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Alaska Statutes, Title 38

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Alaska/Statutes

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Title 38, Public Land

17 chapters · 287 sections in this title.

All chapters in Title 38287 Ch 05, Alaska Land Act.144 Ch 35, Right-of-Way Leasing Act.28 Ch 95, Miscellaneous Provisions.23 Ch 04, Policy for Use and Classification of…19 Ch 50, Exchange of State Land.15 Ch 09, Homestead Act.13 Ch 06, Alaska Royalty Oil and Gas Developme…11 Ch 20, The Alaska Coordinate System.11 Ch 08, Homesites.9 Ch 07, Clearing and Draining of Agricultura…6 Ch 10, Transfer of Tide and Submerged Land.5 Ch 34, In-State Natural Gas Pipeline.3

144 sections·Filtered byTitle 38✕Ch 05✕

AS 38.05.005 Division of lands.
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The commissioner shall control and supervise the division of lands created and established under the Department of Natural Resources. The director has administrative powers and other delegated duties, as prescribed by law or regulation.
AS 38.05.010 Appointment of director.
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The commissioner shall appoint a director. The director is the executive officer of the division of lands.
AS 38.05.015 Director serves at pleasure of commissioner.
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The director serves at the pleasure of the commissioner.
AS 38.05.020 Authority and duties of the commissioner.
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(a) The commissioner shall supervise the administration of the division of lands. (b) The commissioner may (1) establish reasonable procedures and adopt reasonable regulations necessary to carry out this chapter and, whenever necessary, issue directives or orders to the director …

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AS 38.05.021 Big game guide concession area permit program.

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(a) The commissioner shall implement a big game guide concession area permit program to limit the number of individuals authorized to conduct big game guiding on land in the state where the Board of Game has approved the establishment of a big game guide concession area under AS …

AS 38.05.023 Terms in an agreement or contract related to a North Slope natural gas project.

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(a) An agreement or contract to which the state or an entity of the state is a party that is negotiated under AS 38.05.020(b)(11) must include a requirement that the state or an entity of the state shall have access to data developed under the agreement or contract in which the s…

AS 38.05.025 Continuing regulations, agreements, etc.

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All rules, regulations, procedures, funds, contracts, and agreements established or entered into by the Department of Lands before May 2, 1959, under the authority of ch. 126, SLA 1953, as amended, and ch. 184, SLA 1957, are continued, and are subject to amendment by the commissi…

AS 38.05.027 Cooperative resource management or development agreements.

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(a) Consistent with the authority of the commissioner under law, the commissioner, after determining that the agreement is in the best interests of the public and the state, may enter into cooperative resource management or development agreements with the federal government, a st…

AS 38.05.030 Exceptions.

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(a) [Repealed, § 88 ch 152 SLA 1984.] (b) The provisions of this chapter do not apply to any power, duty or authority now or in the future granted to the Department of Transportation and Public Facilities in the name of the state, to acquire, use, lease, dispose of, or exchange r…

AS 38.05.035 Powers and duties of the director.

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(a) The director shall (1) have general charge and supervision of the division and may exercise the powers specifically delegated to the director; the director may employ and fix the compensation of assistants and employees necessary for the operations of the division; the direct…

AS 38.05.036 Audit of royalty and net profit payments and costs.

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(a) The department may conduct audits regarding royalty and net profits under oil and gas contracts, agreements, or leases under this chapter and regarding costs related to exploration licenses entered into under AS 38.05.131 — 38.05.134 and exploration incentive credits under th…

AS 38.05.037 Zoning regulations in the unorganized borough.

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(a) In areas of the state outside first, second, or third class boroughs where there is no municipality with a zoning power, the division of lands shall exercise the zoning power by adopting zoning regulations. (b) The division of lands may exercise its zoning power (1) within fe…

AS 38.05.045 Generally.

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All land owned in fee by the state or to which the state may become entitled, excepting tide, submerged, or shoreland, and timber or grazing land, may be sold as provided in AS 38.05.045 — 38.05.069 and AS 38.08. However, this section does not prevent the disposition of land as p…

AS 38.05.050 Disposal of land for private ownership.

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The commissioner shall determine the land to be disposed of for private use. The commissioner shall determine the time and place of disposal. A public auction sale, a sale by sealed bid, a lottery sale, or a disposal of land for homesites may be held in a community that is near t…

AS 38.05.055 Auction sale or sealed bid procedures.

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Unless another method of sale is required under this chapter, AS 38.08, or AS 38.09, the sale of state land shall be made at public auction or by sealed bid, at the discretion of the director, to the highest qualified bidder as determined by the director. The director may accept …

AS 38.05.057 Disposal of land by lottery.

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(a) The commissioner may dispose of land, including land limited to use for agricultural purposes, by lottery. The purchase price of land sold by lottery shall be the fair market value of the land as determined by the commissioner. The commissioner may sell land by lottery for le…

AS 38.05.059 Sale of agricultural land.

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The commissioner, after consulting with the Board of Agriculture and Conservation (AS 03.09.010), may provide for the sale of land classified under AS 38.05.020(b)(6) for agricultural uses in parcels or tracts described by aliquot parts. The parcels or tracts are subject to state…

AS 38.05.060 Rejection of bids.

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Before the signing of the formal conveyance by the director, the commissioner may reject all bids when the best interests of the state justify this action. Land offered at public sale but not sold may be made available at private sale for not less than its appraised value.

AS 38.05.065 Terms of contract of sale.

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(a) The contract of sale for land sold at public auction or by sealed bid under AS 38.05.055 shall require the remainder of the purchase price to be paid in monthly, quarterly, or annual installments over a period of not more than 20 years, with interest at the rate provided in (…

AS 38.05.067 Preference for veterans for unoccupied residential land.

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(a) Except as provided in (d) of this section, before offering to the general public any unoccupied residential land, the director shall offer the land at a restricted sale at which only veterans may buy. (b) The director may not sell the land under this section at less than the …

AS 38.05.068 Forest Service permittees' sales preference.

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(a) Before offering to the public any land which is subject to a valid existing United States Forest Service permit in effect on the day before that land is tentatively approved for patent to the state, or which is subject to a lease issued under AS 38.05.087, the director shall …

AS 38.05.069 Preference to persons for agricultural purposes.

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(a) After consulting with the Board of Agriculture and Conservation (AS 03.09.010), on a determination that the highest and best use of unoccupied land is for agricultural purposes and that it is in the best interests of the state to sell or lease the land, the commissioner shall…

AS 38.05.070 Generally.

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(a) Land, including tide, submerged, or shoreland, to which the state holds title or to which the state may become entitled, may be leased, except for the extraction of natural resources and for carbon storage under AS 38.05.700 — 38.05.795, in the manner provided in AS 38.05.070…

AS 38.05.073 Recreational facilities development leasing.

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(a) To identify land suitable for recreational facilities development leasing, the commissioner shall make the identification through a regional land use plan or a site-specific land use plan adopted under AS 38.04.065. The identification of land for leasing under this section sh…

AS 38.05.075 Leasing procedures.

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(a) Except as provided in AS 38.05.035, 38.05.070, 38.05.073, 38.05.081, 38.05.082, 38.05.083, 38.05.087, 38.05.102, 38.05.565, 38.05.600, 38.05.810, and this section, when competitive interest has been demonstrated or the commissioner determines that it is in the state's best in…

AS 38.05.080 Rejection of bids.

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Before the director signs the lease, the commissioner may reject all bids for leases when the best interest of the state justifies this action.

AS 38.05.081 Leases of state land for carbon management purposes.

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(a) The commissioner may lease state land for carbon management purposes. However, the commissioner may exclude from consideration land for which a person has submitted a lease application under AS 38.05.083 if the commissioner finds that excluding the land from consideration is …

AS 38.05.082 Leases for shore fisheries development; account.

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(a) The director, with the approval of the commissioner, may lease tide and submerged land for fisheries development. Fisheries development includes the utilization of shore gill nets or set nets for the taking of fish. Every lease issued under this section shall reserve to the p…

AS 38.05.083 Aquatic farming and hatchery site leases.

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(a) The commissioner may offer to the public for lease at public auction or by sealed bid under AS 38.05.075 or by negotiation under AS 38.05.070 a site for aquatic farming or related hatchery operations. Before a final decision to issue a lease under this section, the commission…

AS 38.05.085 Term of lease.

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(a) [Repealed, § 37 ch 2 FSSLA 1992.] (b) [Repealed, § 37 ch 2 FSSLA 1992.] (c) The lessee shall make advance payments of the annual rent or other form of lease compensation specified by the commissioner or that portion of it the commissioner may require. (d) A preference right l…

AS 38.05.087 Forest Service permittees' leasing preference.

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(a) Before offering to the public any land for lease which is subject to a valid existing United States Forest Service permit in effect in a state-selected area on the day before the area was tentatively approved for patent to the state, the director shall offer the land for leas…

AS 38.05.090 Removal or reversion of improvements upon termination of leases.

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(a) Unless otherwise agreed to in writing by the commissioner, a lessee shall remove from a former leasehold (1) all personal property, including above-ground tanks, transportable buildings, equipment, machinery, tools, and other goods, not belonging to the state, within 30 days …

AS 38.05.095 Subleases.

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(a) Except as provided in (b) of this section, a lessee may sublease or assign the leased land or a portion of it if, after application to the director, the director issues a permit. The director may issue a permit upon a finding that it is in the best interests of the state to d…

AS 38.05.096 Exemption from rental payments on land leased for certain liquefied natural gas storage facilities.

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(a) A person leasing state land for a liquefied natural gas storage facility other than a gas storage facility subject to AS 38.05.180(u) may request an exemption from lease payments as provided in this section. The exemption is applicable for the periods described in (b) of this…

AS 38.05.097 Exemption from rental payments on land leased by nonprofit organizations.

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(a) A nonprofit organization using state land leased by it under AS 38.05.070 — 38.05.105 and 38.05.810 for a youth encampment or similar recreational purpose is exempt from lease rental payments on that land. The nonprofit organization shall meet all other terms and conditions o…

AS 38.05.098 Senior citizens exemption.

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(a) The real property occupied as a permanent place of abode by a resident 65 years of age or over and leased by that resident from the state in accordance with AS 38.05.070 — 38.05.105 is exempt from the payment of annual lease rent. Only one exemption may be granted for the sam…

AS 38.05.102 Lessee preference.

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Except for a lease under AS 38.05.081 or 38.05.083, if land within a leasehold created under AS 38.05.070 — 38.05.105 is offered for sale or long-term lease at the termination of the existing leasehold, the director may, upon a finding that it is in the best interest of the state…

AS 38.05.103 Rights of holder of security interest.

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(a) If there is a breach or default of a term of a lease or of the provisions of this chapter relating to a lease, the division shall provide written notice of the breach or default by personal service or by registered or certified mail to the lessee and to any holder of record h…

AS 38.05.105 Periodic rent adjustments.

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(a) Each lease shall stipulate that at five-year intervals as specified in the lease the annual rent payment or other form of lease compensation specified by the commissioner is subject to adjustment. Changes or adjustments shall be based primarily on changes in the lease's fair …

AS 38.05.110 Sale of timber; timber receipts account.

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(a) The commissioner shall provide for cruises of timber on state land and shall assess the supply of and current markets for timber on privately owned land in close proximity to state land to determine (1) the timber that should be offered for sale; and (2) the terms of sale of …

AS 38.05.112 Forest land use plans.

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(a) The department may not authorize the harvest of timber, except for harvests of 10 acres or less or timber salvaged from land cleared for a nonforest use, until a site-specific forest land use plan has been adopted. A forest land use plan is required whether or not a regional …

AS 38.05.113 Five-year sale schedule.

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(a) Every two years, the department shall prepare a five-year schedule of timber sales planned on all land managed by the department. The timber sale schedule must provide a time line that identifies timber sales, their volumes, and their locations and must contain sufficient inf…

AS 38.05.115 Limitations and conditions of sale.

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(a) The commissioner shall determine the timber to be sold and the limitations, conditions, and terms of sale. The limitations, conditions, and terms shall include the utilization, development, and maintenance of the sustained yield principle, subject to preference among other be…

AS 38.05.117 Expedited sales for salvage, fire, and pest mitigation.

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(a) After making a written finding that the disposal will serve the best interests of the state under AS 38.05.035(e), the commissioner may offer, on an expedited basis, timber for sale under this section that the commissioner has determined (1) has lost economic value because of…

AS 38.05.118 Negotiated sales.

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(a) Notwithstanding AS 38.05.115 and 38.05.120, and upon a finding that the sale is in the best interest of the state, the commissioner may negotiate a sale of timber to a local manufacturer of wood products or a user of wood fiber at appraised value. The period of a contract for…

AS 38.05.120 Disposal procedure.

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Timber shall be sold either by sealed bids or public auction, depending on which method is determined by the commissioner to be in the best interests of the state, to the highest qualified bidder as determined by the commissioner. An aggrieved bidder may appeal to the commissione…

AS 38.05.123 Negotiated timber sales for local manufacture of wood products.

AS 38.05.125 Reservation.

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(a) Each contract for the sale, lease, or grant of state land, and each deed to state land, properties, or interest in state land, made under AS 38.05.045 — 38.05.120, 38.05.321, 38.05.810 — 38.05.825, AS 38.08, or AS 38.50 except as provided in AS 38.50.050 is subject to the fol…

AS 38.05.126 Navigable and public water.

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(a) The people of the state have a constitutional right to free access to and use of the navigable or public water of the state. (b) The state has full power and control of all of the navigable or public water of the state, both meandered and unmeandered, and the state holds and …

AS 38.05.127 Access to navigable or public water.

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(a) Before the sale, lease, grant, or other disposal of any interest in state land adjacent to a body of water or waterway, the commissioner shall, (1) determine if the body of water or waterway is navigable water, public water, or neither; (2) upon finding that the body of water…