 North, Range 14 East, Umiat Meridian 4
105-Sections 3 - 4 5
106-Sections 9 - 10 6
107-Sections 15 - 16 7
108-(D) Happy Valley: 8
109-Township 3 South, Range 14 East, Umiat Meridian 9
110-Sections 19 - 20 10
111-Sections 29 - 30 11
112-(E) Yukon River Crossing: 12
113-Township 12 North, Range 10 West, Fairbanks Meridian 13
114-Sections 6 - 7 14
115-Township 12 North, Range 11 West, Fairbanks Meridian 15
116-Sections 1 - 2 16
117-Section 12 17
118-Township 13 North, Range 10 West, Fairbanks Meridian 18
119-Sections 29 - 32 19
120-Township 13 North, Range 11 West, Fairbanks Meridian 20
121-Section 22 21
122-Section 25 - 27 22
123-Section 34 - 36; or 23
124-(4) necessary for 24
125-(A) an oil and gas lease or gas only lease under AS 38.05.180; 25
126-(B) exploration, development, production, or transportation of 26
127-oil and gas north of 68 degrees north latitude; [OR] 27
128-(C) a state lease or materials sale for 28
129-(i) exploration, development, production, or 29
130-transportation of oil or gas; 30
131-(ii) reconstruction or maintenance of state highways; or 31
132-Enrolled HB 125 -4-
133-(iii) construction or maintenance of airports; or 1
134-(D) access to land described in AS 19.40.210(d) on either 2
135-side of the corridor. 3
136- * Sec. 2. AS 19.40.210 is amended by adding new subsections to read: 4
137-(d) The commissioner of transportation and public facilities may authorize 5
138-facilities and access roads in the highway right-of-way and the commissioner of 6
139-natural resources may authorize easements on state land within the corridor from the 7
140-E. L. Patton Bridge north to the southern boundary of the North Slope Borough to 8
141-facilitate access under (a)(1) - (4) of this section and to provide motorized access to 9
142-(1) adjacent federal land; 10
143-(2) Native allotments; and 11
144-(3) land conveyed to and held by Alaska Native corporations under the 12
145-Alaska Native Claims Settlement Act. 13
146-(e) Nothing in this section affects the validity of regulations adopted by the 14
147-Board of Game under AS 16.05.255 relating to hunt qualifications or the permissible 15
148-means of accessing certain hunting opportunities. 16
149- * Sec. 3. AS 29.40.080 is amended by adding a new subsection to read: 17
150-(c) The assembly may by ordinance allow the platting authority to approve a 18
151-division of a tract or parcel of land that has not previously received platting approval. 19
152- * Sec. 4. AS 38.04.065(f) is amended to read: 20
153-(f) Each decision about the location of easements and rights-of-way, other 21
154-than for minor access, shall be integrated with land use planning and classification. In 22
155-this subsection, "minor access" means 23
156-(1) an easement for fiber optic cable of any length in an area where 24
157-the land has not yet been classified; and 25
158-(2) other comparable easements as determined by the 26
159-commissioner in regulation. 27
160- * Sec. 5. AS 38.05.850(a) is amended to read: 28
161-(a) The director, without the prior approval of the commissioner, may issue 29
162-permits, rights-of-way, or easements on state land for roads, trails, ditches, field 30
163-gathering lines or transmission and distribution pipelines not subject to AS 38.35, 31
164- -5- Enrolled HB 125
165-telephone or electric transmission and distribution lines, log storage, oil well drilling 1
166-sites and production facilities for the purposes of recovering minerals from adjacent 2
167-land under valid lease, and other similar uses or improvements, or revocable, 3
168-nonexclusive permits for the personal or commercial use or removal of resources that 4
169-the director has determined to be of limited value. The commissioner, upon 5
170-recommendation of the director, shall establish a reasonable rate or fee schedule to be 6
171-charged for these uses, subject to AS 38.95.080(g) and the exception for nonprofit 7
172-cooperative associations specified in (b) of this section. In the granting, suspension, or 8
173-revocation of a permit or easement of land, the director shall give preference to that 9
174-use of the land that will be of greatest economic benefit to the state and the 10
175-development of its resources. However, first preference shall be granted to the upland 11
176-owner for the use of a tract of tideland, or tideland and contiguous submerged land, 12
177-that is seaward of the upland property of the upland owner and that is needed by the 13
178-upland owner for any of the purposes for which the use may be granted. 14
179- * Sec. 6. AS 38.95.080(a) is repealed and reenacted to read: 15
180-(a) The commissioner may issue a nonexclusive nontransferable permit to a 16
181-person qualified under this section that, subject to conditions imposed under (c) of this 17
182-section, entitles the person to 18
183-(1) construct and use a trapping cabin on state land if the cabin does 19
184-not exceed 400 square feet in size; or 20
185-(2) use an existing cabin on state land, regardless of size, if 21
186-(A) the owner of the cabin approves; or 22
187-(B) the cabin is not owned by another person. 23
188- * Sec. 7. AS 38.95.080(b) is repealed and reenacted to read: 24
189-(b) The commissioner may issue a permit to a person who 25
190-(1) is at least 18 years of age; 26
191-(2) possesses a valid trapping license issued under AS 16.05.330 - 27
192-16.05.430; 28
193-(3) provides proof acceptable to the commissioner that the person 29
194-(A) has an established trapline of sufficient length to justify the 30
195-need for cabin construction or use; and 31
196-Enrolled HB 125 -6-
197-(B) is engaged in trapping in the area identified in the 1
198-application. 2
199- * Sec. 8. AS 38.95.080(c) is amended to read: 3
200-(c) The director shall establish, by regulation, conditions for a [ATTACHING 4
201-TO THE] permit issued under [(a) AND (b) OF] this section. The regulations must 5
202-include the following [THESE] conditions [SHALL INCLUDE THE FOLLOWING]: 6
203-(1) a permit is valid for a period of not more than 10 years; the 7
204-director [PERMITS] shall continue to renew the permit for successive periods of 8
205-not more than 10 years [BE ISSUED FOR A PERIOD OF NOT MORE THAN 10 9
206-YEARS, WITH SUCCEEDING 10-YEAR RENEWAL OPTIONS,] if the permit 10
207-holder 11
208-(A) establishes the person's periodic use and occupancy of 12
209-the cabin; 13
210-(B) meets [IS ESTABLISHED, AND] the qualifications of [(a) 14
211-OF] this section [CONTINUE TO BE MET]; 15
212-(2) an existing [A] cabin or a cabin authorized for construction 16
213-under a permit issued under this section shall be [CONSTRUCTED AND] 17
214-maintained according to reasonable specifications established by the commissioner 18
215-[DIRECTOR]; 19
216-(3) a primary [ONE] cabin authorized for construction 20
217-[CONSTRUCTED] under a permit issued under this section may [CONTAIN] not 21
218-exceed [MORE THAN] 400 square feet; [HOWEVER, IN NO CASE MAY] another 22
219-cabin constructed under the same permit may not exceed 192 square feet; 23
220-(4) a permit may be issued for an existing cabin that exceeds 400 24
221-square feet if 25
222-(A) the cabin is intended for use as a seasonal shelter while 26
223-the user is engaged in trapping or trapping-related activities; 27
224-(B) the person applying for the permit 28
225-(i) is the owner of the cabin or has previously held a 29
226-permit for the cabin, or is applying for a permit for a cabin that 30
227-does not have an owner; and 31
228- -7- Enrolled HB 125
229-(ii) did not build the cabin without authorization; 1
230-(5) [(3)] a permit shall specify the number of cabins allowed to be 2
231-constructed and indicate their specific geographical location; the director may 3
232-establish a maximum number of cabins for each [PER] person or otherwise limit their 4
233-number because of the probability of adverse consequences; 5
234-(6) [(4)] adequate provision must be made for waste and garbage 6
235-disposal, as determined by the director; 7
236-(7) [(5)] the payment of a trapping cabin permit fee determined by the 8
237-director; the fee may not exceed 9
238-(A) $100 for the issuance or renewal of the permit; and 10
239-(B) $25 for each year of the term of the permit [OF $10]. 11
240- * Sec. 9. AS 38.95.080(d) is amended to read: 12
241-(d) A permit issued under [(a) AND (b) OF] this section is not a disposal of 13
242-interest and does not convey an interest in land, does not grant or establish a 14
243-preference right to a lease or purchase of land, and does not allow for other uses 15
244-of a cabin or land adjacent to a cabin for a purpose other than trapping. A 16
245-permit does not authorize the permit holder to reside at the cabin or on the state 17
246-land for which the person holds a permit under this section. A person may 18
247-[ENTITLES ITS HOLDER TO] use timber in the immediate vicinity of a [THE] cabin 19
248-for which the person holds a permit for personal noncommercial purposes only. 20
249-[NO OWNERSHIP RIGHTS TO THE LAND ARE CONVEYED BY THE 21
250-ISSUANCE OF A TRAPPING CABIN PERMIT UNDER THIS SECTION.] 22
251- * Sec. 10. AS 38.95.080 is amended by adding new subsections to read: 23
252-(f) Subject to (a)(2) of this section, if the director determines that it is in the 24
253-best interests of the state, the director may issue multiple permits for the use of a 25
254-trapping cabin. 26
255-(g) The department may not charge an additional land use fee for the use or 27
256-construction of a trapping cabin authorized by a permit issued under this section. 28
257- * Sec. 11. AS 38.95.085 is amended to read: 29
258-Sec. 38.95.085. Definitions for AS 38.95.080 and 38.95.085 [AS 38.95.075 - 30
259-38.95.085]. In AS 38.95.080 and 38.95.085 [AS 38.95.075 - 38.95.085], 31
260-Enrolled HB 125 -8-
261-(1) "commissioner" means the commissioner of natural resources; 1
262-(2) "department" means the Department of Natural Resources; 2
263-(3) "director" means the director of the division of lands in the 3
264-department. 4
265- * Sec. 12. AS 40.15.010 is amended to read: 5
266-Sec. 40.15.010. Approval, filing, and recording of subdivisions. Before the 6
267-lots or tracts of any subdivision or dedication may be sold or offered for sale, the 7
268-subdivision or dedication shall be approved by the authority having jurisdiction, as 8
269-prescribed in this chapter and shall be filed and recorded in the office of the recorder. 9
270-The recorder may not accept a subdivision or dedication for filing and recording 10
271-unless it shows this approval. However, the recorder may accept for filing and 11
272-recording a division of a tract or parcel of land approved under AS 29.40.080(c). 12
273- * Sec. 13. AS 38.95.075 is repealed. 13
274- * Sec. 14. Sections 1, 2, 4 - 11, and 13 of this Act take effect immediately under 14
275-AS 01.10.070(c). 15
80+Township 29 North, Range 12 West, Fairbanks Meridian 5
81+Sections 23 - 27 6
82+Sections 34 - 35 7
83+(C) Franklin Bluffs: 8
84+Township 4 North, Range 14 East, Umiat Meridian 9
85+Sections 3 - 4 10
86+Sections 9 - 10 11
87+Sections 15 - 16 12
88+(D) Happy Valley: 13
89+Township 3 South, Range 14 East, Umiat Meridian 14
90+Sections 19 - 20 15
91+Sections 29 - 30 16
92+(E) Yukon River Crossing: 17
93+Township 12 North, Range 10 West, Fairbanks Meridian 18
94+Sections 6 - 7 19
95+Township 12 North, Range 11 West, Fairbanks Meridian 20
96+Sections 1 - 2 21
97+Section 12 22
98+Township 13 North, Range 10 West, Fairbanks Meridian 23
99+Sections 29 - 32 24
100+Township 13 North, Range 11 West, Fairbanks Meridian 25
101+Section 22 26
102+Section 25 - 27 27
103+Section 34 - 36; or 28
104+(4) necessary for 29
105+(A) an oil and gas lease or gas only lease under AS 38.05.180; 30
106+(B) exploration, development, production, or transportation of 31 33-LS0497\N.A
107+SCS CSHB 125(RES) am S -4- HB0125D
108+ New Text Underlined [DELETED TEXT BRACKETED]
109+
110+oil and gas north of 68 degrees north latitude; [OR] 1
111+(C) a state lease or materials sale for 2
112+(i) exploration, development, production, or 3
113+transportation of oil or gas; 4
114+(ii) reconstruction or maintenance of state highways; or 5
115+(iii) construction or maintenance of airports; or 6
116+(D) access to land described in AS 19.40.210(d) on either 7
117+side of the corridor. 8
118+ * Sec. 3. AS 19.40.210 is amended by adding new subsections to read: 9
119+(d) The commissioner of transportation and public facilities may authorize 10
120+facilities and access roads in the highway right-of-way and the commissioner of 11
121+natural resources may authorize easements on state land within the corridor from the 12
122+E. L. Patton Bridge north to the southern boundary of the North Slope Borough to 13
123+facilitate access under (a)(1) - (4) of this section and to provide motorized access to 14
124+(1) adjacent federal land; 15
125+(2) Native allotments; and 16
126+(3) land conveyed to and held by Alaska Native corporations under the 17
127+Alaska Native Claims Settlement Act. 18
128+(e) Nothing in this section affects the validity of regulations adopted by the Board of Game 19
129+under AS 16.05.255 relating to hunt qualifications or the permissible means of accessing 20
130+certain hunting opportunities. 21
131+ * Sec. 4. AS 38.04.065(f) is amended to read: 22
132+(f) Each decision about the location of easements and rights-of-way, other 23
133+than for minor access, shall be integrated with land use planning and classification. In 24
134+this subsection, "minor access" means 25
135+(1) an easement for fiber optic cable of any length in an area where 26
136+the land has not yet been classified; and 27
137+(2) other comparable easements as determined by the commissioner in regulation. 28
138+ * Sec. 5. AS 38.05.850(a) is amended to read: 29
139+(a) The director, without the prior approval of the commissioner, may issue 30
140+permits, rights-of-way, or easements on state land for roads, trails, ditches, field 31 33-LS0497\N.A
141+HB0125D -5- SCS CSHB 125(RES) am S
142+ New Text Underlined [DELETED TEXT BRACKETED]
143+
144+gathering lines or transmission and distribution pipelines not subject to AS 38.35, 1
145+telephone or electric transmission and distribution lines, log storage, oil well drilling 2
146+sites and production facilities for the purposes of recovering minerals from adjacent 3
147+land under valid lease, and other similar uses or improvements, or revocable, 4
148+nonexclusive permits for the personal or commercial use or removal of resources that 5
149+the director has determined to be of limited value. The commissioner, upon 6
150+recommendation of the director, shall establish a reasonable rate or fee schedule to be 7
151+charged for these uses, subject to AS 38.95.080(g) and the exception for nonprofit 8
152+cooperative associations specified in (b) of this section. In the granting, suspension, or 9
153+revocation of a permit or easement of land, the director shall give preference to that 10
154+use of the land that will be of greatest economic benefit to the state and the 11
155+development of its resources. However, first preference shall be granted to the upland 12
156+owner for the use of a tract of tideland, or tideland and contiguous submerged land, 13
157+that is seaward of the upland property of the upland owner and that is needed by the 14
158+upland owner for any of the purposes for which the use may be granted. 15
159+ * Sec. 6. AS 38.95.080(a) is repealed and reenacted to read: 16
160+(a) The commissioner may issue a nonexclusive nontransferable permit to a 17
161+person qualified under this section that, subject to conditions imposed under (c) of this 18
162+section, entitles the person to 19
163+(1) construct and use a trapping cabin on state land, if the cabin does 20
164+not exceed 400 square feet in size; or 21
165+(2) use an existing cabin on state land, regardless of size, if 22
166+(A) the owner of the cabin approves; or 23
167+(B) the cabin is not owned by another person. 24
168+ * Sec. 7. AS 38.95.080(b) is repealed and reenacted to read: 25
169+(b) The commissioner may issue a permit to a person who 26
170+(1) is at least 18 years of age; 27
171+(2) possesses a valid trapping license issued under AS 16.05.330 - 28
172+16.05.430; 29
173+(3) provides proof acceptable to the commissioner that the person 30
174+(A) has an established trapline of sufficient length to justify the 31 33-LS0497\N.A
175+SCS CSHB 125(RES) am S -6- HB0125D
176+ New Text Underlined [DELETED TEXT BRACKETED]
177+
178+need for cabin construction or use; and 1
179+(B) is engaged in trapping in the area identified in the 2
180+application. 3
181+ * Sec. 8. AS 38.95.080(c) is amended to read: 4
182+(c) The director shall establish, by regulation, conditions for a [ATTACHING 5
183+TO THE] permit issued under [(a) AND (b) OF] this section. The regulations must 6
184+include the following [THESE] conditions [SHALL INCLUDE THE FOLLOWING]: 7
185+(1) a permit is valid for a period of not more than 10 years; the 8
186+director [PERMITS] shall continue to renew the permit for successive periods of 9
187+not more than 10 years [BE ISSUED FOR A PERIOD OF NOT MORE THAN 10 10
188+YEARS, WITH SUCCEEDING 10-YEAR RENEWAL OPTIONS], if the permit 11
189+holder 12
190+(A) establishes the person's periodic use and occupancy of 13
191+the cabin; 14
192+(B) meets [IS ESTABLISHED, AND] the qualifications of [(a) 15
193+OF] this section [CONTINUE TO BE MET]; 16
194+(2) an existing [A] cabin or a cabin authorized for construction 17
195+under a permit issued under this section shall be [CONSTRUCTED AND] 18
196+maintained according to reasonable specifications established by the commissioner 19
197+[DIRECTOR]; 20
198+(3) a primary [ONE] cabin authorized for construction 21
199+[CONSTRUCTED] under a permit issued under this section may [CONTAIN] not 22
200+exceed [MORE THAN] 400 square feet; [HOWEVER, IN NO CASE MAY] another 23
201+cabin constructed under the same permit may not exceed 192 square feet; 24
202+(4) a permit may be issued for an existing cabin that exceeds 400 25
203+square feet if 26
204+(A) the cabin is intended for use as a seasonal shelter while 27
205+the user is engaged in trapping or trapping-related activities; 28
206+(B) the person applying for the permit 29
207+(i) is the owner of the cabin or has previously held a 30
208+permit for the cabin, or is applying for a permit for a cabin that 31 33-LS0497\N.A
209+HB0125D -7- SCS CSHB 125(RES) am S
210+ New Text Underlined [DELETED TEXT BRACKETED]
211+
212+does not have an owner; and 1
213+(ii) did not build the cabin without authorization; 2
214+(5) [(3)] a permit shall specify the number of cabins allowed to be 3
215+constructed and indicate their specific geographical location; the director may 4
216+establish a maximum number of cabins for each [PER] person or otherwise limit their 5
217+number because of the probability of adverse consequences; 6
218+(6) [(4)] adequate provision must be made for waste and garbage 7
219+disposal, as determined by the director; 8
220+(7) [(5)] the payment of a trapping cabin permit fee determined by the 9
221+director; the fee may not exceed 10
222+(A) $100 for the issuance or renewal of the permit; and 11
223+(B) $25 for each year of the term of the permit [OF $10]. 12
224+ * Sec. 9. AS 38.95.080(d) is amended to read: 13
225+(d) A permit issued under [(a) AND (b) OF] this section is not a disposal of 14
226+interest and does not convey an interest in land, does not grant or establish a 15
227+preference right to a lease or purchase of land, and does not allow for other uses 16
228+of a cabin or land adjacent to a cabin for a purpose other than trapping. A 17
229+permit does not authorize the permit holder to reside at the cabin or on the state 18
230+land for which the person holds a permit under this section. A person may 19
231+[ENTITLES ITS HOLDER TO] use timber in the immediate vicinity of a [THE] cabin 20
232+for which the person holds a permit for personal noncommercial purposes only. 21
233+[NO OWNERSHIP RIGHTS TO THE LAND ARE CONVEYED BY THE 22
234+ISSUANCE OF A TRAPPING CABIN PERMIT UNDER THIS SECTION]. 23
235+ * Sec. 10. AS 38.95.080 is amended by adding new subsections to read: 24
236+(f) Subject to (a)(2) of this section, if the director determines that it is in the 25
237+best interests of the state, the director may issue multiple permits for the use of a 26
238+trapping cabin. 27
239+(g) The department may not charge an additional land use fee for the use or 28
240+construction of a trapping cabin authorized by a permit issued under this section. 29
241+ * Sec. 11. AS 38.95.085 is amended to read: 30
242+Sec. 38.95.085. Definitions for AS 38.95.080 and 38.95.085 [AS 38.95.075 - 31 33-LS0497\N.A
243+SCS CSHB 125(RES) am S -8- HB0125D
244+ New Text Underlined [DELETED TEXT BRACKETED]
245+
246+38.95.085]. In AS 38.95.080 and 38.95.085 [AS 38.95.075 - 38.95.085], 1
247+(1) "commissioner" means the commissioner of natural resources; 2
248+(2) "department" means the Department of Natural Resources; 3
249+(3) "director" means the director of the division of lands in the 4
250+department. 5
251+ * Sec. 12. AS 40.15.010 is amended to read: 6
252+ Sec. 40.15.010. Approval, filing, and recording of subdivisions. Before the 7
253+ lots or tracts of any subdivision or dedication may be sold or offered for sale, the 8
254+ subdivision or dedication shall be approved by the authority having jurisdiction, as 9
255+ prescribed in this chapter and shall be filed and recorded in the office of the recorder. 10
256+ The recorder may not accept a subdivision or dedication for filing and recording 11
257+ unless it shows this approval. However, the recorder may accept for filing and 12
258+ recording a division of a tract or parcel of land approved under AS 29.40.080(c). 13
259+ * Sec. 13. AS 38.95.075 is repealed. 14
260+ * Sec. 14. Sections 5 - 11 and 13 of this Act take effect immediately under AS 01.10.070(c). 15