Alaska 2025-2026 Regular Session

Alaska House Bill HB109 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0109a -1- HB 109
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11	11	HOUSE BILL NO. 109
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
18	18
19	19	Introduced: 2/19/25
20	20	Referred: Resources, Finance
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22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the lease and sale of state land for recreational cabin sites; and 1
28	28	providing for an effective date." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 38.04.020(i) is amended to read: 4
31	31	(i) Nothing in this section prevents the disposal of other land by the 5
32	32	commissioner in accordance with AS 38.05.055, 38.05.057, 38.05.070, the issuance of 6
33	33	[REMOTE] recreational cabin site leases or sales under AS 38.05.600, AS 38.08, 7
34	34	AS 38.09, or other law. 8
35	35	* Sec. 2. AS 38.05.035(e) is amended to read: 9
36	36	(e) Upon a written finding that the interests of the state will be best served, the 10
37	37	director may, with the consent of the commissioner, approve contracts for the sale, 11
38	38	lease, or other disposal of available land, resources, property, or interests in them. In 12
39	39	approving a contract under this subsection, the director need only prepare a single 13
40	40	written finding. In addition to the conditions and limitations imposed by law, the 14 34-GH1026\A
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44	44	director may impose additional conditions or limitations in the contracts as the director 1
45	45	determines, with the consent of the commissioner, will best serve the interests of the 2
46	46	state. The preparation and issuance of the written finding by the director are subject to 3
47	47	the following: 4
48	48	(1) with the consent of the commissioner and subject to the director's 5
49	49	discretion, for a specific proposed disposal of available land, resources, or property, or 6
50	50	of an interest in them, the director, in the written finding, 7
51	51	(A) shall establish the scope of the administrative review on 8
52	52	which the director's determination is based, and the scope of the written 9
53	53	finding supporting that determination; the scope of the administrative review 10
54	54	and finding may address only reasonably foreseeable, significant effects of the 11
55	55	uses proposed to be authorized by the disposal; 12
56	56	(B) may limit the scope of an administrative review and finding 13
57	57	for a proposed disposal to 14
58	58	(i) applicable statutes and regulations; 15
59	59	(ii) the facts pertaining to the land, resources, or 16
60	60	property, or interest in them, that the director finds are material to the 17
61	61	determination and that are known to the director or knowledge of which 18
62	62	is made available to the director during the administrative review; and 19
63	63	(iii) issues that, based on the statutes and regulations 20
64	64	referred to in (i) of this subparagraph, on the facts as described in (ii) of 21
65	65	this subparagraph, and on the nature of the uses sought to be authorized 22
66	66	by the disposal, the director finds are material to the determination of 23
67	67	whether the proposed disposal will best serve the interests of the state; 24
68	68	and 25
69	69	(C) may, if the project for which the proposed disposal is 26
70	70	sought is a multiphased development, limit the scope of an administrative 27
71	71	review and finding for the proposed disposal to the applicable statutes and 28
72	72	regulations, facts, and issues identified in (B)(i) - (iii) of this paragraph that 29
73	73	pertain solely to the disposal phase of the project when 30
74	74	(i) the only uses to be authorized by the proposed 31 34-GH1026\A
75	75	HB0109a -3- HB 109
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78	78	disposal are part of that phase; 1
79	79	(ii) the disposal is a disposal of oil and gas, or of gas 2
80	80	only, and, before the next phase of the project may proceed, public 3
81	81	notice and the opportunity to comment are provided under regulations 4
82	82	adopted by the department; 5
83	83	(iii) the department's approval is required before the 6
84	84	next phase of the project may proceed; and 7
85	85	(iv) the department describes its reasons for a decision 8
86	86	to phase; 9
87	87	(2) the director shall discuss in the written finding prepared and issued 10
88	88	under this subsection the reasons that each of the following was not material to the 11
89	89	director's determination that the interests of the state will be best served: 12
90	90	(A) facts pertaining to the land, resources, or property, or an 13
91	91	interest in them other than those that the director finds material under (1)(B)(ii) 14
92	92	of this subsection; and 15
93	93	(B) issues based on the statutes and regulations referred to in 16
94	94	(1)(B)(i) of this subsection and on the facts described in (1)(B)(ii) of this 17
95	95	subsection; 18
96	96	(3) a written finding for an oil and gas lease sale or gas only lease sale 19
97	97	under AS 38.05.180 is subject to (g) of this section; 20
98	98	(4) a contract for the sale, lease, or other disposal of available land or 21
99	99	an interest in land is not legally binding on the state until the commissioner approves 22
100	100	the contract, but if the appraised value is not greater than $50,000 in the case of the 23
101	101	sale of land or an interest in land, or $5,000 in the case of the annual rental of land or 24
102	102	interest in land, the director may execute the contract without the approval of the 25
103	103	commissioner; 26
104	104	(5) public notice requirements relating to the sale, lease, or other 27
105	105	disposal of available land or an interest in land for oil and gas, or for gas only, 28
106	106	proposed to be scheduled in the five-year oil and gas leasing program under 29
107	107	AS 38.05.180(b), except for a sale under (6)(F) of this subsection, are as follows: 30
108	108	(A) before a public hearing, if held, or in any case not less than 31 34-GH1026\A
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112	112	180 days before the sale, lease, or other disposal of available land or an interest 1
113	113	in land, the director shall make available to the public a preliminary written 2
114	114	finding that states the scope of the review established under (1)(A) of this 3
115	115	subsection and includes the applicable statutes and regulations, the material 4
116	116	facts and issues in accordance with (1)(B) of this subsection, and information 5
117	117	required by (g) of this section, upon which the determination that the sale, 6
118	118	lease, or other disposal will serve the best interests of the state will be based; 7
119	119	the director shall provide opportunity for public comment on the preliminary 8
120	120	written finding for a period of not less than 60 days; 9
121	121	(B) after the public comment period for the preliminary written 10
122	122	finding and not less than 90 days before the sale, lease, or other disposal of 11
123	123	available land or an interest in land for oil and gas or for gas only, the director 12
124	124	shall make available to the public a final written finding that states the scope of 13
125	125	the review established under (1)(A) of this subsection and includes the 14
126	126	applicable statutes and regulations, the material facts and issues in accordance 15
127	127	with (1) of this subsection, and information required by (g) of this section, 16
128	128	upon which the determination that the sale, lease, or other disposal will serve 17
129	129	the best interests of the state is based; 18
130	130	(6) before a public hearing, if held, or in any case not less than 21 days 19
131	131	before the sale, lease, or other disposal of available land, property, resources, or 20
132	132	interests in them other than a sale, lease, or other disposal of available land or an 21
133	133	interest in land for oil and gas or for gas only under (5) of this subsection, the director 22
134	134	shall make available to the public a written finding that, in accordance with (1) of this 23
135	135	subsection, sets out the material facts and applicable statutes and regulations and any 24
136	136	other information required by statute or regulation to be considered upon which the 25
137	137	determination that the sale, lease, or other disposal will best serve the interests of the 26
138	138	state was based; however, a written finding is not required before the approval of 27
139	139	(A) a contract for a negotiated sale authorized under 28
140	140	AS 38.05.115; 29
141	141	(B) a lease of land for a shore fishery site under AS 38.05.082;
142	142	30
143	143	(C) a permit or other authorization revocable by the 31 34-GH1026\A
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147	147	commissioner; 1
148	148	(D) a mineral claim located under AS 38.05.195; 2
149	149	(E) a mineral lease issued under AS 38.05.205; 3
150	150	(F) an exempt oil and gas lease sale or gas only lease sale under 4
151	151	AS 38.05.180(d) of acreage subject to a best interest finding issued within the 5
152	152	previous 10 years or a reoffer oil and gas lease sale or gas only lease sale under 6
153	153	AS 38.05.180(w) of acreage subject to a best interest finding issued within the 7
154	154	previous 10 years, unless the commissioner determines that substantial new 8
155	155	information has become available that justifies a supplement to the most recent 9
156	156	best interest finding for the exempt oil and gas lease sale or gas only lease sale 10
157	157	acreage and for the reoffer oil and gas lease sale or gas only lease sale acreage; 11
158	158	however, for each oil and gas lease sale or gas only lease sale described in this 12
159	159	subparagraph, the director shall call for comments from the public; the 13
160	160	director's call for public comments must provide opportunity for public 14
161	161	comment for a period of not less than 30 days; if the director determines that a 15
162	162	supplement to the most recent best interest finding for the acreage is required 16
163	163	under this subparagraph, 17
164	164	(i) the director shall issue the supplement to the best 18
165	165	interest finding not later than 90 days before the sale; 19
166	166	(ii) not later than 45 days before the sale, the director 20
167	167	shall issue a notice describing the interests to be offered, the location 21
168	168	and time of the sale, and the terms and conditions of the sale; and 22
169	169	(iii) the supplement has the status of a final written best 23
170	170	interest finding for purposes of (i) and (l) of this section; 24
171	171	(G) a surface use lease under AS 38.05.255; 25
172	172	(H) a permit, right-of-way, or easement under AS 38.05.850; 26
173	173	(I) a recreational cabin site lease or sale under 27
174	174	AS 38.05.600; 28
175	175	(7) the director shall include in 29
176	176	(A) a preliminary written finding, if required, a summary of 30
177	177	agency and public comments, if any, obtained as a result of contacts with other 31 34-GH1026\A
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181	181	agencies concerning a proposed disposal or as a result of informal efforts 1
182	182	undertaken by the department to solicit public response to a proposed disposal, 2
183	183	and the department's preliminary responses to those comments; and 3
184	184	(B) the final written finding a summary of agency and public 4
185	185	comments received and the department's responses to those comments. 5
186	186	* Sec. 3. AS 38.05.045 is amended to read: 6
187	187	Sec. 38.05.045. Generally. All land owned in fee by the state or to which the 7
188	188	state may become entitled, excepting tide, submerged, or shoreland, and timber or 8
189	189	grazing land, may be sold as provided in AS 38.05.045 - 38.05.069 and AS 38.08. 9
190	190	However, this section does not prevent the disposition of land as provided in 10
191	191	AS 38.05.300, 38.05.321, 38.05.600, 38.05.810 - 38.05.870, 38.05.920, 38.05.945 and 11
192	192	38.05.946. 12
193	193	* Sec. 4. AS 38.05.065(b) is amended to read: 13
194	194	(b) The contract of sale for land sold under AS 38.05.057, [OR] under former 14
195	195	AS 38.05.078, or under AS 38.05.600 shall require the remainder of the purchase 15
196	196	price to be paid in monthly, quarterly, or annual installments over a period of not more 16
197	197	than 30 [20] years. Installment payments plus interest shall be set on the level-17
198	198	payment basis. The interest rate to be charged on installment payments is the rate 18
199	199	provided in (i) of this section. 19
200	200	* Sec. 5. AS 38.05.125(a) is amended to read: 20
201	201	(a) Each contract for the sale, lease, or grant of state land, and each deed to 21
202	202	state land, properties, or interest in state land, made under AS 38.05.045 - 38.05.120, 22
203	203	38.05.321, 38.05.600, 38.05.810 - 38.05.825, AS 38.08, or AS 38.50 except as 23
204	204	provided in AS 38.50.050 is subject to the following reservations: "The party of the 24
205	205	first part, Alaska, hereby expressly saves, excepts and reserves out of the grant hereby 25
206	206	made, unto itself, its lessees, successors, and assigns forever, all oils, gases, coal, ores, 26
207	207	minerals, fissionable materials, geothermal resources, and fossils of every name, kind 27
208	208	or description, and which may be in or upon said land above described, or any part 28
209	209	thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, 29
210	210	fissionable materials, geothermal resources, and fossils, and it also hereby expressly 30
211	211	saves and reserves out of the grant hereby made, unto itself, its lessees, successors, 31 34-GH1026\A
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215	215	and assigns forever, the right to enter by itself, its or their agents, attorneys, and 1
216	216	servants upon said land, or any part or parts thereof, at any and all times for the 2
217	217	purpose of opening, developing, drilling, and working mines or wells on these or other 3
218	218	land and taking out and removing therefrom all such oils, gases, coal, ores, minerals, 4
219	219	fissionable materials, geothermal resources, and fossils, and to that end it further 5
220	220	expressly reserves out of the grant hereby made, unto itself, its lessees, successors, and 6
221	221	assigns forever, the right by its or their agents, servants and attorneys at any and all 7
222	222	times to erect, construct, maintain, and use all such buildings, machinery, roads, 8
223	223	pipelines, powerlines, and railroads, sink such shafts, drill such wells, remove such 9
224	224	soil, and to remain on said land or any part thereof for the foregoing purposes and to 10
225	225	occupy as much of said land as may be necessary or convenient for such purposes 11
226	226	hereby expressly reserving to itself, its lessees, successors, and assigns, as aforesaid, 12
227	227	generally all rights and power in, to, and over said land, whether herein expressed or 13
228	228	not, reasonably necessary or convenient to render beneficial and efficient the complete 14
229	229	enjoyment of the property and rights hereby expressly reserved." 15
230	230	* Sec. 6. AS 38.05.600 is repealed and reenacted to read: 16
231	231	Sec. 38.05.600. Recreational cabin sites. (a) The longstanding policy of the 17
232	232	state, declared in art. VIII, secs. 1, 2, and 9, Constitution of the State of Alaska, and 18
233	233	the Alaska Land Act (AS 38.05) has been to encourage the settlement of the state's 19
234	234	land and the development of its resources by making land available for the maximum 20
235	235	use consistent with the public interest. Consistent with the Constitution of the State of 21
236	236	Alaska, it is the intent of the legislature that state land be made available to all 22
237	237	Alaskans for recreational purposes to promote the maximum use of state land 23
238	238	consistent with the public interest. 24
239	239	(b) The commissioner shall administer a program for the leasing and sale of 25
240	240	state land for recreational cabin sites to eligible applicants. A recreational cabin site 26
241	241	shall be made available through either a schedule of land offerings issued by the 27
242	242	commissioner under (c) of this section or the recreational cabin site nomination 28
243	243	process described in (d) of this section. 29
244	244	(c) The commissioner shall annually publish a schedule of land offerings that 30
245	245	lists areas available for the staking of a recreational cabin site. The department shall 31 34-GH1026\A
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249	249	provide public notice of the annually published schedule of land offerings and of any 1
250	250	revisions made to the schedule. An eligible applicant may apply for the lease or sale of 2
251	251	a recreational cabin site from the schedule of land offerings. 3
252	252	(d) An eligible applicant may nominate and apply for a lease or sale of up to 4
253	253	10 acres of available state land for a recreational cabin site that is not included in the 5
254	254	commissioner's schedule of land offerings. Nominated land must have legal access or 6
255	255	access provided under generally allowed uses and be unencumbered by any easement, 7
256	256	right-of-way, or other legal encumbrance so that the surface estate may be leased or 8
257	257	sold as provided in this section. A recreational cabin site on nominated land shall be 9
258	258	located at least one quarter mile from any other recreational cabin site. The applicant 10
259	259	has the burden of demonstrating that nominated land is eligible for lease and sale 11
260	260	under this section. 12
261	261	(e) The commissioner may not approve an application for the lease or sale of a 13
262	262	recreational cabin site on land that is classified as mineral or oil and gas land unless 14
263	263	the applicant has held a valid mining claim located on the parcel or contiguous to the 15
264	264	parcel for the preceding five years. Notwithstanding (d) of this section, an applicant 16
265	265	holding a valid mining claim under this subsection may nominate land that is less than 17
266	266	one-quarter mile from another recreational cabin site. 18
267	267	(f) If the commissioner approves an application, the department shall provide 19
268	268	public notice of the intent to sell or lease the land to the applicant. After the time for 20
269	269	public notice, the commissioner may issue the lease under (g) of this section or sell the 21
270	270	land under (i) of this section. 22
271	271	(g) The commissioner may issue a lease under this section to an eligible 23
272	272	applicant for a term of up to 10 years. Excepting sites under (e) of this section on 24
273	273	which a valid mining claim is located, land leased under this section may be used only 25
274	274	as a recreational cabin site during the term of the lease. A recreational cabin site lease 26
275	275	must require that the leased land be surveyed at the cost of the lessee no later than five 27
276	276	years from commencement of the lease. The commissioner may terminate a lease 28
277	277	before its expiration if a lessee fails to use the land in the manner required by the terms 29
278	278	of the lease. At any time during the lease, the lessee may purchase the recreational 30
279	279	cabin site. 31 34-GH1026\A
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283	283	(h) The commissioner shall set annual fees for a lease under this section to 1
284	284	ensure that the state receives a fair return for the use granted. After termination of a 2
285	285	recreational cabin site lease, improvements or personal property remaining on the land 3
286	286	shall be managed in the same manner provided in AS 38.05.090 for removal or 4
287	287	reversion of improvements upon termination of leases of state land. A lease under this 5
288	288	section may be assigned with the consent of the commissioner. 6
289	289	(i) The commissioner may sell land offered or nominated under this section to 7
290	290	an eligible applicant. A sale must be at fair market value, and the purchaser shall pay 8
291	291	for the appraisal, platting costs, and a survey if not already completed for the 9
292	292	recreational cabin site. For a sale to a lessee under (g) of this section, fair market value 10
293	293	shall be determined as of the time of entry, and the lessee may apply lease payments to 11
294	294	the purchase price. 12
295	295	(j) The commissioner may adopt regulations under AS 44.62 (Administrative 13
296	296	Procedures Act) necessary to implement this section. 14
297	297	(k) In this section, 15
298	298	(1) "eligible applicant" means a resident at least 18 years of age who 16
299	299	has not leased or purchased a recreational cabin site during the 10-year period before 17
300	300	submitting an application under this section; 18
301	301	(2) "resident" means an individual who has resided in the state for one 19
302	302	year immediately preceding an application under this section. 20
303	303	* Sec. 7. AS 38.05.945(a) is amended to read: 21
304	304	(a) This section establishes the requirements for notice given by the 22
305	305	department for the following actions: 23
306	306	(1) classification or reclassification of state land under AS 38.05.300, 24
307	307	except for land reclassified for lease or sale under AS 38.05.600, and the closing of 25
308	308	land to mineral leasing or entry under AS 38.05.185; 26
309	309	(2) zoning of land under applicable law; 27
310	310	(3) issuance of a 28
311	311	(A) preliminary written finding under AS 38.05.035(e)(5)(A) 29
312	312	regarding the sale, lease, or disposal of an interest in state land or resources for 30
313	313	oil and gas, or for gas only, subject to AS 38.05.180(b); 31 34-GH1026\A
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317	317	(B) written finding for the sale, lease, or disposal of an interest 1
318	318	in state land or resources under AS 38.05.035(e)(6), except a lease sale 2
319	319	described in AS 38.05.035(e)(6)(F) for which the director must provide 3
320	320	opportunity for public comment under the provisions of that subparagraph; 4
321	321	(4) a competitive disposal of an interest in state land or resources after 5
322	322	final decision under AS 38.05.035(e); 6
323	323	(5) a preliminary finding under AS 38.05.035(e) concerning sites for 7
324	324	aquatic farms and related hatcheries; 8
325	325	(6) a decision under AS 38.05.132 - 38.05.134 regarding the sale, 9
326	326	lease, or disposal of an interest in state land or resources; 10
327	327	(7) an exchange of state land under AS 38.50; 11
328	328	(8) solicitation of competitive interest under AS 38.05.081(c). 12
329	329	* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 13
330	330	read: 14
331	331	ELIGIBILITY OF PERSONAL USE CABINS FOR LEASE AND PURCHASE AS 15
332	332	RECREATIONAL CABIN SITES. (a) Notwithstanding any provision in AS 16.20 or 16
333	333	AS 41.21 to the contrary or regulations adopted by the Department of Natural Resources 17
334	334	under the authority of AS 38.04.035, AS 38.05.020, AS 41.21.020, and AS 44.37.011 that 18
335	335	state a personal use cabin permit does not convey any interest in state land or grant any 19
336	336	preference right for the lease or purchase of state land, the commissioner may 20
337	337	(1) approve a nomination by the holder of a current valid permit for a cabin 21
338	338	site and surrounding land under AS 38.05.600, as repealed and reenacted by sec. 6 of this Act, 22
339	339	and, after public notice, sell or lease to the permit holder the nominated land as a recreational 23
340	340	cabin site; and 24
341	341	(2) approve a nomination by a former holder, or an immediate family member 25
342	342	of a former holder, of a permit for a cabin site and surrounding land under AS 38.05.600, as 26
343	343	repealed and reenacted by sec. 6 of this Act, that expired prior to the effective date of this Act, 27
344	344	and, after public notice, sell or lease to the person or family member the nominated land as a 28
345	345	recreational cabin site if the person or family member has continuously maintained the 29
346	346	personal use cabin at the site. 30
347	347	(b) The department may authorize a recreational cabin site under this section that is 31 34-GH1026\A
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351	351	less than one-quarter mile from another recreational cabin site. 1
352	352	(c) The lands affected by this section include those sites listed in the 2025 Personal 2
353	353	Use Cabin Permit Master List, located in the office of the director of the division of lands, 3
354	354	Department of Natural Resources, in Anchorage, Alaska. 4
355	355	(d) All dispositions and uses under (a) of this section of lands that are part of a state 5
356	356	park, state forest, state game refuge, state wildlife refuge, state game sanctuary, state 6
357	357	recreational area, state recreational river, state wilderness park, state marine park, state special 7
358	358	management area, state public use area, critical habitat area, bald eagle preserve, bison range, 8
359	359	or moose range are confirmed and ratified. In considering whether to approve a nomination 9
360	360	under this subsection, the commissioner shall consider whether the disposal is consistent with 10
361	361	the uses of the land, including the preservation of public access. Land subject to this 11
362	362	subsection may be leased or sold regardless of its classification. 12
363	363	* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 13
364	364	read: 14
365	365	TRANSITION. (a) A lease executed under AS 38.05.600 before the effective date of 15
366	366	this Act and in effect on the effective date of this Act is not subject to AS 38.05.600, as 16
367	367	repealed and reenacted by sec. 6 of this Act, and shall continue in effect pursuant to its terms. 17
368	368	(b) Land leased or sold under AS 38.05.600 before the effective date of this Act is a 18
369	369	recreational cabin site for the purpose of AS 38.05.600(k)(1), as repealed and reenacted by 19
370	370	sec. 6 of this Act. 20
371	371	* Sec. 10. Section 8 of this Act is repealed June 30, 2032. 21
372	372	* Sec. 11. This Act takes effect immediately under AS 01.10.070(c). 22