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Alaska Statutes Title 38. Public Land § 38.95.410. Carbon offset project criteria; evaluation; best interest finding

Current as of January 01, 2025 | Updated by Findlaw Staff

(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(c) Legislatively withdrawn land may not be used for a carbon offset project without approval by the legislature or as otherwise provided by law. In this subsection, “legislatively withdrawn land” means land set aside by the legislature under AS 16.20.010--16.20.162, 16.20.300--16.20.360, AS 41.21, or AS 41.23.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).

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Cite this article: FindLaw.com - Alaska Statutes Title 38. Public Land § 38.95.410. Carbon offset project criteria; evaluation; best interest finding - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-38-public-land/ak-st-sect-38-95-410/

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