The commissioner of natural resources shall appoint a deputy commissioner of natural resources.
The principal executive officer of the Department of Natural Resources is the commissioner of natural resources.
Repealed or Renumbered
Repealed or Renumbered
Article 03. CARBON SEQUESTRATION
(1) 'carbon sequestration' means the long-term storage of carbon in forests, soils, the ocean, and other carbon sinks;
(2) 'commissioner' means the commissioner of natural resources.
(a) The Department of Natural Resources shall administer the state program for the conservation and development of natural resources, including forests, parks, and recreational areas, land, water, agriculture, soil conservation, and minerals including petroleum and natural gas, but excluding commercial fisheries, sport fish, game, and fur-bearing animals in their natural state.
(b) The Department of Natural Resources shall administer and maintain a recording system established under the laws of this state.
(a) To carry out its duties under AS 38.05.801 , the Department of Natural Resources shall establish a separate unit with responsibility for management of the mental health trust land.
(b) The employees of the unit established under this section are in the exempt service under AS 39.25.110 .
The Department of Natural Resources shall
(1) get and distribute information on subjects connected with agriculture;
(2) control and regulate the entry and transportation of seeds, plants, and other horticultural products;
(3) control and eradicate the spread of pests injurious to plants, trees, vegetables, livestock, poultry;
(4) aid in developing used and unused agricultural resources; and
(5) experiment and determine practical methods of growing, processing, soil analysis, eradication of obnoxious weeds, control of insects, and cheaper and more satisfactory methods of land clearing.
(1) 'commission' means the Alaska Seismic Hazards Safety Commission;
(2) 'disaster preparedness' means establishing plans and programs for responding to and distributing funds to alleviate losses from a disaster as defined in AS 26.23.900 ;
(3) 'seismic hazard mitigation' or 'mitigation' mean activities that prevent or alleviate the harmful effects of seismic hazards to persons and property, including identification and evaluation of the seismic hazards, assessment of the risks, and implementation of measures to reduce potential losses before a damaging event occurs.
(a) In consultation with the commissioner of environmental conservation, the commissioner shall make efforts to assess state and private land in the state for past carbon sequestration and future carbon sequestration potential. The assessment shall seek to quantify carbon sequestration associated with agricultural, forest, soil, and land management systems in this state. From time to time, the commissioner may update the findings as advancements in understanding of the processes of carbon sequestration and new data become available.
(b) The assessment described in this section shall be conducted in a manner that provides a means for the state and owners of private land to estimate past and future net carbon sequestration resulting from agricultural and forestry practices, conservation measures, management systems, and land uses.
The Department of Natural Resources shall
(1) sponsor, engage in, and direct fundamental research into the archeology of the state and encourage and coordinate archeological research and investigation undertaken in the state;
(2) cooperate with the Alaska Historical Commission in performing their functions under AS 41.35;
(3) ensure that historic, prehistoric, and archeological resources are properly reported by persons or agencies engaged in public construction work, and protect sites and objects of significance discovered at state sites or discovered during the course of public construction, and encourage the protection of sites and objects discovered during the course of any other construction work;
(4) investigate reported historic, prehistoric, or archeological resources and appraise them for any future excavation, preservation, and interpretation;
(5) serve as a central clearinghouse for information on all historic, prehistoric, and archeological resource excavation in the state.
(a) The Alaska Seismic Hazards Safety Commission is established in the Department of Natural Resources. The Department of Natural Resources shall provide staff support to the commission.
(b) The commission is composed of nine members appointed by the governor for terms of three years. A member holds office until a successor is appointed. A vacancy is filled for the unexpired term.
(c) The governor shall appoint to the commission
(1) a representative from the University of Alaska;
(2) a representative from local government;
(3) a representative from the Department of Natural Resources;
(4) a representative from the Department of Military and Veterans' Affairs;
(5) a representative from an appropriate federal agency;
(6) a representative of the insurance industry; and
(7) three members from members of the public who are expert in the fields of geology, seismology, hydrology, geotechnical engineering, structural engineering, emergency services, or planning.
(d) The commission shall elect annually from its members a chair and vice-chair. A majority of the commission may vote to replace an officer of the commission.
(e) Six members constitute a quorum.
(f) Members of the Alaska Seismic Hazards Safety Commission serve without compensation but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 .
(a) The commission shall
(1) recommend goals and priorities for seismic hazard mitigation to the public and private sectors;
(2) recommend policies to the governor and the legislature, including needed research, mapping, and monitoring programs;
(3) offer advice on coordinating disaster preparedness and seismic hazard mitigation activities of government at all levels, review the practices for recovery and reconstruction after a major earthquake, and recommend improvements to mitigate losses from similar future events;
(4) gather, analyze, and disseminate information of general interest on seismic hazard mitigation;
(5) establish and maintain necessary working relationships with other public and private agencies;
(6) review predictions and warnings issued by the federal government, research institutions, and other organizations and persons and suggest appropriate responses at the state and local levels; and
(7) review proposed seismic hazard notifications and supporting information from state agencies, evaluate possible socioeconomic consequences, recommend that the governor issue formal seismic hazard notifications when appropriate, and advise state and local agencies of appropriate responses.
(b) The commission may
(1) advise the governor and the legislature on disaster preparedness and seismic hazard mitigation and on budgets for those activities and may recommend legislation or policies to improve disaster preparedness or seismic hazard mitigation;
(2) conduct public hearings;
(3) appoint committees from its membership and appoint external advisory committees of ex-officio members; and
(4) accept grants, contributions, and appropriations from public agencies, private foundations, and individuals.
(a) The commissioner of natural resources, in consultation with the commissioner of environmental conservation, shall conduct research, surveys, and appropriate studies relating to carbon sequestration.
(b) The commissioner of natural resources, in consultation with the commissioner of environmental conservation, shall
(1) prepare the reports required by AS 44.37.200 - 44.37.220 and conduct the assessment described in AS 44.37.210 ;
(2) recommend policies or programs to enhance the ability of the state to participate in systems of carbon trading; the recommendations may include potential policies or programs designed to optimize economic benefits to private landowners participating in carbon transactions; the policies or programs may include identifying existing nonprofit organizations or other public or private entities or the potential of creating nonprofit organizations or other public or private entities capable of serving as assemblers of carbon credits or as intermediaries on behalf of producers in carbon-trading systems;
(3) encourage the production of educational and advisory materials regarding carbon sequestration on state and private land and participation in systems of carbon emissions trading;
(4) identify and recommend areas of research needed to better understand and quantify the process of carbon sequestration; and
(5) review the carbon sequestration programs and policies of other states.
The deputy commissioner of natural resources appointed under AS 44.37.055 has, but not by way of limitation, the following powers and duties regarding functions under AS 41.14 and AS 41.17:
(1) to adopt regulations to carry out the purposes of AS 41.14.840 - 41.14.900;
(2) to enter into cooperative agreements with agencies of the federal government, educational institutions, or other agencies or organizations, when in the public interest, to carry out the purposes of AS 41.14.840 - 41.14.900;
(3) to initiate or conduct research necessary or advisable to carry out the purposes of AS 41.14.840 - 41.14.900;
(4) to perform the functions assigned in AS 41.17.
Article 02. ALASKA SEISMIC HAZARDS SAFETY COMMISSION
(a) The Department of Natural Resources shall adopt regulations establishing, modifying, or discontinuing recording districts or precincts and prescribing the records to be maintained and the instruments to be recorded, consistent with AS 40.17. A regulation may not impose a restriction on document recording unless the restriction is required by statute or furthers a legitimate administrative need of the recorder; a 'legitimate administrative need' includes ensuring the legibility of the documents and identifying the parties, the capacity of each party, and the affected property.
(b) The department shall prescribe by regulation and account for recording fees and do all other things necessary to maintain the recording systems established under the laws of this state. For a document that is to be recorded for multiple purposes, the department may collect the applicable recording fee for each of the multiple purposes.
(c) The department, with the concurrence of the administrative director of courts, may appoint judicial employees to perform services in connection with recording, providing access to, and copying documents in locations where the department has not otherwise designated a public office to perform those functions.
(d) [Repealed, Sec. 14 ch 119 SLA 1996].
(e) In addition to the recording system established under AS 40.17, the commissioner of natural resources may by regulation establish a system for recording and filing documents to enable members of the public to safeguard documents. Recording or filing a document in the system established under this subsection does not provide constructive notice for any purpose.
(f) Under AS 37.05.146 (c), fees for services of the Department of Natural Resources for recording and related services under this section shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.
(a) This section applies to administrative appeals or petitions for reconsideration of a decision in an administrative appeal to the commissioner of natural resources, except for those administrative appeals or petitions done under AS 38.35 or AS 43.82. If a conflict occurs between this section and other state law existing at the time of enactment of this section, the provisions of this section control.
(b) If a person is aggrieved by a decision of the Department of Natural Resources not made by the commissioner and is otherwise eligible to seek the commissioner's review of the decision, the person may appeal to the commissioner. The person may not file a petition for reconsideration of the commissioner's decision on the appeal. The commissioner's decision on the administrative appeal is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
(c) If a person is aggrieved by a decision of the department made by the commissioner and is otherwise eligible to seek the commissioner's review of the decision, the person may not appeal that decision to the commissioner; however, the person may petition the commissioner for reconsideration of the commissioner's decision. The commissioner's decision made upon reconsideration or the commissioner's failure to act on the petition for reconsideration is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
(d) If a person has a right to petition for reconsideration under AS 44.62.540 or this section, the person has a total of 20 days, including the time available under AS 44.62.540 , in which to file a petition for reconsideration with the commissioner.
(e) The department may adopt regulations to implement and interpret this section.
(a) The Department of Natural Resources shall maintain a central filing office for the filing of documents relating to secured transactions under AS 45.29.
(b) The Department of Natural Resources may adopt regulations prescribing the records to be maintained and the documents to be filed, consistent with AS 45.29.
(c) The Department of Natural Resources shall prescribe in regulation, and account for, filing fees and shall do all other things necessary to maintain the central filing office. For a document that is to be filed for multiple purposes, the department may collect the applicable filing fee for each of the multiple purposes.
(d) To keep the filing office regulations and practices of the filing office in harmony with the regulations and practices of filing offices in other jurisdictions that enact laws that are substantially similar to AS 45.29.501 - 45.29.525, and to keep the technology used by the filing office compatible with the technology used by filing offices in those other jurisdictions, the Department of Natural Resources, so far as is consistent with the purposes, policies, and provisions of AS 44.37.010 - 44.37.050, in adopting, amending, and repealing filing office regulations, shall
(1) consult with filing offices in other jurisdictions that enact laws that are substantially similar to AS 45.29.501 - 45.29.525; and
(2) consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
(3) take into consideration the regulations and practices of, and the technology used by, filing offices in other jurisdictions that enact laws that are substantially similar to AS 45.29.501 - 45.29.525.
(e) The Department of Natural Resources shall report annually on or before January 15 to the governor on the operation of the filing office described in AS 45.29.501 (a)(2). The report must contain a statement of the extent to which the filing office regulations are not in harmony with
(1) the regulations of filing offices in other jurisdictions that enact laws that are substantially similar to AS 45.29.501 - 45.29.525 and the reasons for these variations; and
(2) the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.
(f) Under AS 37.05.146 (c), fees for services of the Department of Natural Resources related to uniform commercial code filing under this section shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.
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