Title 41 — Public Resources
24 chapters · 391 sections in this title.
AS 41.35.010 Declaration of policy.
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It is the policy of the state to preserve and protect the historic, prehistoric, and archeological resources of Alaska from loss, desecration, and destruction so that the scientific, historic, and cultural heritage embodied in these resources may pass undiminished to future gener…
AS 41.35.020 Title to historic, prehistoric, and archeological resources; local display.
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(a) The state reserves to itself title to all historic, prehistoric, and archeological resources situated on land owned or controlled by the state, including tideland and submerged land, and reserves to itself the exclusive right of field archeology on state-owned or controlled l…
AS 41.35.030 Designation of monuments and historic sites.
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Upon the recommendation of the commission, the governor may declare by public order any particular historic, prehistoric, or archeological structure, deposit, site, or other object of scientific or historic interest that is situated on land owned or controlled by the state to be …
AS 41.35.040 Administration and financial support of monuments and historic sites.
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State-owned monuments, sites, and other historic, prehistoric, or archeological properties owned or purchased by the state are under the control of the department, and their maintenance shall be covered in the appropriations made to the department. Privately owned state monuments…
AS 41.35.045 Fees for guided tours through historical sites. [Repealed, § 3 ch 89 SLA 1987.]
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[Repealed or reserved.]
AS 41.35.050 Regulations.
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The commissioner shall adopt regulations to carry out the purposes of AS 41.35.010 — 41.35.240.
AS 41.35.060 Power to acquire historic, prehistoric, or archeological properties.
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(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…
AS 41.35.070 Preservation of historic, prehistoric, and archeological resources threatened by public construction.
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(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…
AS 41.35.080 Permits.
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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…
AS 41.35.090 Notice required of private persons.
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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. …
AS 41.35.100 Excavation and removal of historic, prehistoric, or archeological remains on private land.
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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 …
AS 41.35.110 Secs. 41.35.110 — 41.35.190. Historic sites advisory committee. [Repealed, E.O. No. 83, § 20 (1993).]
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[Repealed or reserved.]
AS 41.35.200 Unlawful acts.
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[Repealed or reserved.]
AS 41.35.210 Criminal penalties.
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A person who is convicted of violating a provision of AS 41.35.010 — 41.35.240 is guilty of a class A misdemeanor.
AS 41.35.215 Civil penalties.
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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.
AS 41.35.220 Enforcement authority.
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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.
AS 41.35.230 Definitions.
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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 41.35.240 Short title.
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Article 2. Alaska Historical Commission. AS 41.35.010 — 41.35.240 may be cited as the Alaska Historic Preservation Act.
AS 41.35.300 Creation.
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There is created in the department the Alaska Historical Commission.
AS 41.35.310 Composition of commission.
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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…
AS 41.35.320 Appointment of members.
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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.
AS 41.35.330 Term of office.
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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.…
AS 41.35.340 Compensation.
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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.
AS 41.35.345 Officers.
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At the first meeting of each year, the commission shall elect a chair from among its members.
AS 41.35.347 Meetings and quorum.
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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.
AS 41.35.350 Duties of the commission.
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(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…
AS 41.35.360 Reports. [Repealed, § 35 ch 126 SLA 1994.]
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[Repealed or reserved.]
AS 41.35.370 Executive director. [Repealed, E.O. No. 83 § 20 (1993).]
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[Repealed or reserved.]
AS 41.35.375 Powers of chairman.
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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.
AS 41.35.380 Gifts and income.
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[Repealed or reserved.]