AS Title 38, Chapter 95: Miscellaneous Provisions

Article 1. Manner of Conveying State's Interest in Land under Its Jurisdiction. Chapter 95. Miscellaneous Provisions. Sec. 38.95.010. State's interest may not be obtained by adverse possession or prescription. No prescription or statute of limitations runs against the title or interest of the state to land under the jurisdiction of the state. No title or interest to land under the jurisdiction of the state may be acquired by adverse possession or prescription, or in any other manner except by conveyance from the state. Article 2. Contracts with Native Corporations. Sec. 38.95.050. Land management contracts with Native corporations. A corporation organized under state law pursuant to 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) may contract with the Department of Natural Resources for the management of land; however, a sale, lease, exchange or other disposal of this land may not be made without the approval of the corporation owning it. The contract is terminable upon reasonable notice by either party to it; it may cover all or a portion of the land of the corporation, and shall provide for the terms of management by reference to law or regulation or otherwise. The Department of Natural Resources is authorized to receive and expend, subject to appropriation, funds necessary to carry out its functions under this section. Sec. 38.95.060. Exchange of land. [Repealed, § 4 ch 240 SLA 1976. For current law, see AS 38.50 .] Article 3. Trapping Cabins. Sec. 38.95.075. Permits for the use of trapping cabins. Sec. 38.95.080. Trapping cabin construction and use permits. (a) The commissioner may issue a nonexclusive nontransferable permit to a person qualified under this section that, subject to conditions imposed under (c) of this section, entitles the person to (1) construct and use a trapping cabin on state land if the cabin does not exceed 400 square feet in size; or (2) use an existing cabin on state land, regardless of size, if (A) the owner of the cabin approves; or (B) the cabin is not owned by another person. (b) The commissioner may issue a permit to a person who (1) is at least 18 years of age; (2) possesses a valid trapping license issued under AS 16.05.330 — 16.05.430; (3) provides proof acceptable to the commissioner that the person (A) has an established trapline of sufficient length to justify the need for cabin construction or use; and (B) is engaged in trapping in the area identified in the application. (c) The director shall establish, by regulation, conditions for a permit issued under this section. The regulations must include the following conditions: (1) a permit is valid for a period of not more than 10 years; the director shall continue to renew the permit for successive periods of not more than 10 years if the permit holder (A) establishes the person's periodic use and occupancy of the cabin; (B) meets the qualifications of this section; (2) an existing cabin or a cabin authorized for construction under a permit issued under this section shall be maintained according to reasonable specifications established by the commissioner; (3) a primary cabin authorized for construction under a permit issued under this section may not exceed 400 square feet; another cabin constructed under the same permit may not exceed 192 square feet; (4) a permit may be issued for an existing cabin that exceeds 400 square feet if (A) the cabin is intended for use as a seasonal shelter while the user is engaged in trapping or trapping-related activities; (B) the person applying for the permit (i) is the owner of the cabin or has previously held a permit for the cabin, or is applying for a permit for a cabin that does not have an owner; and (ii) did not build the cabin without authorization; (5) a permit shall specify the number of cabins allowed to be constructed and indicate their specific geographical location; the director may establish a maximum number of cabins for each person or otherwise limit their number because of the probability of adverse consequences; (6) adequate provision must be made for waste and garbage disposal, as determined by the director; (7) the payment of a trapping cabin permit fee determined by the director; the fee may not exceed (A) $100 for the issuance or renewal of the permit; and (B) $25 for each year of the term of the permit. (d) A permit issued under this section is not a disposal of interest and does not convey an interest in land, does not grant or establish a preference right to a lease or purchase of land, and does not allow for other uses of a cabin or land adjacent to a cabin for a purpose other than trapping. A permit does not authorize the permit holder to reside at the cabin or on the state land for which the person holds a permit under this section. A person may use timber in the immediate vicinity of a cabin for which the person holds a permit for personal noncommercial purposes only. (e) Subject to (a)(2) of this section, if the director determines that it is in the best interests of the state, the director may issue multiple permits for the use of a trapping cabin. (f) The department may not charge an additional land use fee for the use or construction of a trapping cabin authorized by a permit issued under this section. (g) A person who makes a false statement as to any material fact relating to a permit issued under this section is guilty of a misdemeanor. A person who violates this subsection or any of the terms and conditions of a permit issued under this section may have the permit immediately revoked and is subject to payment of all costs required in dismantling the cabin structure. Sec. 38.95.085. Definitions for AS 38.95.080 and 38.95.085. In AS 38.95.080 and 38.95.085 , (1) “commissioner” means the commissioner of natural resources; (2) “department” means the Department of Natural Resources; (3) “director” means the director of the division of lands in the department. Article 4. Steering Council for Alaska Lands. Secs. 38.95.100 — 38.95.140. Steering Council for Alaska Lands. [Repealed, § 13 ch 43 SLA 1994.] Article 5. Survey and Improvement of State Land. Sec. 38.95.150. Survey of state land. A professional land surveyor registered to practice under AS 08.48 shall certify the location and monumentation of boundaries and the platting and subdivision of state land. This section does not apply to surveys, monumentation, platting, or subdivision performed by the federal government. Sec. 38.95.160. Improvements on state land. (a) The location and design of a publicly financed improvement on state land that costs more than $100,000 shall be supervised by a professional registered to practice under AS 08.48 . A lease, easement, right-of-way, or other similar agreement that permits the use and improvement of state land under this section shall be documented by a recorded plat. (b) In this section, (1) “publicly financed improvement” means an improvement financed with state or federal money that is constructed by the state or an instrumentality of the state and includes, but is not limited to, onshore or offshore oil drilling or pumping operations, roads, bridges, pipelines, seismic lines, logging and mining operations, dams, buildings, and electric power transmission lines; (2) “state land” does not include land owned by the Board of Regents of the University of Alaska. Article 6. Real Property Escheated to State. Sec. 38.95.200. Real property subject to escheat. (a) Real property in an intestate estate for which no taker can be found and real property devised by will for which no devisee, heir, or other claimant can be found escheats to the state. (b) Real property of a defunct organization or corporation, for which no proceeding for distribution has been instituted within four years after the organization becomes defunct, escheats to the state. Sec. 38.95.210. Enforcement of rights by department. (a) When the Department of Natural Resources is informed or has reason to believe that real property has escheated to the state, the department shall bring an action in superior court to establish whether the property has escheated to the state. (b) The department may maintain an action to recover the possession of escheated property, or for the enforcement of the state's right to the property. Sec. 38.95.220. Judgment of escheat. (a) If the superior court determines that the real property has escheated to the state, the superior court shall issue a judgment of escheat. (b) A court order approving settlement of an estate that distributes real property to the state is a judgment of escheat. Sec. 38.95.230. Management of escheated real property by department. (a) After a judgment of escheat under AS 38.95.220 , the department may sell, lease, exchange, assign, or otherwise manage real property that has escheated to the state. In determining the proper disposition of escheated real property the department shall, within two years after the judgment of escheat under AS 38.95.220 , make a written finding that it is in the best interests of the state either to (1) obtain an appraisal of the fair market value of the real property and sell, lease, exchange, assign, or otherwise manage the property, including retention in state management; or (2) retain the real property in state management without obtaining an appraisal. (b) The appraised value of property handled under (a)(1) of this section, or the selling price from a sale under AS 38.05.055 if it is lower, less the expenses of sale or appraisal, is the established value of the property for purposes of redemption by an heir or other taker under AS 38.95.240 (c). (c) Seven years after the judgment of escheat, real property that has not been otherwise disposed of by the department becomes general state land for classification, disposal, and use. Sec. 38.95.240. Time within which to claim escheated real property. (a) Within seven years after a judgment of escheat under AS 38.95.220 , a person who is not a party to the escheat proceeding may bring an action in the superior court to prove the person's claim to the real property. If the plaintiff establishes the claim and establishes that the plaintiff had no knowledge of the prior escheat proceeding, the court shall award the plaintiff the property if it has been managed under AS 38.95.230 (a)(2), or the appraised value of the property under AS 38.95.230 (b) if the property has been managed under AS 38.95.230 (a)(1). (b) If it is determined that the plaintiff is entitled to the property, the department shall deliver the property to the plaintiff. The rents, profits, interest, or dividends that accrue to the state during its possession of the property are the property of the state and may not be recovered. (c) If it is determined that the plaintiff is entitled to the appraised value of property that has been disposed of under AS 38.95.230 (a)(1), at the department's discretion it may offer to the plaintiff land owned by the state and available for disposal that is of comparable value to the appraised value under AS 38.95.230 (a)(1). If the department does not offer land of comparable value, or if the plaintiff refuses the department's offer, the plaintiff is entitled to the established value of the property under AS 38.95.230 (b). (d) The time limitation of seven years does not apply to a minor or an incapacitated person as defined by AS 13.26.005 , but such a person must bring an action to prove the person's claim to the real property within one year after the incapacity ceases. (e) This section does not prevent the state from transferring escheated real property to a person who provides proof satisfactory to the department that the person is the owner of the real property when the department determines the transfer to be appropriate. Sec. 38.95.250. Proceeds of sale or redemption. (a) The department shall deposit the proceeds of real property sold under AS 38.95.230 (a)(1) less the expenses of sale, including attorney fees and appraisal and publication costs, in an escheated real property trust account. The department shall maintain the proceeds in the account for a period of at least seven years after the date of the judgment of escheat. The department may use money in the trust account to pay claims made under AS 38.95.240 . (b) All money collected under (a) of this section not required to be kept in the escheated real property trust account shall be deposited in the general fund. Sec. 38.95.260. Disposition of sale proceeds seven years after the judgment of escheat. Seven years after the judgment of escheat, net proceeds from the sale of escheated real property may be transferred from the escheated real property trust account to the general fund and credited to the land disposal income account under AS 38.04.022 , unless a person who was the owner or one of the owners of the property when the property escheated to the state has outstanding child support obligations, in which case the proportion of the net proceeds that is attributable to the ownership interest of the person shall be applied to the satisfaction of the child support obligations and the balance remaining after the satisfaction shall be credited to the land disposal income account. Sec. 38.95.270. Definition. In AS 38.95.200 — 38.95.270, “department” means the Department of Natural Resources. Article 7. No Obligation to Provide Services to Disposals of State Land; No Limitation on Further Disposals. Sec. 38.95.300. Disclaimer applicable to state land disposals. Except as otherwise specifically provided, nothing in this title (1) obligates the state to provide services to land that is disposed of by the state, or any grantee of the state, or is the subject of any disposal program; (2) limits the authority of the state to dispose of land or any interest in land or resources in the area of the current disposal, provides any exclusive right or interest in the area of the disposal, or implies or requires that any disposals made will be limited in type or any other manner. Article 8. Carbon Offset Program. Sec. 38.95.400. Carbon offset program. (a) A carbon offset program is established in the department to undertake carbon offset projects on state land. (b) The commissioner shall adopt regulations to implement AS 38.95.400 — 38.95.499. (c) Nothing in AS 38.95.400 — 38.95.499 may be construed to prevent a private landowner from participating in a registry or exchange or to impose additional legal requirements on a private landowner undertaking the landowner's own carbon offset project. Sec. 38.95.410. Carbon offset project criteria; evaluation; best interest finding. (a) The commissioner shall adopt criteria for evaluation of a proposed carbon offset project on state land. The evaluation criteria must include, if applicable, (1) consideration of a project's baseline and predicted additionality; (2) whether registry protocols are consistent with applicable state law; (3) whether a project would be consistent with AS 38.95.400 — 38.95.499 and applicable regulations; (4) an assessment and consideration of the known mineral potential, including current claim status, within the project area; (5) reasonably foreseeable effects that a project may have on the state or local economy, including potential effects on mining, timber, and other resource development sectors; (6) consideration of the effect of the project on the state's timber industry; and (7) the proposed monetary consideration under the project, the value to the state, and the potential revenue to the state. (b) Except as otherwise provided in statute or regulation, state land shall be available for carbon offset projects. (c) Legislatively withdrawn land may not be used for a carbon offset project without approval by the legislature or as otherwise provided by law. In this subsection, “legislatively withdrawn land” means land set aside by the legislature under AS 16.20.010 — 16.20.162, 16.20.300 — 16.20.360, AS 41.21 , or AS 41.23 . (d) A carbon offset project may be undertaken on state land if the director, with the consent of the commissioner, makes a written finding that the project will best serve the interests of the state under AS 38.05.035 (e). (e) A carbon offset project term may not exceed 55 years. (f) State land used for a carbon offset project must, to the extent practicable, remain open to (1) the public for access, hunting, fishing, and other generally allowed uses as determined by the department; and (2) other resource development, including mining. (g) Notwithstanding AS 38.05.300 , state land used for a carbon offset project must remain open to mineral exploration and development. A carbon offset project under AS 38.95.400 — 38.95.499 does not constitute an exception to the requirements of AS 38.05.300 (a). Sec. 38.95.420. Registration and sale of carbon offset credits; records. (a) After a written finding under AS 38.95.410 (d), the director may enter into an agreement to register the carbon offset project to generate revenue from the sale of carbon offset credits. (b) The department shall maintain records for a carbon offset project undertaken by the department under AS 38.95.400 — 38.95.499 for the project term and any additional amount of time required by the registry. The records must include, for each carbon offset project, (1) the project term; (2) the anticipated annual carbon offset credits that the carbon offset project will yield; (3) registry agreements; and (4) project administration and technical documentation, including documentation related to project implementation, monitoring, and reporting. Sec. 38.95.430. Carbon offset revenue. Twenty percent of the revenue generated from the carbon offset program shall be deposited into the renewable energy grant fund ( AS 42.45.045 ). The remaining 80 percent of the revenue from the carbon offset program shall be separately accounted for under AS 37.05.142 and may be appropriated by the legislature. Sec. 38.95.440. Contracts. (a) Subject to AS 36.30 , the department may enter into a contract to carry out the purposes of AS 38.95.400 — 38.95.499. (b) In evaluating a proposal for a contract, including competing proposals, the department shall consider (1) the criteria included in the request for proposals; (2) the proposal's cost to the state; (3) the revenue the carbon offset project associated with the proposal is expected to generate; and (4) the anticipated terms, including monetary terms, of a contract under the proposal. (c) The department may not accept a proposed commission contract that involves a commission that exceeds 30 percent of the revenue generated by the carbon offset project. Sec. 38.95.450. Annual report. By February 1 of each year, the commissioner shall prepare a report on the carbon offset program established in AS 38.95.400 — 38.95.499, transmit the report to the senate secretary and the chief clerk of the house of representatives, and notify the legislature that the report is available. The report must contain the following information: (1) a list of all carbon offset projects that are generating or eligible to generate carbon offset credits, or that are in development, that includes (A) a general description of each project location; (B) the date a contract for a project was executed and the duration of the project; (C) the identity of each person who contracted with the state for a project; (D) a summary of each carbon offset project; (E) the status of each carbon offset project; (F) the amount of carbon offset credits generated and sold cumulatively and anticipated during the current fiscal year for each carbon offset project; (G) for a project that is in development but is not yet generating carbon offset credits, the anticipated timeline for when the project is expected to generate credits; (H) a summary of the monetary compensation agreed on for a contract or project and an explanation of how the amount was determined; and (I) the identity of each individual having an ownership interest in an entity that has contracted with the state for a project; (2) a complete list of projects that expired or were terminated during the preceding or current fiscal year and the reason the project expired or was terminated; (3) a description of revenue generated by program receipts from the carbon offset program during the preceding fiscal year, cumulatively over the life of the program, and the anticipated revenue that will be generated in program receipts in the current fiscal year; and (4) a list of all other individuals or entities with an ongoing contract with the state under AS 38.95.400 — 38.95.499 that includes, for each contract, the term length of the contract, the compensation agreed on under the contract, and a summary of the service or product provided under the contract. Sec. 38.95.499. Definitions. In AS 38.95.400 — 38.95.499, unless the context requires otherwise, (1) “additionality” means the reduction in greenhouse gas emissions or increase in carbon storage represented by a carbon offset project that is in addition to the baseline; (2) “baseline” means the anticipated amount of carbon sequestration that would occur in the absence of a carbon offset project; (3) “carbon offset credit” means a transferrable instrument that represents an emission reduction of one metric ton of carbon dioxide or other greenhouse gases; (4) “carbon offset project” includes seaweed farming, afforestation, reforestation, and similar land and resource management measures that mitigate greenhouse gases by maintaining or increasing the carbon stock on state land; (5) “commissioner” means the commissioner of natural resources; (6) “department” means the Department of Natural Resources; (7) “director” means the director of the division of lands; (8) “greenhouse gas” includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and other gases that trap and emit radiant energy in the earth's atmosphere; (9) “project term” means the duration of the commitment made by the department for a carbon offset project, ending when the state has no continuing obligation related to the project; (10) “registry” means an organization or program that registers and issues carbon offset credits for carbon offset projects; (11) “shoreland” means land belonging to the state that is covered by nontidal water and is navigable under the laws of the United States up to ordinary high water mark as modified by accretion, erosion, or reliction; (12) “state land” means all land, including shoreland, tideland, and submerged land, or resources belonging to or acquired by the state; (13) “submerged land” means land that is covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or farther as may be properly claimed by the state; (14) “tideland” means land that is periodically covered by tidal water between the elevation of mean high water and mean low water.