Title 38 — Public Land
17 chapters · 340 sections in this title.
AS 38.05.346 [Renumbered as AS 38.05.946.]
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[Repealed or reserved.]
AS 38.05.347 Transfer of state land to cities. [Repealed, § 6 ch 218 SLA 1976; § 15 ch 257 SLA 1976.]
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[Repealed or reserved.]
AS 38.05.348 [Renumbered as AS 38.05.870.]
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[Repealed or reserved.]
AS 38.05.349 [Renumbered as AS 38.05.872.]
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[Repealed or reserved.]
AS 38.05.350 [Renumbered as AS 38.05.910.]
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[Repealed or reserved.]
AS 38.05.351 [Renumbered as AS 38.05.930.]
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[Repealed or reserved.]
AS 38.05.355 [Renumbered as AS 38.05.950.]
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[Repealed or reserved.]
AS 38.05.360 Waste or injury to land. [Repealed, § 21 ch 166 SLA 1978. For current law see AS 11.46.]
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[Repealed or reserved.]
AS 38.05.362 Agricultural land classification. [Repealed, § 88 ch 152 SLA 1984.]
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[Repealed or reserved.]
AS 38.05.365 [Renumbered as AS 38.05.965.]
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[Repealed or reserved.]
AS 38.05.370 [Renumbered as AS 38.05.990.]
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Article 13. State Control of Certain Land.
AS 38.05.500 Electorate determinations.
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The people of the State of Alaska determine that: (1) the intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as …
AS 38.05.501 Management.
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(a) The Department of Natural Resources shall manage the land which is the subject of AS 38.05.500 — 38.05.505. The department will use the provisions of this chapter for the management of the land except to the extent that the provisions of AS 38.05.500 — 38.05.505 provide to th…
AS 38.05.502 Property of the people.
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Subject to valid existing rights of applicants for land, upon February 21, 1983, all land in the state and all minerals not previously appropriated are the exclusive property of the people of the state and the state holds title to the land and minerals in trust for the people of …
AS 38.05.503 Treaties and compacts.
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Land in the state which has been administered by the United States under international treaties and interstate compacts will continue to be administered by the state in conformity with those treaties and compacts.
AS 38.05.504 Proceeds to the general fund.
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The proceeds of sales, fees, rents, royalties or other receipts from the land paid to the state under the provisions of AS 38.05.500 — 38.05.505 shall be deposited in the general fund, and the legislature may provide for payments in lieu of taxes to local governments.
AS 38.05.505 Exclusive enforcement.
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Article 14. Material Sales. (a) The state has exclusive jurisdiction to enforce the provisions of AS 38.05.500 — 38.05.505. (b) An individual may institute a civil action to recover damages for injury or loss sustained as the result of a violation of the provisions of AS 38.05.50…
AS 38.05.550 Disposal of materials.
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(a) All materials owned by the state may be sold or conveyed as provided in AS 38.05.550 — 38.05.565. (b) Materials may only be sold or removed from sources or sites designated by the department. The department shall issue a decision under AS 38.05.035(e) that the sale and extrac…
AS 38.05.555 Negotiated sales and personal use of materials.
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(a) Notwithstanding any other provision of AS 38.05.550 — 38.05.565, the director may negotiate the sale of any amount of materials from a source or site designated under AS 38.05.550(b). The period of a contract for a sale of materials negotiated under this section may not excee…
AS 38.05.560 Competitive sales of materials.
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(a) The department shall offer materials from a source or site designated under AS 38.05.550(b) for competitive sale if the department determines that (1) the sale would result in an exclusive use by the purchaser of a designated source or site; (2) materials available at a desig…
AS 38.05.562 Violations.
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Violation of any provision of AS 38.05.550 — 38.05.565 or the terms of the contract of sale subjects the purchaser to appropriate legal action.
AS 38.05.565 Sale or disposal of materials for special purposes.
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Article 15. Remote Recreational Cabin Site Sales and Leases. (a) The department may negotiate the sale or otherwise dispose of materials from sources or sites other than those designated under AS 38.05.550(b) to (1) municipalities, other state and federal agencies, or other entit…
AS 38.05.600 Remote recreational cabin sites.
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(a) The commissioner may provide for the sale or lease of state land for remote recreational cabin sites. Sales under this section shall be at fair market value determined as of the time of entry, and the purchaser shall reimburse the state for the appraisal, survey, and platting…
AS 38.05.700 Applicability and regulations.
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(a) The provisions of AS 38.05.700 — 38.05.795 apply to the licensing of state land for carbon storage exploration and the leasing of state land for carbon storage. (b) The commissioner may adopt regulations necessary to implement AS 38.05.700 — 38.05.795.
AS 38.05.705 Carbon storage exploration licensing.
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(a) The commissioner may issue carbon storage exploration licenses on state land. (b) A carbon storage exploration license gives the licensee (1) the exclusive right to explore, for carbon storage purposes, the state land described in the license for a five-year term; and (2) the…
AS 38.05.710 License procedures.
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(a) To apply for a carbon storage exploration license under AS 38.05.705, an applicant shall submit to the commissioner a proposal that (1) identifies the specific area to be subject to the license; (2) proposes minimum work commitments; (3) proposes commercial terms applicable t…
AS 38.05.715 Conversion to lease by licensee.
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(a) The commissioner may convert a carbon storage exploration license to a carbon storage lease if the licensee complies with (b) of this section. (b) To convert a carbon storage exploration license to a carbon storage lease, a licensee shall provide to the commissioner a copy of…
AS 38.05.720 Transition from enhanced oil recovery operations to carbon storage operations.
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(a) A lessee under AS 38.05.180 shall acquire a carbon storage lease before engaging in carbon storage activity that is not associated with enhanced oil or gas recovery. (b) At the commissioner's discretion, the commissioner may issue a carbon storage lease to a lessee under AS 3…
AS 38.05.725 Development and operation plans and unitization.
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(a) The commissioner shall require the filing and approval of a plan of development and operation for a carbon storage lease. (b) To prevent or assist in preventing waste, and to protect the correlative rights of persons owning interest in the tracts of land affected, with the ap…
AS 38.05.730 Payments from carbon storage exploration licenses and carbon storage leases.
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Except as otherwise provided in AS 38.05.705(h) or under art. IX, sec. 15, Constitution of the State of Alaska, the department shall deposit in the general fund the money it collects under AS 38.05.700 — 38.05.795.
AS 38.05.735 Annual report to the legislature.
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The commissioner shall prepare an annual report that includes an accounting of the carbon storage closure trust fund established under AS 37.14.850 and information on carbon storage licensing applications and decisions and the issuance of carbon storage leases. The commissioner s…
AS 38.05.740 Removal and restoration after termination.
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Upon termination of a license under AS 38.05.705 or a lease under AS 38.05.715 or 38.05.720, a licensee or lessee shall promptly remove all improvements and equipment, except as otherwise approved in writing by the commissioner, and shall restore the land to a condition that is a…
AS 38.05.795 Definitions.
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Article 17. Miscellaneous Provisions. In AS 38.05.700 — 38.05.795, unless the context requires otherwise, (1) “carbon storage” means the underground storage of carbon dioxide in a carbon storage reservoir; (2) “enhanced oil or gas recovery” has the meaning given in AS 41.06.210; …
AS 38.05.800 Reconstitution and administration of mental health land trust. [Repealed, § 39 ch 5 FSSLA 1994.]
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[Repealed or reserved.]
AS 38.05.801 Management of mental health trust land.
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(a) Mental health trust land shall be managed consistent with the trust principles imposed on the state by the Alaska Mental Health Enabling Act, P.L. 84-830, 70 Stat. 709 (1956). (b) Subject to (a) of this section, the department (1) shall manage mental health trust land under t…
AS 38.05.810 Public and charitable use.
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(a) Except as otherwise provided in AS 38.05.183(h), the (1) lease, sale, or other disposal of state land or resources may be made to a state or federal agency or political subdivision, (2) lease, sale, or disposal of coal deposits suitable for mining may be made to a utility own…
AS 38.05.820 Occupied tide and submerged land.
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(a) It is the policy of the state to allow preference rights for the acquisition of tide and submerged land occupied or developed for municipal business, residential or other beneficial purposes on or before the date of admission of Alaska into the Union. Nothing in this section …
AS 38.05.821 Tideland seaward of public recreational sites.
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(a) Notwithstanding any other provision of law, a home rule or general law municipality that accepts by conveyance or other disposition from the state a public recreation area facility developed under the terms of P.L. 84-507, 70 Stat. 130, upon application, shall receive by conv…
AS 38.05.825 Conveyance of tide and submerged land to municipalities.
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(a) Unless the commissioner finds that the public interest in retaining state ownership of the land clearly outweighs the municipality's interest in obtaining the land, the commissioner shall convey to a municipality tide or submerged land requested by the municipality that is oc…
AS 38.05.830 Land disposal in the unorganized borough.
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Before a sale, lease under AS 38.05.070 — 38.05.105, or other disposal of state land in the unorganized borough, the commissioner shall consider the effect that the sale, lease, or other disposal may be expected to have on the density of the population in the vicinity of the land…
AS 38.05.840 Appraisal.
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(a) Land may not be sold or leased, or a renewal lease issued, except in the case of an oil or gas or mineral lease, unless it has been appraised within two years before the date fixed for the sale or lease. When land is offered at public sale but is not sold and is available at …
AS 38.05.850 Permits.
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(a) The director, without the prior approval of the commissioner, may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to AS 38.35, telephone or electric transmission …
AS 38.05.855 Secs. 38.05.855 , 38.05.856. Identification of sites for aquatic farms and hatcheries; tideland and land use permits for aquatic farming. [Repealed, § 38 ch 91 SLA 1997.]
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[Repealed or reserved.]
AS 38.05.860 Deposits.
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(a) The commissioner may require an applicant seeking the sale, lease, or other disposal of land or an interest in land, other than under an oil and gas lease, gas only lease, or mineral lease, to deposit an amount covering the estimated cost of an appraisal, survey, and other co…
AS 38.05.870 Grants of land after natural disaster.
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(a) The director may make grants of state land to persons and municipal corporations to replace land which is rendered unusable by a natural disaster for the purposes for which it was used before the natural disaster. The director shall designate state land which is available to …
AS 38.05.872 Disposition of state land and resources for flood control projects.
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(a) The department may make conveyances of title or other interests in state land, provide for exchange of land, or make other arrangements with respect to state land, as necessary to meet federally established requirements of flood control projects authorized inside the state by…
AS 38.05.874 Public access fund created.
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(a) The public access fund is established as a special account in the general fund and funds may be deposited into the special account and withdrawn from it as provided in this section. The fund consists of money contributed to it by individuals and corporations and interest deri…
AS 38.05.875 Administration of land acquired under former AS 34.10.
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The department may sell, lease, or administer all real property to which the state obtained title under former AS 34.10 in the same manner as it is authorized to sell, lease, or administer other state land. Proceeds derived from the sales, leases, or administration shall be remit…
AS 38.05.880 Departmental review.
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Article 18. General Provisions. The department is not required to determine whether an owner of a mining claim, leasehold location, or mining lease is in compliance with this chapter or the regulations adopted under this chapter.
AS 38.05.910 Policy.
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It is the policy of the state to encourage the settlement of its land and the development of its resources by making them available for maximum use consistent with the public interest.