Legislature(2025 - 2026)BUTROVICH 205
03/17/2025 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB105 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 105 | TELECONFERENCED | |
SB 105-STATE LAND FOR RECREATIONAL CABIN SITES
3:30:35 PM
CHAIR GIESSEL announced the consideration of SENATE BILL NO. 105
"An Act relating to the lease and sale of state land for
recreational cabin sites; and providing for an effective date."
3:31:34 PM
JOHN BOYLE, Commissioner, Department of Natural Resources (DNR),
Anchorage, Alaska, introduced himself and Director Christy
Colles, Division of Mining, Land and Water for the Department of
Natural Resources (DNR).
3:32:00 PM
COMMISSIONER BOYLE introduced SB 105 on behalf of the
administration. He explained that SB 105 was driven by a high-
level policy rationale - with less than one percent of Alaska in
private hands, the relative dearth of private lands made it
challenging for people who hoped to have a little piece of
Alaska to make their own. He pointed out that limited supply
means higher prices, and the governor's rationale was to
increase the supply of land available to Alaskans so they can
pursue more private, personal recreation and responsible use. He
said SB 105 aimed to create a mechanism allowing people to
select sites that are special to themplaces where they
recreate, find cathartic release from modern urban society, and
remind themselves why they live in Alaska.
3:33:46 PM
COMMISSIONER BOYLE said the governor believed people should have
the freedom to choose suitable places for themselves, rather
than a command-and-control approach where government dictated
where certain things can and cannot occur. He said this was
about getting Alaska back to its roots, giving people the
ability to stake out a piece of land and feel they have some
skin in the game in making Alaska their home. He said SB 105
sought to streamline the process for leasing and purchasing
recreational cabin sites, which had been thorny in the past, and
to support economic opportunities tied to outdoor recreation and
stewardship by enabling people to pick up a piece of the state
and pursue their dreams.
3:35:09 PM
COMMISSIONER BOYLE emphasized that SB 105 would help level the
playing field for those who recently entered the state and had
not yet had a chance to find a piece of Alaska to call their
own, build family memories, and develop a special connection to
a place.
3:35:57 PM
SENATOR DUNBAR suggested the assertion that less than one
percent of Alaska lands were in private hands was in error. He
pointed out that Alaska Native Corporations were private
corporations [holding large areas of land] and while there may
be less than one percent of Alaska held in private individual
hands, more than one percent of Alaska was privately owned.
3:36:17 PM
COMMISSIONER BOYLE deferred to experts regarding the accurate
percentage and maintained that a very small percentage of Alaska
lands was held by any form of a private entity.
3:36:45 PM
CHRISTY COLLES, Director, Division of Mining, Land and Water,
Department of Natural Resources (DNR), Anchorage, Alaska, began
a presentation on SB 105. She moved to slide 2:
[Original punctuation provided.]
SB 105:Purpose
Article VIII, Section 1 of the Alaska Constitution:
It is the policy of the State to encourage the
settlement of its land and the development of its
resources by making them available for maximum use
consistent with the public interest.
The bill will provide opportunities for Alaskans to
utilize state land and will increase the amount of
Alaska land owned by individuals.
The bill aligns with the Governor's priority to put
Alaska land into Alaskan hands.
MS. COLLES noted that Article VIII, Section 1 of the Alaska
Constitution set a policy to encourage settlement and
development of resources for maximum use consistent with the
public interest. She said expanding private land ownership would
directly support this policy by fueling economic growth,
strengthening property rights, and fostering responsible land
stewardship. She asserted that when individuals own land, they
invest in improvements that drive demand for housing,
infrastructure, and local businesses, stimulating job creation,
raising property values, and broadening the tax base. She noted
that SB 105 did not authorize commercial development but
predicted that private sales would naturally spur economic
activity.
3:37:47 PM
MS. COLLES said as populations grew in newly developed areas,
demand for goods, services, and public infrastructure would
increase, encouraging small businesses and service providers to
establish themselves. Private ownership would enable diverse and
efficient development, allowing communities to grow organically
while keeping local decision making at the forefront. She noted
that selling state land was already a long-standing practice,
and DNR facilitated both competitive and noncompetitive sales.
SH said SB 105 would provide another opportunity to fulfill the
constitutional mandate and advance the governor's vision of
expanding private land ownership. She said by placing more land
into the hands of Alaskans, the state would unlock new pathways
to home ownership, business expansion, and responsible resource
development, building a stronger, more self-sufficient Alaska.
She concluded it was the time to invest in the future by
empowering Alaskans with the opportunity to own and develop
land.
3:38:59 PM
MS. COLLES moved to slide 3, State Land, a map of Alaska
designating ownership throughout the state. She affirmed Senator
Dunbar's assertion that the Native Corporations increased the
total Alaska lands under private ownership to two to three
percent, but said private individuals held less than one
percent.
3:39:33 PM
MS. COLLES moved to slide 4, Available Land, a map of Alaska
illustrating:
? Vacant, Unappropriated, Unreserved
? Current Remote Recreation Areas
? Available Subdivision Parcels
MS. COLLES explained that the map showed land withdrawn from the
public domain by legislative action, including state parks and
game refuges. She noted the map highlighted unreserved and
unappropriated lands, also known as VU lands, defined by AS
29.65.130. She said that SB 105 extended beyond these
classifications, resulting in additional lands beyond the
approximately 47 million acres indicated on the map.
3:40:31 PM
MS. COLLES moved to slide 5: She said subdivision sales served
individuals who wanted established lots designed by the
department, with platted or developed roads. Fair market value
was set, and buyers could bid the minimum fair market price or
higher through the sealed bid process. If a parcel received no
bids, it was either moved to the following year or placed in
over-the-counter sales. SB 105 would not change the way
subdivision sales were conducted.
[Original punctuation provided.]
Current Land Sale Programs
? Subdivision Sales
? Create subdivision through platting
? Complete survey and appraisal
? Provide auction for purchase
MS. COLLES said the remote recreational cabin staking program
appealed to those with a pioneer spirit who wanted to stake
their own boundaries within large areas the state designated for
this type of sale.
? Remote Recreational Staking Program
? Identifies and develops staking area
? Offers land and holds drawing to stake
? Applicant staking, leasing, and purchase
MS. COLLES said SB 105 sought to maintain these existing
offerings while adding an option that would allow individuals to
nominate a site the department had not already identified.
3:41:35 PM
SENATOR WIELECHOWSKI asked to return to slide 4. He asked for an
explanation for the meaning of the colors on the map.
3:41:52 PM
MS. COLLES said the blue represented vacant, unappropriated,
unreserved lands. She said the focus of the map was that blue
land, about 47 million acres. She said the classification of the
land allowed for its disposal.
3:42:26 PM
SENATOR WIELECHOWSKI asked whether the [DNR] commissioner could
dispose of vacant, unappropriated land.
MS. COLLES said [the blue] lands had classifications that made
[disposal] allowable, but that it was not legislatively
designated and was still included in public domain. She said the
lands were eligible for reclassification.
3:42:48 PM
SENATOR WIELECHOWSKI asked whether refuges and state parks were
included [as vacant, unappropriated land].
3:42:55 PM
MS. COLLES said state parks and refuges and other legislatively
designated lands were not included. She said there were
components of SB 105 that would allow some types of land that
had been pulled out through the personal use cabin program to be
considered, but she said it was a very limited amount in the
sense that not everybody can go and look at a legislatively
designated area and select lands out of that land base.
3:43:37 PM
SENATOR WIELECHOWSKI asked what use could be allowed on these
lands. He asked what disposition rights the commissioner or the
state would have with the blue designated lands.
3:43:51 PM
MS. COLLES explained that land was classified by the state and
that there were a variety of classifications. She said the
commissioner could issue a lease, grant an easement, or sell
land depending on its classification. Some land was already
classified for settlement, but some areas may not be. In those
cases, she said DNR conducted reclassifications: they talk to
the public, complete agency reviews, and determine whether an
area is a good candidate for a subdivision sale or a remote
recreation sale. She said when the decision is made, the land is
reclassified for example as settlement land so it can be
disposed of accordingly.
3:44:40 PM
SENATOR WIELECHOWSKI noted that DNR was already able to take
these actions. He asked why SB 105 was necessary.
3:44:53 PM
MS. COLLES affirmed that many actions were already possible. She
said SB 105 would allow someone to nominate land. She said under
current statute, only areas already designated by DNR were
eligible for purchase in a competitive process.
3:45:27 PM
SENATOR WIELECHOWSKI asked whether the commissioner would
consider opening a particular area [for sale] if someone
approached DNR with a specific request.
3:45:41 PM
MS. COLLES explained that it was possible for DNR to consider
[selling] areas that people nominated. She noted that the
presentation would cover the current process as well as change
proposed by SB 105.
3:46:15 PM
MS. COLLES moved to slide 6. She said the staking program
offered designated areas where individuals could select and mark
parcel boundaries within defined acreage limits. She said parcel
sizes were usually between 10 and 20 acres, subject to minimum
and maximum thresholds. Participants choose their parcel size
and establish their own corner points.
MS. COLLES said the program began in 2001. Since its inception,
DNR opened staking opportunities 16 times across 66,940 acres
within 86 staking areas. To date, 830 parcelstotaling 10,929
acreshave been sold. Slide 6 illustrates several example
staking areas:
[Original punctuation provided.]
Examples of Staking Areas
[Slide 6 includes photos of each area.]
? Mankomen Lake: 8,030 Acres
25 Staking Authorizations
? East Fork Pass: 16,350 Acres
60 Staking Authorization
? Mount Ryan II: 35,700 Acres
30 Staking Authorizations
? Snake Lake: 25,395 Acres
50 Staking Authorization
3:47:26 PM
SENATOR WIELECHOWSKI asked how many of the properties sold had
been developed.
3:47:34 PM
MS. COLLES said DNR did not track whether areas were developed.
She cited time and manpower limitations. She said the initial
staking was followed by a survey and once the purchase at fair
market value was complete, DNR would revisit the property only
if they received a report of non-compliance regarding set-backs
or other violations.
3:48:13 PM
SENATOR WIELECHOWSKI observed that SB 105 would expand [land
disposal by the state] and said it was important to understand
whether people were developing on the land [after purchase]. He
also asked how many people were returning land to the state.
3:48:35 PM
MS. COLLES said failure rates should be available to provide to
the committee. She said access challenges and financial
constraints were sometime factors.
3:48:58 PM
SENATOR MYERS asked for failure rates from public auctions and
over-the counter land sales as well.
3:49:28 PM
MS. COLLES said that failure rate data could be provided to the
committee. She clarified that sales at auction were to Alaska
residents, but that over-the-counter sales could be to non-
residents.
3:49:54 PM
MS. COLLES moved to slide 7, SB 105: Process, illustrating the
following steps prescribed by SB 105:
1. Commissioner Lists Available Lands or Nomination Received
2. Application Approved
3. Public Notice
4. Lease or Sale
5. Private Ownership
MS. COLLES explained that SB 105 would restructure the remote
recreational cabin staking program by allowing cabin sites to be
created in two ways:
(1) through the department's scheduled land offerings, which
continue the existing model and allow the commissioner to set
acreage limits; or
(2) through a new nomination process, which fixes parcel size at
10 acres. All classified general domain land would be eligible
for staking, except lands classified for mineral or oil and gas
use, unless the applicant holds a valid five-year mining claim.
MS. COLLES said SB 105 specified that nominated sites must be
spaced at least one-quarter mile apart, except for applicants
with a qualifying mining claim or applicants participating in
the personal use cabin site provisions in Section Eight. She
said that although applicants could seek sites either through
scheduled offerings or nominations, all applications would
require commissioner approval. Once approved, DNR must issue
public notice, during which the decision may be appealed.
Successful applicants may receive a lease of up to 10 years or
purchase the parcel once survey and appraisal work was
completed, with the overall intent of enabling eventual private
ownership.
3:51:08 PM
MS. COLLES moved to and narrated slide 8:
[Original punctuation provided.]
SB 105: Lease to Purchase
? Lease
? 10-year leasing period
? Allows for the assignment of a lease
? Fees for leases shall ensure a fair return to the
state
? May purchase the site at any time during the term
of the lease
? Termination of lease for non-compliance
? Purchase
? Purchase price set at fair market value, set at
the time of entry
? Lease fees will be applied to the purchase price
? Applicant must pay for appraisal, survey, and
platting
? Contract term up to 30 years
3:52:03 PM
SENATOR WIELECHOWSKI noted that the current process required
public notice. He said it appeared that no public notice would
be required under SB 105 and asked for clarification.
3:52:17 PM
MS. COLLES said public notice was required as constitutionally
mandated. She said after an application was approved, DNR would
issue a formal decision and then public notice that decision.
The public may appeal during this notice period. She said DNR
could not proceed with selling the parcel until any appeal was
resolved by the commissioner. If the appellant disagreed with
the commissioner's determination, the matter may be taken to
court.
3:52:57 PM
SENATOR WIELECHOWSKI asked for an explanation of SB 105, Section
7. He read Section 7(a): "This section establishes the
requirements for notice given by the department for the
following actions: (1) classification or reclassification of
state land under AS 38.05.300, except for land reclassified for
lease or sale under AS 38.05.600, " noting the addition of the
exception. He argued that it appeared that public notice was
being excluded.
3:53:29 PM
MS. COLLES said DNR would not be doing a 945 for public notice
of reclassification, but would necessarily provide public notice
for the disposition of public lands. She noted that there were
different types of public notice.
3:53:49 PM
SENATOR WIELECHOWSKI asked for clarification of a 945 notice.
3:53:52 PM
MS. COLLES explained that the type of notice following AS
38.05.945 prescribed a specific type of [public] notice that was
not required for every action that required public notice.
3:54:25 PM
SENATOR WIELECHOWSKI observed that DNR was not required to
provide [public] notice but does provide [public] notice and
asked whether Section 7 of SB 105 could be removed.
3:54:36 PM
MS. COLLES said the legislature could so choose. She said DNR
used AS 38.05.945 when required. She said AS 38.05.035 which
pointed to public notice for certain authorizations under AS
38.05.945. She said DNR divisions other than the Division of
Mining, Land and Water also used [AS 38.05.035].
3:55:01 PM
SENATOR WIELECHOWSKI noted the liberal use of acronyms [and
statute references]. He observed that SB 105 attracted
significant attention. He asked for an explanation of the intent
for excepting [land reclassified for lease or sale under AS
38.05.600] from notice.
3:55:26 PM
MS. COLLES answered that the intent was to streamline the
process by not requiring the same level of public notice
[prescribed by AS 38.05.945]. She reiterated that, per the
constitution, DNR always provided public notice on land
disposals and would continue to do so.
3:55:59 PM
SENATOR WIELECHOWSKI asserted that it seemed like DNR would be
using a lesser degree of public notice and for the benefit of
the public audience, he asked for an explanation of the
practical implications for lesser notice.
3:56:10 PM
RENA MILLER, Special Assistant, Commissioner's Office,
Department of Natural Resources (DNR), Anchorage, Alaska,
suggested that Chris Orman from the Department of Law (DOL) was
available online and might be able to provide an explanation for
the committee.
3:56:36 PM
CHRISTOPHER ORMAN, Assistant Attorney General, Natural Resources
Section, Department of Law, Juneau, Alaska explained that
Article VIII, Section 7 of the Alaska Constitution required
public notice of a disposal, and there was substantial case law
on what constitutes a disposal. He suggested that the core issue
at hand was distinguishing what public notice means under the
Alaska Constitution versus what is required under AS 38.05.945.
He said the 945 notice was a legislatively crafted process, and
Section (a) listed eight types of actions, such as general
classification or reclassification of land, zoning, best
interest findings under AS 38.05.035, and competitive disposals,
that the legislature determined require this higher level of
notice. Subsection (b) outlined what that notice looks like,
including posting on the Alaska Online Public Notice System for
at least 30 consecutive days and publication in display-
advertising form. Subsection (c) adds requirements to notify
municipalities, regional and village corporations, and even the
postmaster of nearby settlements. He noted that, compared to
these detailed statutory requirements, constitutional public
notice under Article VIII, Section 7, while still mandatory, was
not, arguably, as stringent.
4:00:55 PM
SENATOR DUNBAR asked whether existing law already provided a way
to structure a lease that included a lease-to-purchase option or
a first right of refusal. He noted that the presentation
referred to "lease or sale" as separate actions and questioned
whether it must always be one or the other, or whether a lease
can be structured so that it effectively allows a lease-to-buy
arrangement under current statutory authority.
4:01:33 PM
MS. COLLES explained that, for private individuals, the only
current lease structure was used in the remote recreational
cabin sites program, where the lease served as a temporary step
that allows the lessee to complete the survey and appraisal
needed before purchasing the land. In contrast, true lease-to-
sale arrangements existed mainly in public-to-public,
charitable, or some long-term commercial leases, where a
preference right might be granted at the end of the lease and a
separate decision process was required before a sale occurred.
She said for individual, private-use programs, the lease
functioned essentially as a stop-gap on the way to an eventual
purchase rather than a standalone lease-to-buy option.
4:02:34 PM
SENATOR DUNBAR referred to slide 8 and asked whether it was
possible under current law to move from lease to purchase.
4:02:55 PM
MS. COLLES said a lease-to-sale approach was possible under
current law, even though the statute does not expressly
authorize it for the remote recreational cabin program. In
practice, DNR used a lease as a practical tool to give
individuals temporary rights to the land so they can enter,
build, and complete the required survey and appraisal before
purchasing. Lease payments can later be credited toward the
purchase price and survey costs. She said SB 105 would provide a
longer 10-year lease term. Current leases were usually about
three years. SB 105 would allow enough time for both applicants
and DNR to complete survey and appraisal work.
4:04:02 PM
SENATOR DUNBAR asked what SB 105 would provide that was not
possible under current law. He asked whether there were
restrictions in the law that would prevent extending a lease
beyond three years.
4:04:25 PM
MS. COLLES deferred the question to Department of Law (DOL).
4:04:42 PM
MR. ORMAN said he would have to review the relevant statutes
before responding in full. He noted that AS 38.05.600 governed
lease-to-purchase arrangements and, to his knowledge, did not
specify lease duration. He compared with general leasing
statutes, 38.05.070 and 38.05.075, which clearly distinguished
between short-term and long-term leases using a 10-year
threshold. He wanted to verify he was not overlooking any
requirements in how DNR was implementing statute 38.05.600 and
offered to follow up.
4:05:58 PM
SENATOR KAWASAKI noted a lot of the requirements for public were
less stringent under SB 105 and asked for more details. He
specifically noted provisions for public notice under [AS
38.05.] 945 and surmised they would not be required under SB
105:
? posting in a conspicuous location in the vicinity of the
action,
? notification of parties known likely to be affected by the
action, and
? another method calculated to reach affected parties
4:06:56 PM
MS. COLLES affirmed that the public notice standard would be
different. She said DNR would post public notices on their
website and encouraged the public to look there. She said that
would be DNR's standard.
4:07:33 PM
SENATOR KAWASAKI surmised that the following methods of public
notice would no longer be provided under SB 105:
? a publication of notice displaying advertising,
? display advertising describing the proposed action and
? reference in a newspaper of statewide
4:07:58 PM
MS. COLLES affirmed that under SB 105, DNR would not provide
those types of notice.
4:08:07 PM
SENATOR KAWASAKI asked whether municipalities would be notified
[if disposal lands were located within their boundaries].
4:08:14 PM
MS. COLLES said Department of Natural Resources (DNR) often went
"above and beyond to provide notice, but that it was not
mandatory.
4:08:44 PM
SENATOR KAWASAKI surmised that regional corporations, village
corporations, postmasters and non-profit corporations would no
longer be provided with notice [of land disposal by DNR].
4:09:00 PM
SENATOR CLAMAN arrived via teleconference.
4:09:27 PM
MS. COLLES affirmed Senator Kawasaki's summary.
4:09:53 PM
12:29
MS. COLLES moved to and narrated slide 9:
[Original punctuation provided.]
Personal Use Cabin Program
? SB 105 would allow previous and current Personal Use
Cabin Program (PUCP) permit holders to nominate
their cabin sites
? In 1984, the Legislature established the Personal
Use Cabin Program
? 421 applications were received and permits were
issued
? In 1997, the Personal Use Cabin Program was repealed
? Status of permits today across the State:
? 119 permits are issued and active
? 140 permits are closed
? 162 cabins exist but the permit is not active or
is under appeal
4:12:23 PM
MS. COLLES moved to slide 10 and explained that the map of
Alaska on the slide illustrated the location of cabins in the
Personal Use Cabin Program.
4:12:32 PM
SENATOR DUNBAR noted that the map showed far fewer cabins than
actually existed in Alaska. He asked for an explanation of those
other cabins and their relationship to PUCP cabins.
4:13:13 PM
MS. COLLES explained that cabins on state land exist for many
legitimate and varied reasons, including different types of land
ownership and inholdings such as Native allotments, authorized
cabins in state parks. She said there were legally permitted
trapping cabins, cabins associated with state land sales
programs, and some unauthorized trespass cabins.
4:13:53 PM
SENATOR DUNBAR observed that many Anchorage residents had cabins
in the Mat-Su and other areas. He asked for confirmation that
they were likely acquired through private land sales or programs
other than the PUCP.
4:14:06 PM
MS. COLLES concurred.
4:14:26 PM
SENATOR MYERS noted concerns expressed to legislators centers on
Section 8 regarding state parks and other designated areas. He
asked whether it was true that SB 105 would apply only to the
limited number of sites within those areas that were already
legislatively designated under the personal use cabin program.
4:15:07 PM
MS. COLLES affirmed and clarified that no new sites could be
nominated on legislatively designated lands, including state
parks, and that there were currently no personal use cabin
program sites in state parks. She said existing sites were
located within game refuges or critical habitat areas, with
approximately 421 on record, though that number was uncertain.
She said the exact number that would qualify must be determined
on a case-by-case basis because the statute required that a
cabin be maintained, and some cabins no longer existed due to
fire, removal, or other reasons.
4:15:58 PM
MS. COLLES moved to slide 11, a summary of the Sectional
Analysis for SB 105 and provided an overview:
[Original punctuation provided.]
Sectional Analysis
Senate Bill 105 State Land for Recreational Cabin
Sites (34-GS1026\A)
Section 1 Amends AS 38.04.020(i) to remove the word
"remote."
Section 2 Amends 38.05.035(e)(6) to add a new
paragraph (I) to exclude a recreational cabin site
lease or sale from written finding requirements.
Section 3 Amends AS 38.05.045 to include repealed
and re-enacted AS 38.05.600 in list of statutes under
which land may be disposed.
Section 4 Amends AS 38.05.065(b) to include the
repealed and re-enacted AS 38.05.600 in the
requirements for land sale contract payments.
Section 5 Amends AS 38.05.125(a) to include the
repealed and re-enacted AS 38.05.600(a) in existing
statute providing reservations that must be included
in the sale, lease, or grant of state land, and in
each deed to state land, properties, or interest in
state land.
Section 6 Amends AS 38.05.600 by repealing the
existing remote recreational site statute and re-
enacting it as follows:
(a) Provides and intent statement for this section of
statute that draws from the Constitution of the
State of Alaska and the Alaska Land Act.
(b) Directs the Commissioner of DNR to administer a
program to lease and sell state lands for
recreational cabin sites and to make sites
available through both a scheduled offering
program and a nomination process.
4:17:08 PM
MS. COLEES continued to provide a summary of the Sectional
Analysis for SB 105:
(c) Modifies existing staking program to allow
eligible applicants to apply for the lease or
sale of land from the schedule of land offerings
published annually by the department.
(d) Allows an eligible applicant to nominate and
apply for the lease and sale of up to 10 acres of
general domain state lands not included in the
schedule of land offerings and requires that all
nominated lands have legal access, including
access provided through generally allowed uses.
The applicant has the burden on demonstrating
that nominated land is eligible for lease and
sale.
(e) Prohibits the commissioner from approving the
sale or lease of land under this program that is
classified as mineral or oil and gas land unless
the applicant has held a valid mining claim
located on the parcel or contiguous to the parcel
for the preceding five years. Allows an applicant
holding a valid mining claim to nominate land
that is within one-quarter mile of another
recreational cabin site.
(f) Requires the department to provide public notice
of the intent to lease or sell land if the
commissioner approves the application.
(g) Authorizes the commissioner to issue a lease for
up to 10 years to an eligible applicant. Limits
use of leased land to recreational purposes only
during the term of the lease, February 19, 2025
34-GS1026\A Page 2 of 3 unless the applicant also
have a valid mining claim on the land. Requires
leased land to be surveyed at the cost of the
lessee no later than five years after
commencement of the lease. Allows the
commissioner to terminate a lease if the lessee
fails to comply with lease terms. Allows the
lessee to purchase the land at any time during
the term of the lease.
(h) Requires the commissioner to set lease fees to
ensure a fair return to the state based on the
use granted. Directs the department to manage
improvements or remaining personal property
consistent with existing statutes at AS 38.05.090
regarding removal or reversion of improvement
when a lease is terminated on state land. Allows
assignment of a lease.
(i) Provides discretionary authority to sell lands to
an eligible applicant and requires the sale be at
fair market value. Requires the sale price to a
lessee to be determined as of the time of entry
and allows lease payments to be credited toward
the purchase price. Requires the purchaser to pay
for appraisal, survey, and platting fees.
(j) Provides discretionary authority to the
commissioner to adopt regulations necessary to
implement these statutes.
(k) Defines the terms "eligible applicant" and
"resident" as they apply to this section of
statute. Provides that an eligible applicant must
be at least 18 years of age and has not leased or
purchased a recreational cabin site in the
previous 10-year period.
4:17:10 PM
MS. COLLES continued to provide a summary of the Sectional
Analysis for SB 105:
Section 7 Exempts reclassification of land under AS
38.05.600 from notice requirements under AS 38.05.945.
Section 8 Amends the uncodified law of the State of
Alaska to add a new section that addresses the
transition of personal use cabins permitted under a
previous program into the new recreational cabin sites
program established in Sec.6:
(a) Allows limited exemption from provisions in
existing statutes (AS 16.20 or AS 41.21) and
regulations adopted by DNR under specific
statutes (AS 38.04.035, AS 38.05.020, AS
41.21.020, and AS 44.37.011) that state a
personal use cabin permit does not convey any
interest in state land or grant any preference
right, and provides discretionary authority for
the commissioner to:
(1) Approve a nomination to purchase or lease
land as a recreational cabin site by a
current valid permit holder of a cabin site
and surrounding land.
(2) Approve a nomination to lease or purchase
land as a recreational cabin site by a
former permit holder, or an immediate
family member of a former permit holder,
whose permit for a cabin site and
surrounding land expired, if the personal
use cabin was maintained.
(b) Allows the department to authorize recreational
cabin sites from prior permits under this section
less than one-quarter mile from another
recreational cabin site.
(c) States that the eligible lands in regard to this
section are those sites listed in the 2025
Personal Use Cabin Permit Master List located in
the office of the director of the division of
lands.
(d) For personal use cabins previously permitted on
land set aside as special purpose sites, provides
that the land can be leased or sold regardless of
its classification and directs the commissioner
to consider whether the disposal is consistent
with the use of the land, including the
preservation of public access. February 19, 2025
34-GS1026\A Page 3 of 3
4:17:25
MS. COLLES continued to provide a summary of the Sectional
Analysis for SB 105:
Section 9 Amends the uncodified law of the State of
Alaska to add a new section relating to transition as
follows:
(a) Provides that existing leases under AS 38.05.600
before the effective date of this act are not
subject to AS 38.05.600 as repealed and reenacted
and will continue pursuant to the lease terms.
(b) Provides that land leased or sold before the
effective date of this act will be considered a
recreational cabin site for the purpose of
establishing future program eligibility.
Section 10 Repeals section 9 on June 30, 2030.
Section 11 Provides for an immediate effective date
under AS 01.10.070(c).
4:17:43 PM
SENATOR WIELECHOWSKI asked how much acreage the commissioner
could allow an individual to bid on or purchase. He asked
whether there was a maximum acreage.
4:17:58 PM
MS. COLLES said SB 105 set a maximum of ten acres for an
individual to nominate once every ten years.
4:18:09 PM
SENATOR WIELECHOWSKI asked whether the ten acre limit applied to
subdivisions.
4:18:17 PM
MS. COLLES said DNR set the acreage for subdivisions and that
the area for them could vary. She said some were as high as
twenty acres, but that they were typically ten acres.
4:18:32 PM
SENATOR WIELECHOWSKI asked how many acres would be able to be
sold [through SB 105].
4:18:40 PM
MS. COLLES said, including VU lands, which were not
legislatively designated, and not a park or critical habitat, 47
million acres or more [would be available]. She noted that not
all classified lands would be included.
4:19:10 PM
SENATOR WIELECHOWSKI asked for an explanation for excluding SB
105 from requiring a written best interest finding.
4:19:19 PM
MS. COLLES explained that a variety of authorizations were
excluded from best-interest finding to allow for less burdensome
decision processes. While a decision record would still be
maintained for appeals or court review, the intent was to
streamline the process so the program could handle high public
demand without requiring excessive staffing.
4:19:56 PM
SENATOR DUNBAR said there had been bills similar to SB 105
recently and asked how SB 105 differed. He also asked whether
the ten acre per ten year per individual limit would allow a
family of five to acquire 50 acres.
4:20:31 PM
MS. COLLES explained that SB 105 differed from earlier versions
of the bill in that it shifted away from long-term permitting or
leasing and emphasized purchase and ownership of land. She said
SB 105 also included the personal use cabin program (PUCP) to
address long-standing issues with transferring cabins,
especially when permit holders die.
MS. COLLES said that under SB 105 ownership would apply to
individuals, with a quarter-mile spacing requirement to prevent
blocking access to lakes and rivers. She noted that exemptions
to the quarter-mile rule would apply to PUCP participants and
holders of valid mining claims.
4:22:28 PM
SENATOR DUNBAR affirmed the thoughtfulness of the quarter mile
separation policy. He asked whether the nominating individual
was required to be at least 18 years old.
4:22:42 PM
MS. COLLES affirmed that an individual would have to be 18 years
of age and a resident to qualify to make a nomination.
4:22:48 PM
SENATOR MYERS noted that SB 105 referred to recreational cabin.
He asked for a clear definition and description of the intended
structure.
4:23:15 PM
MS. COLLES clarified that the [PUCP] program was intended for
private, recreational use during the lease term. She said after
a parcel was sold, the state would not monitor commercial use or
restrict the size or type of structures built. She noted that,
if a purchaser was not able to complete the purchase, SB 105
required cleanup of the land or allowed the state to retake and
resell it, potentially returning a portion of the proceeds from
any infrastructure to the individual. She said that the goal was
to avoid termination whenever possible.
4:24:11 PM
SENATOR WIELECHOWSKI asked for clarification about SB 105,
Section 8, questioning why it was uncodified. He expressed
concern about language that appeared to allow the commissioner
to lease or sell land within state parks, forests, and wildlife
or game refuges, noting an apparent contradiction between
requiring consistency with land use and permitting lease or sale
regardless of land classification.
4:25:21 PM
MS. COLLES confirmed that Senator Wielechowski's interpretation
was correct and explained that the provision applied only to
personal use cabins. She noted due diligence had been done to
identify where such cabins existed and suggested the language
may be intended to cover any unknown cabins in legislatively
designated areas. For further clarification, she deferred to Mr.
Orman.
4:25:58 PM
MR. ORMAN concurred that Section 8 applied only to personal use
cabin permit (PUCP) sites. Subsection D listed various protected
land types to ensure all existing PUCPs were included,
regardless of location, as identified on the Department of
Natural Resources' PUCP master list. He said the provision
allowed these identified sites to be nominated and considered
for disposal under the process described by SB 105. He clarified
that PUCP sites would not require the standard land
classification process for disposal, because [through SB 105]
the legislature was explicitly authorizing it, avoiding
complications given the protected status of these lands.
4:28:35 PM
SENATOR WIELECHOWSKI said he had a lot more questions but
advocated for public testimony to be heard.
4:28:48 PM
SENATOR KAWASAKI noted that cabin properties that were in the
[protected] land areas were already on a list. He asked that the
committee be provided with that list.
MS. COLLES agreed to provide the list for the committee.
4:29:24 PM
SENATOR MYERS asked for clarification that a nomination process
was already in place for other programs.
4:29:35 PM
MS. COLLES explained that there was no individual nomination
process to request a specific parcel. She said someone could
propose an idea or location for land to be sold, the state
evaluated it, and if approved, the land was opened for staking
by multiple interested parties.
4:29:54 PM
SENATOR MYERS observed that SB 105 moved toward allowing
individuals to target specific parcels for purchase, while still
requiring public notice and a competitive bidding process. He
questioned whether this could discourage nominations if
potential buyers feared being outbid by those with greater
financial resources.
4:30:24 PM
MS. COLLES explained that if someone nominated a parcel, they
would not be subject to competitive bidding. If the land was
eligible for disposal and accessible, the state would issue a
decision with public notice, after which the nominator may
purchase the parcel at fair market value and cover the costs of
appraisal and survey.
4:31:03 PM
MS. COLLES moved to and narrated slide 12:
[Original punctuation provided.]
SB 105: Fiscal Note
? One Land Surveyor position ($148.3) survey
remote cabin sites, survey instructions, and plat
reviews
? Two Natural Resource Specialist 3 positions
($124.7 each) adjudicating nomination requests
and identifying lands available through the
annual offering; completing title work and
issuing patents
MS. COLLES explained that the fiscal note from the Department of
Natural Resources (DNR), OMB Component Number 3002, dated
February 25, 2025, anticipated that the program described by SB
105 would be very popular, requiring additional personnel to
implement.
4:31:44 PM
SENATOR MYERS asked whether the expected high level of interest
had been translated into estimates of how much land would be
sold and the approximate annual revenue that could be generated.
4:32:06 PM
MS. COLLES explained that while she didn't have exact numbers,
there had been significant interest in the PUCP, which included
421 participants. She estimated that at least half, around 200
plus, of those participants would likely qualify, resulting in
decisions needing to be written for over 200 locations across
the state, in addition to other nominations. She explained that
this anticipated workload was why DNR requested additional
positions.
4:32:53 PM
CHAIR GIESSEL opened public testimony on SB 105.
4:33:36 PM
PATT GARRETT, representing self, McCarthy, Alaska, said she was
a 22-year resident, and that she restored a historic cabin on
private land within the park. She said she was concerned about
access and infrastructure. She said the McCarthy Road was
unreliable, and that the two existing outhouses required summer
pumping at the residents' expense. She said the outhouses
couldn't support additional use. She said the bridges couldn't
handle heavy equipment, and residents currently use the land for
firewood, mushrooms, and berries.
4:35:35 PM
ROBERT ARCHIBALD, representing self, Homer, Alaska, said he
opposed SB 105 due to access and environmental concerns. He
argued that proposed cabins in critical habitat areas, such as
state parks, led to damage from ATVs and other access methods,
harming the landscape. He observed conflict with the purpose of
state parks to preserve and protect the land. He recommended
that private inholdings be repurchased by the state when they
become available.
4:37:03 PM
SUE CHRISTIANSEN, representing self, Homer, Alaska, said she
strongly opposed SB 105 and advocated for much greater scrutiny.
She said said she was particularly concerned about impacts to
refuges and state parks that were established to preserve land
and water, arguing that allowing private or commercial
activities would conflict with founding statutes. She cited
existing problems with litter and poor stewardship in remote
areas. She thanked the committee for considering her concerns.
4:38:34 PM
GORDON VERNON, representing self, Homer, Alaska, said he was a
remote parcel owner and praised the program offered in the
1980s. He noted that about three of four cabin plans failed and
said there were areas along the Skwentna River where people
tried to homestead and shop at Walmart, leaving a terrible pile
of plastic and discarded baby carriages behind.
4:39:26 PM
WAYNE HALL, representing self, Anchorage, Alaska, said he was a
47-year Anchorage resident. He argued that the provisions in
Section 8b were unclear and recommended explicit prohibition of
parcels in the 14 categories of protected state land. He warned
of negative impacts on wildlife and habitat, increased wildfire
risk and state costs, and the loss of public access as private
parcels become scattered across public lands. He also objected
to allowing commercial use, subdivision, and resale of parcels,
and said lease assignments could encourage speculation and allow
non-residents to ultimately acquire the land.
4:41:11 PM
JUDY BRAKEL, representing self, Gustavus, Alaska, said she was a
lifelong southeast Alaska resident. She urged clearer language
in SB 105 to limit affected lands exclusively to sites already
on the personal use cabin permit list. She said there was
widespread concern in Gustavus about SB 105, noting decades of
community effort to preserve wild lands. She opposed the idea of
randomly selling cabin sites, warning that people tend to settle
in areas most important to wildlife, which could cause
significant harm even outside formally designated refuges.
4:43:20 PM
KASEY ADERHOLD, representing self, Homer, Alaska, said she
opposed SB 105, arguing that Alaska's low level of private land
ownership allowed the state to manage public lands for long-term
public benefit. She noted that existing processes already
allowed Alaskans to access state land for recreation and
advocated instead for investing in state parks and public use
cabins. Citing the statewide comprehensive outdoor recreation
plan (SCORP) survey, she emphasized that public use cabins were
the top recreational priority for Alaskans and would provide
broader recreational and economic benefits.
4:44:22 PM
MATTHEW ROBUS, representing self, Juneau, Alaska, described his
experience in land disposal policy as a former Director of the
Division of Wildlife Conservation and argued that settlement in
resource-rich but limited-access areas inevitably restricted
public access to those resources. He urged the legislature to be
cautious about allowing private residence decisions to drive
land use outcomes. He concluded by opposing SB 105 and
particularly Section 8, stating that the state should not
permanently dispose of land within designated special areas and
should respect past legislative decisions protecting those crown
jewels of the state's public lands.
4:46:16 PM
JAMES SQUYRES, representing self, Deltana, Alaska, said he
opposed SB 105, arguing that it applied broadly to nearly all
state land, not just designated settlement areas. He contended
that SB 105 seriously underestimated fiscal impacts,
particularly the increased wildfire suppression costs and the
strain on Forestry resources when new cabins are built outside
planned development zones. He asserted that the fiscal note was
incomplete and warned that SB 105 would trigger a one-time land
rush for prime locations. He argued that the siting and spacing
provisions of SB 105 would allow individuals or families to
effectively control large, high-value areas and restrict public
access.
4:47:59 PM
MATT OBERMILLER, representing self, Tiekel, Alaska, introduced
himself as a long-time Tiekel resident, general contractor, and
wilderness user. He strongly opposed SB 105, arguing that it was
poorly conceived and carried significant unintended
consequences. He noted that all Alaskans had broad access to
public lands and cabins, but once land was sold it would be
permanently lost to public use. He warned that SB 105 would
degrade high-quality wilderness through increased development
and access trails, citing past land disposal programs as
financial losses to the state. He concluded that SB 105 would
impose costs on all residents while disproportionately
benefiting a small, wealthy few.
[There was a problem with sound transmission and recording
between testimony from MR. OBERMILLER and MR. PARKS. The chair
called for an at-ease and subsequently reconvened the meeting
and public testimony.]
4:49:21 PM
[At ease.]
4:49:44 PM
[CHAIR GIESSEL reconvened the meeting.]
4:49:52 PM
ALAN PARKS, representing self, Homer, Alaska, opposed SB 105,
stating that it was poorly thought out and echoing concerns
raised by prior public testimony. He highlighted the importance
of strong public notice processes, noting that the elimination
of the Coastal Zone Management Plan significantly reduced
effective local awareness and participation. He concluded by
clearly stating that SB 105 was a bad bill.
4:51:11 PM
STEPHENS HARPER, representing self, McCarthy, Alaska, opposed SB
105, arguing that selling cabin sites on state land in the
McCarthy area would harm existing subsistence and recreational
uses, increase the risk of human-caused wildfires, and strain
already limited emergency services. He emphasized that the
community lacked local government capacity to manage these
impacts and contend that SB 105 improperly bypassed the ongoing
Department of Natural Resources area planning process and
established public review mechanisms.
4:52:39 PM
ROD ARNO, Policy Director, Alaska Outdoor Council (AOC), Palmer,
Alaska, AOC's opposition to SB 105, emphasizing the
organization's long-standing mission to protect public access to
public resources. He cited reduced opportunities on federal
lands for many Alaskans and stresses the importance of retaining
state lands in public ownership. He affirmed the Council's
support for existing law (AS 38.05.015) prioritizing the public
interest in keeping state land public.
4:53:55 PM
WALTER MAAKESTAD, representing self, Lake Minchumina, Alaska,
said he was a second-generation Alaskan and expressed strong
support for SB 105 as a rare opportunity for remote interior
residents to gain limited land ownership. He described decades
of personal and family investment in a trapping cabin on state
land that had become increasingly burdened by complex
regulations and costs, without the ability to pass it on to
future generations. Having lost most of his trapping camps to
wildfire, he emphasized that owning a small parcel around his
remaining cabin would preserve a meaningful site with no broader
public impact. He concluded by thanking the committee for what
he saw as the first real chance to secure personal ownership of
a small piece of state land.
4:56:28 PM
LILLIAN THORINGTON, representing self, Juneau, Alaska, Testified
in opposition to SB 105.She introduced herself as the reigning
Miss Juneau and an intern with Backcountry Hunters and Anglers
of Alaska. She emphasized the importance of public lands for
accessibility, equity, and well-being. She explained that her
advocacy platform centered on making the outdoors available to
everyone and described how access to public lands was critical
to her own development through scouting, particularly growing up
in a low-income household. She highlighted the role of public
lands in providing recreation, personal growth, and mental
health benefits, noting Alaska's elevated rates of suicide and
depression, and warned that reducing access to public lands
could harm vulnerable communities.
4:57:43 PM
SENATOR DUNBAR advocated for the testifier to complete her
reading of a quote by Henry David Thoreau.
CHAIR GIESSEL concurred.
MS. THORINGTON read:
"At present, in this vicinity, the best part of the
land is not private property; the landscape is not
owned, and the walker enjoys comparative freedom. But
possibly the day will come when it will be partitioned
off into so-called pleasure-grounds, in which a few
will take a narrow and exclusive pleasure only, when
fences shall be multiplied, and man-traps and other
engines invented to confine men to the public road,
and walking over the surface of God's earth shall be
construed to mean trespassing on some gentleman's
grounds. To enjoy a thing exclusively is commonly to
exclude yourself from the true enjoyment of it. Let us
improve our opportunities, then, before the evil days
come."
Henry David Thoreau, Walking
4:58:41 PM
MARY GLAVES, Alaska Chapter Coordinator, Backcountry Hunters and
Anglers (BHA), Juneau, Alaska, opposed Senate Bill 105, arguing
that it would reduce public access to state lands and limit
resources currently available to all Alaskans. She emphasized
that Alaska's outdoor opportunities depended on intact public
lands and warned that SB 105 would contribute to habitat
fragmentation, negatively affecting wildlife. She said BHA urged
the Senate Resources Committee to reject SB 105, citing both
immediate impacts and the broader precedent it would set for
public land management in Alaska.
4:59:39 PM
CHAIR GIESSEL left public testimony open, encouraging submittal
of written testimony.
5:00:16 PM
SENATOR DUNBAR clarified a disagreement at the beginning of the
meeting with the DNR commissioner, noting that, according to the
Department of Natural Resources (DNR) Division of Forestry, 12.1
percent of Alaska's land was privately owned, not one percent.
He emphasized that most of this private land, over 10 percent
was owned by Alaska Native corporations, which should be
recognized as private landholders. He explained that development
on Native corporation lands was possible through leasing or
ownership, but only via fair-market negotiations subject to
normal market conditions.
5:01:05 PM
CHAIR GIESSEL held SB 105 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 105 Fiscal Note DNR.pdf |
SRES 3/17/2025 3:30:00 PM |
SB 105 |
| SB 105 Sectional Analysis.pdf |
SRES 3/17/2025 3:30:00 PM |
SB 105 |
| SB105 DNR Presentation Recreational Cabins 3-17-25.pdf |
SRES 3/17/2025 3:30:00 PM |
SB 105 |
| SB 105 Public Testimony.pdf |
SRES 3/17/2025 3:30:00 PM |
SB 105 |
| SB 105 Public Testimony 3.17.25.pdf |
SRES 3/17/2025 3:30:00 PM |
SB 105 |