Title 38 — Public Land
17 chapters · 340 sections in this title.
AS 38.05.235 Lien for annual labor is independent of other liens.
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The lien given for the performance of annual labor by AS 38.05.230, if the work is done in good faith and necessarily for the protection either of possession under a certificate of sale or of an attachment, levy, mortgage, judgment, or other lien, remains in effect notwithstandin…
AS 38.05.240 Labor defined for AS 38.05.210 — 38.05.235.
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In AS 38.05.210 — 38.05.235, “labor” includes work performed or improvements made in good faith on or for the benefit of a mining claim, leasehold location, or mining lease that is directly related to exploring for, developing, or producing minerals, including (1) excavating, tun…
AS 38.05.242 Definitions for AS 38.05.210 — 38.05.240.
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In AS 38.05.210 — 38.05.240, (1) “airborne survey” means a survey from the air for mineral deposits by the proper application of magnetometers, electromagnetic input systems, infrared detectors, side-looking radar, vertical and panoramic cameras, and other devices as they relate …
AS 38.05.245 Prospecting sites.
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(a) Before the discovery of valuable minerals, an exclusive right to prospect by geophysical, geochemical, and similar methods may be acquired by establishing a prospecting site in accordance with the MTRSC system and regulations prescribed by the commissioner. A certificate of l…
AS 38.05.250 Prospecting permits and leases on tide and submerged land.
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(a) The exclusive right to prospect for deposits of minerals subject to AS 38.05.185 — 38.05.275 in or on tide and submerged state land may be granted by a permit issued by the director. A permit shall be granted to the first qualified applicant. A permit may not include an area …
AS 38.05.252 Extralateral rights under shore, tide, and submerged land.
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(a) Extralateral rights under shoreland, tideland, and submerged land are confirmed and granted to an owner of a lode mining claim located before January 3, 1959, under the mining laws of the United States. (b) In this section, “extralateral rights” means rights given to an owner…
AS 38.05.255 Surface use of land or water.
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(a) Surface uses of land or water included within a mining property by the owners, lessees, or operators shall be limited to those necessary for the prospecting for, extraction of, or basic processing of minerals and shall be subject to reasonable concurrent uses. Leases for mill…
AS 38.05.260 Water rights where claim includes both banks of a stream. [Repealed, § 2 ch 50 SLA 1966. For current law see AS 46.15.]
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[Repealed or reserved.]
AS 38.05.265 Abandonment.
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(a) Failure to perform the labor or make improvements or make a payment in lieu of labor under AS 38.05.210(a), timely record a certificate of location or statement of annual labor, timely pay any required annual rental, or timely pay any required production royalty under AS 38.0…
AS 38.05.270 Transfers.
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Evidence of a sale, lease, or other transfer of mining property or interest in mining property shall be recorded.
AS 38.05.275 Recognition of locations.
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(a) Mining locations made on state land, including shoreland, tideland, or submerged land, or state selected land, under AS 38.05.185 — 38.05.275 or in the manner described in AS 27.10, acquire for the locator mining rights under AS 38.05.185 — 38.05.275, subject to existing clai…
AS 38.05.280 [Renumbered as AS 38.05.242.]
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Article 9. Multiple Use of State Land.
AS 38.05.285 Multiple use.
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Article 10. Land Selection. Disposal and use of state land shall conform to the constitution of the State of Alaska and the principles of multiple purpose use consistent with the public interest.
AS 38.05.290 Selection practice.
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Article 11. Parks and Recreation Areas. (a) The selection of grant, lieu and indemnity land shall conform to this chapter and the policy, orders and regulations adopted by the commissioner. The commissioner shall give preference of selection to the land which will provide the max…
AS 38.05.295 Parks and recreation areas.
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Article 12. Classification of Land. The commissioner shall establish a policy and adopt regulations by which parks and recreation areas, including public scenic overlooks and cultural sites, shall be developed and managed in a manner that will best serve the interests of the peop…
AS 38.05.300 Classification of land.
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(a) The commissioner shall classify for surface use land in areas considered necessary and proper. This section does not prevent reclassification of land where the public interest warrants reclassification, nor does it preclude multiple purpose use of land whenever different uses…
AS 38.05.301 [Renumbered as AS 38.05.830.]
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[Repealed or reserved.]
AS 38.05.305 Notice and review. [Repealed, § 45 ch 113 SLA 1981. For current law see AS 38.05.945.]
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[Repealed or reserved.]
AS 38.05.310 [Renumbered as AS 38.05.840.]
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[Repealed or reserved.]
AS 38.05.315 [Renumbered as AS 38.05.810.]
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[Repealed or reserved.]
AS 38.05.320 [Renumbered as AS 38.05.820.]
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[Repealed or reserved.]
AS 38.05.321 Restriction on sale, lease, or other disposal of agricultural land.
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(a) The department shall include in a document that conveys state land classified as agricultural land (1) a perpetual covenant for the benefit of all Alaska residents and running with the land that restricts or limits the use of the land for agricultural purposes; and (2) one of…
AS 38.05.323 [Renumbered as AS 38.05.821.]
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[Repealed or reserved.]
AS 38.05.325 Homestead entry. [Repealed, § 45 ch 85 SLA 1979. For current law see AS 38.09.]
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[Repealed or reserved.]
AS 38.05.330 [Renumbered as AS 38.05.850.]
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[Repealed or reserved.]
AS 38.05.335 [Renumbered as AS 38.05.860.]
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[Repealed or reserved.]
AS 38.05.340 [Renumbered as AS 38.05.920.]
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[Repealed or reserved.]
AS 38.05.345 [Renumbered as AS 38.05.945.]
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[Repealed or reserved.]
AS 38.05.346 [Renumbered as AS 38.05.946.]
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[Repealed or reserved.]
AS 38.05.347 Transfer of state land to cities. [Repealed, § 6 ch 218 SLA 1976; § 15 ch 257 SLA 1976.]
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[Repealed or reserved.]
AS 38.05.348 [Renumbered as AS 38.05.870.]
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[Repealed or reserved.]
AS 38.05.349 [Renumbered as AS 38.05.872.]
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[Repealed or reserved.]
AS 38.05.350 [Renumbered as AS 38.05.910.]
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[Repealed or reserved.]
AS 38.05.351 [Renumbered as AS 38.05.930.]
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[Repealed or reserved.]
AS 38.05.355 [Renumbered as AS 38.05.950.]
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[Repealed or reserved.]
AS 38.05.360 Waste or injury to land. [Repealed, § 21 ch 166 SLA 1978. For current law see AS 11.46.]
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[Repealed or reserved.]
AS 38.05.362 Agricultural land classification. [Repealed, § 88 ch 152 SLA 1984.]
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[Repealed or reserved.]
AS 38.05.365 [Renumbered as AS 38.05.965.]
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[Repealed or reserved.]
AS 38.05.370 [Renumbered as AS 38.05.990.]
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Article 13. State Control of Certain Land.
AS 38.05.500 Electorate determinations.
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The people of the State of Alaska determine that: (1) the intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as …
AS 38.05.501 Management.
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(a) The Department of Natural Resources shall manage the land which is the subject of AS 38.05.500 — 38.05.505. The department will use the provisions of this chapter for the management of the land except to the extent that the provisions of AS 38.05.500 — 38.05.505 provide to th…
AS 38.05.502 Property of the people.
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Subject to valid existing rights of applicants for land, upon February 21, 1983, all land in the state and all minerals not previously appropriated are the exclusive property of the people of the state and the state holds title to the land and minerals in trust for the people of …
AS 38.05.503 Treaties and compacts.
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Land in the state which has been administered by the United States under international treaties and interstate compacts will continue to be administered by the state in conformity with those treaties and compacts.
AS 38.05.504 Proceeds to the general fund.
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The proceeds of sales, fees, rents, royalties or other receipts from the land paid to the state under the provisions of AS 38.05.500 — 38.05.505 shall be deposited in the general fund, and the legislature may provide for payments in lieu of taxes to local governments.
AS 38.05.505 Exclusive enforcement.
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Article 14. Material Sales. (a) The state has exclusive jurisdiction to enforce the provisions of AS 38.05.500 — 38.05.505. (b) An individual may institute a civil action to recover damages for injury or loss sustained as the result of a violation of the provisions of AS 38.05.50…
AS 38.05.550 Disposal of materials.
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(a) All materials owned by the state may be sold or conveyed as provided in AS 38.05.550 — 38.05.565. (b) Materials may only be sold or removed from sources or sites designated by the department. The department shall issue a decision under AS 38.05.035(e) that the sale and extrac…
AS 38.05.555 Negotiated sales and personal use of materials.
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(a) Notwithstanding any other provision of AS 38.05.550 — 38.05.565, the director may negotiate the sale of any amount of materials from a source or site designated under AS 38.05.550(b). The period of a contract for a sale of materials negotiated under this section may not excee…
AS 38.05.560 Competitive sales of materials.
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(a) The department shall offer materials from a source or site designated under AS 38.05.550(b) for competitive sale if the department determines that (1) the sale would result in an exclusive use by the purchaser of a designated source or site; (2) materials available at a desig…
AS 38.05.562 Violations.
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Violation of any provision of AS 38.05.550 — 38.05.565 or the terms of the contract of sale subjects the purchaser to appropriate legal action.
AS 38.05.565 Sale or disposal of materials for special purposes.
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Article 15. Remote Recreational Cabin Site Sales and Leases. (a) The department may negotiate the sale or otherwise dispose of materials from sources or sites other than those designated under AS 38.05.550(b) to (1) municipalities, other state and federal agencies, or other entit…