Title 41, Public Resources

The commissioner shall adopt regulations to carry out the purposes of AS 41.35.010 — 41.35.240.

(a) The department, with the recommendation of the commission, may acquire real and personal properties that have statewide historic, prehistoric, or archeological significance by gift, purchase, devise, or bequest. The department shall preserve and administer property so acquire…

(a) The department shall locate, identify, and preserve in suitable records information regarding historic, prehistoric, and archeological sites, locations, and remains. The information shall be submitted to the heads of the executive departments of the state. (b) Before public c…

The commissioner may issue a permit for the investigation, excavation, gathering, or removal from the natural state, of any historic, prehistoric, or archeological resources of the state. A permit may be issued only to persons or organizations qualified to make the investigations…

Before any construction, alteration, or improvement of any nature is undertaken on a privately owned, officially designated state monument or historic site by any person, the person shall give the department three months notice of intention to construct on, alter, or improve it. …

Before any historic, prehistoric, or archeological remains are excavated or removed from private land by the department, the written approval of the owner shall first be secured. When the value of the private land is diminished by the excavation or removal, the owner of the land …

(a) A person may not appropriate, excavate, remove, injure, or destroy, without a permit from the commissioner, any historic, prehistoric, or archeological resources of the state. (b) A person may not possess, sell, buy, or transport within the state, or offer to sell, buy, or tr…

A person who is convicted of violating a provision of AS 41.35.010 — 41.35.240 is guilty of a class A misdemeanor.

In addition to other penalties and remedies provided by law, a person who violates a provision of AS 41.35.010 — 41.35.240 is subject to a maximum civil penalty of $100,000 for each violation.

The following persons are peace officers of the state and shall enforce AS 41.35.010 — 41.35.240: (1) an employee of the department authorized by the commissioner; (2) a peace officer in the state; (3) any other person authorized by the commissioner.

In AS 41.35.010 — 41.35.240, unless the context otherwise requires, (1) “commission” means the Alaska Historical Commission established in AS 41.35.300; (2) “historic, prehistoric, and archeological resources” includes deposits, structures, ruins, sites, buildings, graves, artifa…

AS 41.35.010 — 41.35.240 may be cited as the Alaska Historic Preservation Act.

There is created in the department the Alaska Historical Commission.

The Alaska Historical Commission consists of the following persons: (1) the lieutenant governor; (2) the state historic preservation officer appointed under 16 U.S.C. 470 — 470n (P.L. 89-665, National Historic Preservation Act of 1966); (3) three persons with professionally relev…

Members of the commission are appointed by the governor and confirmed by the legislature meeting in joint session. The members of the commission serve at the pleasure of the governor.

The term of office for a member of the commission is three years, except for those who are members by virtue of their positions with the state, who serve for as long as they remain in the position by virtue of which they are members of the commission. Except as provided in AS 39.…

The members of the commission serve without compensation but are entitled to per diem and travel expenses authorized by law for other boards and commissions.

At the first meeting of each year, the commission shall elect a chair from among its members.

The commission shall meet at least twice a year. Additional meetings may be called by the chair or by petition of at least five members. Five members of the commission constitutes a quorum.

(a) The duties of the commission are to (1) survey, evaluate, and catalog Alaska prehistory and history materials now in print; (2) ascertain and register what Alaska prehistory and history work is now in progress; (3) identify the existing gaps in the coverage of Alaska's past i…

Subject to available appropriations, the chair may, with the concurrence of a majority of the commission, employ necessary personnel and may contract for the services of experts and other persons who may be needed.