Enrolled HB 125: Relating to state land use planning and classification; relating to the James Dalton Highway right-of-way; relating to platting and recording divisions of land in first class boroughs, second class boroughs, and cities that have platting authority; relating to trapping cabins on state land; relating to trapping cabin permit fees; and providing for an effective date.
00Enrolled HB 125 01 Relating to state land use planning and classification; relating to the James Dalton Highway 02 right-of-way; relating to platting and recording divisions of land in first class boroughs, 03 second class boroughs, and cities that have platting authority; relating to trapping cabins on 04 state land; relating to trapping cabin permit fees; and providing for an effective date. 05 _______________ 06 * Section 1. AS 19.40.200(b) is amended to read: 07 (b) The prohibition on disposal of state land under (a) of this section does not 08 apply to a disposal 09 (1) to a licensed public utility or a licensed common carrier under 10 AS 38.05.810(e); 11 (2) for the reauthorization of leases that were in effect on January 1, 12 1994, for nonresidential purposes within the following development nodes: 13 (A) Coldfoot: 14 Township 28 North, Range 12 West, Fairbanks Meridian
01 Sections 3 - 4 02 Sections 9 - 10 03 Sections 15 - 16 04 Sections 20 - 22 05 (B) Yukon River Crossing: 06 Township 12 North, Range 10 West, Fairbanks Meridian 07 Sections 6 - 7 08 Township 12 North, Range 11 West, Fairbanks Meridian 09 Sections 1 - 2 10 Section 12 11 Township 13 North, Range 10 West, Fairbanks Meridian 12 Sections 29 - 32 13 Township 13 North, Range 11 West, Fairbanks Meridian 14 Section 22 15 Sections 25 - 27 16 Sections 34 - 36 17 (3) for nonresidential development within the following development 18 nodes: 19 (A) Deadhorse: 20 Township 10 North, Range 14 East, Umiat Meridian 21 Township 10 North, Range 15 East, Umiat Meridian 22 Section 8 23 Sections 17 - 20 24 Section 30 25 (B) Coldfoot: 26 Township 28 North, Range 12 West, Fairbanks Meridian 27 Sections 3 - 4 28 Sections 9 - 10 29 Sections 15 - 16 30 Sections 20 - 22 31 Township 29 North, Range 12 West, Fairbanks Meridian
01 Sections 23 - 27 02 Sections 34 - 35 03 (C) Franklin Bluffs: 04 Township 4 North, Range 14 East, Umiat Meridian 05 Sections 3 - 4 06 Sections 9 - 10 07 Sections 15 - 16 08 (D) Happy Valley: 09 Township 3 South, Range 14 East, Umiat Meridian 10 Sections 19 - 20 11 Sections 29 - 30 12 (E) Yukon River Crossing: 13 Township 12 North, Range 10 West, Fairbanks Meridian 14 Sections 6 - 7 15 Township 12 North, Range 11 West, Fairbanks Meridian 16 Sections 1 - 2 17 Section 12 18 Township 13 North, Range 10 West, Fairbanks Meridian 19 Sections 29 - 32 20 Township 13 North, Range 11 West, Fairbanks Meridian 21 Section 22 22 Section 25 - 27 23 Section 34 - 36; or 24 (4) necessary for 25 (A) an oil and gas lease or gas only lease under AS 38.05.180; 26 (B) exploration, development, production, or transportation of 27 oil and gas north of 68 degrees north latitude; [OR] 28 (C) a state lease or materials sale for 29 (i) exploration, development, production, or 30 transportation of oil or gas; 31 (ii) reconstruction or maintenance of state highways; or
01 (iii) construction or maintenance of airports; or 02 (D) access to land described in AS 19.40.210(d) on either 03 side of the corridor. 04 * Sec. 2. AS 19.40.210 is amended by adding new subsections to read: 05 (d) The commissioner of transportation and public facilities may authorize 06 facilities and access roads in the highway right-of-way and the commissioner of 07 natural resources may authorize easements on state land within the corridor from the 08 E. L. Patton Bridge north to the southern boundary of the North Slope Borough to 09 facilitate access under (a)(1) - (4) of this section and to provide motorized access to 10 (1) adjacent federal land; 11 (2) Native allotments; and 12 (3) land conveyed to and held by Alaska Native corporations under the 13 Alaska Native Claims Settlement Act. 14 (e) Nothing in this section affects the validity of regulations adopted by the 15 Board of Game under AS 16.05.255 relating to hunt qualifications or the permissible 16 means of accessing certain hunting opportunities. 17 * Sec. 3. AS 29.40.080 is amended by adding a new subsection to read: 18 (c) The assembly may by ordinance allow the platting authority to approve a 19 division of a tract or parcel of land that has not previously received platting approval. 20 * Sec. 4. AS 38.04.065(f) is amended to read: 21 (f) Each decision about the location of easements and rights-of-way, other 22 than for minor access, shall be integrated with land use planning and classification. In 23 this subsection, "minor access" means 24 (1) an easement for fiber optic cable of any length in an area where 25 the land has not yet been classified; and 26 (2) other comparable easements as determined by the 27 commissioner in regulation. 28 * Sec. 5. AS 38.05.850(a) is amended to read: 29 (a) The director, without the prior approval of the commissioner, may issue 30 permits, rights-of-way, or easements on state land for roads, trails, ditches, field 31 gathering lines or transmission and distribution pipelines not subject to AS 38.35,
01 telephone or electric transmission and distribution lines, log storage, oil well drilling 02 sites and production facilities for the purposes of recovering minerals from adjacent 03 land under valid lease, and other similar uses or improvements, or revocable, 04 nonexclusive permits for the personal or commercial use or removal of resources that 05 the director has determined to be of limited value. The commissioner, upon 06 recommendation of the director, shall establish a reasonable rate or fee schedule to be 07 charged for these uses, subject to AS 38.95.080(g) and the exception for nonprofit 08 cooperative associations specified in (b) of this section. In the granting, suspension, or 09 revocation of a permit or easement of land, the director shall give preference to that 10 use of the land that will be of greatest economic benefit to the state and the 11 development of its resources. However, first preference shall be granted to the upland 12 owner for the use of a tract of tideland, or tideland and contiguous submerged land, 13 that is seaward of the upland property of the upland owner and that is needed by the 14 upland owner for any of the purposes for which the use may be granted. 15 * Sec. 6. AS 38.95.080(a) is repealed and reenacted to read: 16 (a) The commissioner may issue a nonexclusive nontransferable permit to a 17 person qualified under this section that, subject to conditions imposed under (c) of this 18 section, entitles the person to 19 (1) construct and use a trapping cabin on state land if the cabin does 20 not exceed 400 square feet in size; or 21 (2) use an existing cabin on state land, regardless of size, if 22 (A) the owner of the cabin approves; or 23 (B) the cabin is not owned by another person. 24 * Sec. 7. AS 38.95.080(b) is repealed and reenacted to read: 25 (b) The commissioner may issue a permit to a person who 26 (1) is at least 18 years of age; 27 (2) possesses a valid trapping license issued under AS 16.05.330 - 28 16.05.430; 29 (3) provides proof acceptable to the commissioner that the person 30 (A) has an established trapline of sufficient length to justify the 31 need for cabin construction or use; and
01 (B) is engaged in trapping in the area identified in the 02 application. 03 * Sec. 8. AS 38.95.080(c) is amended to read: 04 (c) The director shall establish, by regulation, conditions for a [ATTACHING 05 TO THE] permit issued under [(a) AND (b) OF] this section. The regulations must 06 include the following [THESE] conditions [SHALL INCLUDE THE FOLLOWING]: 07 (1) a permit is valid for a period of not more than 10 years; the 08 director [PERMITS] shall continue to renew the permit for successive periods of 09 not more than 10 years [BE ISSUED FOR A PERIOD OF NOT MORE THAN 10 10 YEARS, WITH SUCCEEDING 10-YEAR RENEWAL OPTIONS,] if the permit 11 holder 12 (A) establishes the person's periodic use and occupancy of 13 the cabin; 14 (B) meets [IS ESTABLISHED, AND] the qualifications of [(a) 15 OF] this section [CONTINUE TO BE MET]; 16 (2) an existing [A] cabin or a cabin authorized for construction 17 under a permit issued under this section shall be [CONSTRUCTED AND] 18 maintained according to reasonable specifications established by the commissioner 19 [DIRECTOR]; 20 (3) a primary [ONE] cabin authorized for construction 21 [CONSTRUCTED] under a permit issued under this section may [CONTAIN] not 22 exceed [MORE THAN] 400 square feet; [HOWEVER, IN NO CASE MAY] another 23 cabin constructed under the same permit may not exceed 192 square feet; 24 (4) a permit may be issued for an existing cabin that exceeds 400 25 square feet if 26 (A) the cabin is intended for use as a seasonal shelter while 27 the user is engaged in trapping or trapping-related activities; 28 (B) the person applying for the permit 29 (i) is the owner of the cabin or has previously held a 30 permit for the cabin, or is applying for a permit for a cabin that 31 does not have an owner; and
01 (ii) did not build the cabin without authorization; 02 (5) [(3)] a permit shall specify the number of cabins allowed to be 03 constructed and indicate their specific geographical location; the director may 04 establish a maximum number of cabins for each [PER] person or otherwise limit their 05 number because of the probability of adverse consequences; 06 (6) [(4)] adequate provision must be made for waste and garbage 07 disposal, as determined by the director; 08 (7) [(5)] the payment of a trapping cabin permit fee determined by the 09 director; the fee may not exceed 10 (A) $100 for the issuance or renewal of the permit; and 11 (B) $25 for each year of the term of the permit [OF $10]. 12 * Sec. 9. AS 38.95.080(d) is amended to read: 13 (d) A permit issued under [(a) AND (b) OF] this section is not a disposal of 14 interest and does not convey an interest in land, does not grant or establish a 15 preference right to a lease or purchase of land, and does not allow for other uses 16 of a cabin or land adjacent to a cabin for a purpose other than trapping. A 17 permit does not authorize the permit holder to reside at the cabin or on the state 18 land for which the person holds a permit under this section. A person may 19 [ENTITLES ITS HOLDER TO] use timber in the immediate vicinity of a [THE] cabin 20 for which the person holds a permit for personal noncommercial purposes only. 21 [NO OWNERSHIP RIGHTS TO THE LAND ARE CONVEYED BY THE 22 ISSUANCE OF A TRAPPING CABIN PERMIT UNDER THIS SECTION.] 23 * Sec. 10. AS 38.95.080 is amended by adding new subsections to read: 24 (f) Subject to (a)(2) of this section, if the director determines that it is in the 25 best interests of the state, the director may issue multiple permits for the use of a 26 trapping cabin. 27 (g) The department may not charge an additional land use fee for the use or 28 construction of a trapping cabin authorized by a permit issued under this section. 29 * Sec. 11. AS 38.95.085 is amended to read: 30 Sec. 38.95.085. Definitions for AS 38.95.080 and 38.95.085 [AS 38.95.075 - 31 38.95.085]. In AS 38.95.080 and 38.95.085 [AS 38.95.075 - 38.95.085],
01 (1) "commissioner" means the commissioner of natural resources; 02 (2) "department" means the Department of Natural Resources; 03 (3) "director" means the director of the division of lands in the 04 department. 05 * Sec. 12. AS 40.15.010 is amended to read: 06 Sec. 40.15.010. Approval, filing, and recording of subdivisions. Before the 07 lots or tracts of any subdivision or dedication may be sold or offered for sale, the 08 subdivision or dedication shall be approved by the authority having jurisdiction, as 09 prescribed in this chapter and shall be filed and recorded in the office of the recorder. 10 The recorder may not accept a subdivision or dedication for filing and recording 11 unless it shows this approval. However, the recorder may accept for filing and 12 recording a division of a tract or parcel of land approved under AS 29.40.080(c). 13 * Sec. 13. AS 38.95.075 is repealed. 14 * Sec. 14. Sections 1, 2, 4 - 11, and 13 of this Act take effect immediately under 15 AS 01.10.070(c).