Answer»
- The GCP will be authorized pursuant to Alaska Statutes (AS) 38.05.020 – Authority and duties of the commissioner, AS 38.05.035 – Powers and duties of the director, and AS 38.05.850, Permits.
- Specifically the general grant in AS 38.05.035(4) gives the director of DNR the power to, “prescribe application procedures and practices for the sale, lease, or other disposition of available land, resources, property, or interest in them;” and AS 38.05.035(6) states that the director may, “under the conditions and limitations imposed by law and the commissioner, issue deeds, leases, or other conveyances disposing of available land, resources, property, or any interests in them.
- Further more AS 38.05.035(13)(b)(10)(e) states that: “Upon a written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources, property, or interests in them. In approving a contract under this subsection, the director need only prepare a SINGLE written finding. In addition to the conditions and limitations imposed by law, the director may impose additional conditions or limitations in the contracts as the director determines, with the consent of the commissioner, will best serve the interests of the state.”
- This BROAD authority to dispose of “interests” in “land, resources and property” NECESSARILY includes arrangements that are not outright SALES or leases, including concession contracts, licenses, permits, etc. Concession contracts are legally indistinguishable from licenses or permits.
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