Title 38 — Public Land
17 chapters · 340 sections in this title.
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 …
AS 38.05.022 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 38.05.032 School land disposition procedures. [Repealed, § 20 ch 182 SLA 1978.]
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[Repealed or reserved.]
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 38.05.040 Director shall be bonded. [Repealed, § 38 ch 91 SLA 1997.]
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Article 2. Sale of Land.
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 38.05.047 Classification and sale of state land in municipalities. [Repealed, § 45 ch 113 SLA 1981. For current law see AS 38.04.020.]
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[Repealed or reserved.]
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 38.05.058 Land discount program. [Repealed, § 19 ch 67 SLA 1983.]
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[Repealed or reserved.]
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 38.05.063 Sales for pipeline purposes. [Repealed, § 31 ch 3 FSSLA 1973.]
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[Repealed or reserved.]
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 38.05.066 Preference to persons for fishery purposes. [Repealed, § 34 ch 94 SLA 1980.]
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[Repealed or reserved.]
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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Article 3. Leasing of Land Other Than for the Extraction of Natural Resources. (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 th…
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 38.05.076 Leases for pipeline purposes. [Repealed, § 31 ch 3 FSSLA 1973.]
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[Repealed or reserved.]
AS 38.05.077 Secs. 38.05.077 and 38.05.078. Classification, disposal, and sale of remote parcels. [Repealed, § 7 ch 103 SLA 1983. For current law see AS 38.09.]
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[Repealed or reserved.]
AS 38.05.079 Remote cabin permit. [Repealed, § 38 ch 91 SLA 1997.]
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[Repealed or reserved.]
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 38.05.100 Renewal of lease. [Repealed, § 15 ch 257 SLA 1976.]
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[Repealed or reserved.]
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 38.05.107 Compensation relating to easements or rights-of-way across state leases. [Repealed, § 1 ch 203 SLA 1975.]
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Article 4. Disposal of Timber.