SB 142: "An Act designating the Department of Natural Resources as lead agency for resource development projects; making conforming amendments; and providing for an effective date."
00 SENATE BILL NO. 142 01 "An Act designating the Department of Natural Resources as lead agency for resource 02 development projects; making conforming amendments; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38.05.020(b) is amended to read: 06 (b) The commissioner may 07 (1) establish reasonable procedures and adopt reasonable regulations 08 necessary to carry out this chapter and, whenever necessary, issue directives or orders 09 to the director to carry out specific functions and duties; regulations adopted by the 10 commissioner shall be adopted under AS 44.62 (Administrative Procedure Act); 11 orders by the commissioner classifying land, issued after January 3, 1959, are not 12 required to be adopted under AS 44.62 (Administrative Procedure Act); 13 (2) enter into agreements considered necessary to carry out the 14 purposes of this chapter, including agreements with federal and state agencies;
01 (3) review any order or action of the director; 02 (4) exercise the powers and do the acts necessary to carry out the 03 provisions and objectives of this chapter; 04 (5) notwithstanding the provisions of any other section of this chapter, 05 grant an extension of the time within which payments due on any exploration license, 06 lease, or sale of state land, minerals, or materials may be made, including payment of 07 rental and royalties, on a finding that compliance with the requirements is or was 08 prevented by reason of war, riots, or acts of God; 09 (6) classify tracts for agricultural uses; 10 (7) after consulting with the Board of Agriculture and Conservation 11 (AS 03.09.010), waive, postpone, or otherwise modify the development requirements 12 of a contract for the sale of agricultural land if 13 (A) the land is inaccessible by road; or 14 (B) transportation, marketing, and development costs render 15 the required development uneconomic; 16 (8) reconvey or relinquish land or an interest in land to the federal 17 government if 18 (A) the land is described in an amended application for an 19 allotment under 43 U.S.C. 1617; and 20 (B) the reconveyance or relinquishment is 21 (i) for the purposes provided in 43 U.S.C. 1617; and 22 (ii) in the best interests of the state; 23 (9) lead and coordinate all matters relating to the state's review 24 and authorization of resource development projects. 25 * Sec. 2. AS 46.03.880 is amended by adding a new subsection to read: 26 (b) Notwithstanding AS 44.62.330(a)(44), adjudicatory hearing procedures to 27 review permit decisions under AS 46.03 need not conform to AS 44.62.330 - 28 44.62.630 (Administrative Procedure Act). 29 * Sec. 3. AS 46.04 is amended by adding a new section to article 3 to read: 30 Sec. 46.04.890. Applicability of Administrative Procedure Act. 31 Notwithstanding AS 44.62.330(a)(44), adjudicatory hearing procedures to review
01 permit decisions under AS 46.04 need not conform to AS 44.62.330 - 44.62.630 02 (Administrative Procedure Act). 03 * Sec. 4. AS 41.17.085(a); AS 46.03.020(11); AS 46.35.010, 46.35.020, 46.35.030, 04 46.35.040, 46.35.050, 46.35.060, 46.35.070, 46.35.080, 46.35.090, 46.35.100, 46.35.110, 05 46.35.120, 46.35.130, 46.35.140, 46.35.150, 46.35.160, 46.35.170, 46.35.200, and 46.35.210 06 are repealed. 07 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).