Title 38 — Public Land
17 chapters · 340 sections in this title.
AS 38.05.165 [Renumbered as AS 38.05.152.]
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[Repealed or reserved.]
AS 38.05.170 [Renumbered as AS 38.05.154.]
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[Repealed or reserved.]
AS 38.05.175 [Renumbered as AS 38.05.157.]
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[Repealed or reserved.]
AS 38.05.177 Nonconventional gas leases.
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(a) The provisions of this section apply to nonconventional gas. (b) [Repealed, § 58 ch 49 SLA 2004.] (c) [Repealed, § 58 ch 49 SLA 2004.] (d) A lease (1) shall be automatically extended if and for so long thereafter as gas is produced in paying quantities from the lease and the …
AS 38.05.180 Oil and gas and gas only leasing.
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(a) The legislature finds that (1) the people of Alaska have an interest in the development of the state's oil and gas resources to (A) maximize the economic and physical recovery of the resources; (B) maximize competition among parties seeking to explore and develop the resource…
AS 38.05.181 Geothermal resources.
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(a) The commissioner may, under regulations adopted by the commissioner, grant prospecting licenses and leases to a qualified person to explore for, develop, or use geothermal resources. When title to the surface parcel is held by a person other than the state, that person shall …
AS 38.05.182 Royalty on natural resources.
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(a) Any royalty provided for in AS 38.05.135 — 38.05.181 may be taken in kind rather than in money if the commissioner determines that the taking in kind would be in the best interest of the state. However, royalties on oil and gas shall be taken in kind unless the commissioner d…
AS 38.05.183 Sale of royalty.
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(a) The sale, exchange, or other disposal of a mineral obtained by the state as a royalty under AS 38.05.182, the sale, exchange, or other disposal in whole or in part of a right to receive future mineral production under a state lease under this chapter, or the sale, exchange, o…
AS 38.05.184 Limitation on oil and gas leases in Kachemak Bay.
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Article 8. Mining Rights. (a) The legislature finds that Kachemak Bay is an area of extraordinary abundance and diversity of marine life that has provided, and will continue to provide in the future, a basis for one of the state's most important commercial fisheries; that recent …
AS 38.05.185 Generally.
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(a) The acquisition and continuance of rights in and to deposits on state land of minerals, which on January 3, 1959, were subject to location under the mining laws of the United States, shall be governed by AS 38.05.185 — 38.05.275. Nothing in AS 38.05.185 — 38.05.275 affects th…
AS 38.05.190 Qualifications.
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(a) Except as provided in (b) of this section, exploration and mining rights under AS 38.05.185 — 38.05.275 may be acquired or held only by (1) citizens of the United States at least 18 years of age; (2) legal guardians, conservators, or trustees of citizens of the United States …
AS 38.05.195 Mining claims.
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(a) Rights to deposits of minerals subject to AS 38.05.185 — 38.05.275 in or on state land that is open to claim staking may be acquired by discovery, location, and recording as prescribed in AS 38.05.185 — 38.05.275. The locator has the exclusive right of possession and extracti…
AS 38.05.200 Changes in locations and amended notices.
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Notices may be amended at any time and monuments changed to correspond with the amended location but a change may not be made that interferes with the rights of others. Whenever monuments are changed or an error is made in the notice or in the certificate of location, an amended …
AS 38.05.205 Mining leasing.
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(a) Prior discovery, location, and recording shall initiate prior rights to mineral deposits subject to AS 38.05.185 — 38.05.275 in or on state land, other than submerged land, which is open to mining leasing. Locations shall be made and certificates of location recorded in accor…
AS 38.05.207 Production license. [Repealed, § 19 ch 56 SLA 1997.]
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[Repealed or reserved.]
AS 38.05.210 Annual labor.
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(a) Labor shall be performed or improvements made annually on or for the benefit or development of each mining claim, leasehold location, and mining lease on state land, except that, where adjacent claims, leasehold locations, or mining leases are held in common, including adjace…
AS 38.05.211 Annual rental.
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(a) The holder of each mining claim, leasehold location, prospecting site, and mining lease, including a mining lease under AS 38.05.250, shall pay, in advance, rental for the right to continue to hold the mining claim, leasehold location, prospecting site, and mining lease, incl…
AS 38.05.212 Production royalty.
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(a) In exchange for and to preserve the right to extract and possess the minerals produced, the holder of a mining claim, leasehold location, or mining lease, including a mining lease under AS 38.05.250, shall pay a royalty on all minerals produced from land subject to the claim,…
AS 38.05.215 Notice to co-owners to contribute to cost of annual labor or improvements and forfeiture for failure to contribute.
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If one of several co-owners fails to contribute the proportion of the expenditures required for annual labor from the co-owner, the co-owners who have performed the labor or made the improvements may, at the expiration of the annual labor year, give the delinquent co-owner person…
AS 38.05.220 Recording the notice to contribute and affidavits.
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(a) Within 120 days after personal service, or within 120 days after the completion of publication of the notice provided for in AS 38.05.215, the co-owner who claims the forfeiture shall record in the office of the recorder of the recording district in which the claim is located…
AS 38.05.225 Lienholder may perform the annual labor.
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A person who holds a claim to or lien upon an unpatented mining claim under a certificate of sale, mortgage, attachment, levy, judgment, or other lien may, when necessary for the protection of the lien or claim, go upon the mining claim and perform or cause to be performed the an…
AS 38.05.230 Lien for performance of annual labor.
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(a) The person performing or causing to be performed annual labor upon an unpatented mining claim as provided in AS 38.05.225 shall have a lien upon the claim for the assessment work, including the reasonable cost of transportation to and from the claim incurred in doing the work…
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.]