Title 38, Public Land

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.

(a) Except as provided in (b) of this section, all contracts of purchase or lease of land or interest in land may be, on the affirmative approval of the director, assigned or subleased in whole or in part in writing by the contract holder or lessee, and the assignee or sublessee …

The right, title, or interest of a bona fide purchaser of any lease, interest in a lease, or option to acquire a lease or an interest in it, acquired after the effective date of issuance of the lease and held by a qualified person, association, or corporation in conformity with t…

(a) An eligible veteran is entitled to a discount of 25 percent on the purchase price of state land sold under this title and classified under AS 38.05.005 — 38.05.270 for a use other than commercial or industrial use. (b) To be eligible for a discount under this section, a veter…

(a) This section establishes the requirements for notice given by the department for the following actions: (1) classification or reclassification of state land under AS 38.05.300 and the closing of land to mineral leasing or entry under AS 38.05.185; (2) zoning of land under app…

(a) A municipality or a corporation entitled to receive notice under AS 38.05.945(c) may hold a hearing within 30 days after receipt of the notice. If a hearing is held, the commissioner shall attend the hearing. The commissioner has discretion to hold a public hearing. (b) [Repe…

A person who bargains, contracts, or agrees, or attempts to bargain, contract, or agree with another that the other may not bid freely upon or purchase any parcel of land of the state offered at public sale; or by intimidation, combination, or unfair management, hinders, prevents…

In this chapter, unless the context otherwise requires, (1) “acquired land” means land belonging to the state including tide, submerged, and shoreland which has been obtained by escheat, purchase, or any means other than by general land grant; (2) “agricultural land” means land c…

This chapter may be cited as the Alaska Land Act.

It is the purpose of this chapter to facilitate the wise development of Alaska's oil and gas royalty interests by providing means and procedures for sales, exchanges, or other disposition of those interests in ways calculated to promote private economic growth consistent with app…

There is established in the Department of Natural Resources the Alaska Royalty Oil and Gas Development Advisory Board.

(a) The board consists of the commissioner of commerce, community, and economic development; the commissioner of revenue; the commissioner of natural resources, who is a nonvoting member; and five public members. (b) The public members shall be appointed by the governor to serve …

Members of the board are in the exempt service under AS 39.25.110 and shall receive per diem and travel allowances as provided by law for other boards and commissions.

(a) The board shall prescribe its own rules of procedure. It shall meet at a time and place determined by the chairman, and at other times and places as the chairman, or a majority of the board members, considers necessary. A quorum is a majority of the voting members of the boar…

(a) The board shall (1) in accordance with the criteria set out in AS 38.06.070, develop a plan for the wise development of the state's oil and gas royalty interests; the plan of development shall be consistent with (A) growth of the private sector of the economy; (B) environment…

(a) If legislative approval is required by AS 38.06.055, a sale, exchange, encumbrance, or other disposition of oil or gas or of the rights or waiver of the rights to receive future production of royalty oil or gas may not be made by the commissioner of natural resources under AS…

(a) In addition to the recommendation by the board required under AS 38.06.050, the commissioner of natural resources may not enter into a sale, exchange, or other disposition of oil or gas or of the rights or waiver of the rights to receive future production of royalty oil or ga…

Notwithstanding AS 40.25.110 — 40.25.120, the board may provide by regulation for the confidentiality of those documents and records in its possession or control which contain confidential business or marketing information the protection of which is essential to the person who ha…

(a) In the exercise of its powers under AS 38.06.040(a) and 38.06.050 the board shall consider (1) the revenue needs and projected fiscal condition of the state; (2) the existence and extent of present and projected local and regional needs for oil and gas products and by-product…

In this chapter, (1) “board” means the Alaska Royalty Oil and Gas Development Advisory Board; (2) “state lease” means an oil and gas lease or gas only lease on state land.

(a) The commissioner may select areas of state land classified as agricultural and contract for the land to be cleared or drained or both at state expense. In this selection and contracting, the commissioner shall be guided by the recommendations of the United States Department o…

(a) A lease under AS 38.07.010(b) shall be for 10 years with an option for a five-year renewal. (b) Before a lessee can apply for ownership of the land, the lessee must crop the land for at least seven years. If a lessee does not crop the land for at least seven years during the …

(a) An owner of agricultural land, or a lessee from the state of agricultural land, in the general vicinity of the land to be cleared or drained under AS 38.07.010(a) may apply to the commissioner to have the land cleared or drained or both along with the state land. The applican…

A contract under AS 38.07.010(a) may provide for payment by the state in the form of land certificates which shall be equivalent to cash in the purchase of land credit from the state. The use of land credit certificates may be applied in the manner prescribed by AS 19.30.090 and …

The commissioner shall, guided by recommendations of the United States Department of Agriculture, Natural Resources Conservation Service, adopt regulations necessary to carry out the purpose of this chapter.

In this chapter, (1) “cleared,” “clear,” and “clearing” mean the preparation of the land for planting; (2) “commissioner” means the commissioner of the Department of Natural Resources; (3) “crop” means to manage a domestic planting including harvest.

(a) The director shall designate, classify, and make available for homesite entry state land in amounts and at times as required in AS 38.04.020 or as may otherwise be required by law. (b) Land classified as homesite entry land shall be divided into parcels not exceeding five acr…

The director shall publish notice of the availability of the land in the same manner as provided in AS 38.05.945.

(a) To qualify for a homesite entry permit, an applicant shall (1) at the time of application have attained the age of 18; (2) submit proof acceptable to the commissioner that the applicant is a resident of the state at the time of application, and that the applicant has been a r…

(a) An applicant meeting the qualifications for homesite entry under AS 38.08.030 and selected under (f) of this section shall be issued a revocable permit to occupy and improve the homesite in order to qualify for issuance of patent as provided in this chapter. The holder of a h…

(a) The entry permit may only be revoked for failure to erect a dwelling as required under AS 38.08.060, or for other substantial breach of the terms and conditions of the homesite entry permit. (b) Upon revocation and termination of a permit, improvements or chattels upon the ho…

(a) A person who enters upon homesite entry land under a permit issued by the director shall be issued a patent to the land conveying an unencumbered title if that person (1) occupies the land for a cumulative total of 35 months within the seven-year period following issuance of …

The director may revoke a homesite entry permit for failure to (1) erect a dwelling in the time required under AS 38.08.060(a)(2) unless the director finds that erection of the dwelling has been substantially completed and progress toward completion is being made at the expiratio…

The commissioner shall adopt regulations in accordance with AS 44.62.180 — 44.62.290 to carry out the purposes of this chapter, including, but not limited to, regulations relating to easements and access routes.

In this chapter, (1) “commissioner” means the commissioner of natural resources; (2) “habitable dwelling” means a dwelling of a permanent nature, together with fixtures and facilities, including sanitary facilities, required or customary in the vicinity of the land made available…

(a) The commissioner shall designate and make available for homestead entry state land, including, after consulting with the Board of Agriculture and Conservation (AS 03.09.010), land classified for agricultural use. State land made available for homestead entry under this chapte…

(a) A homestead entry permit entitles an applicant to enter land within an area designated under AS 38.09.010 and to survey, occupy, and improve the land in order to qualify for a patent under this chapter. (b) An applicant for a homestead entry permit shall personally stake the …

(a) An applicant for a homestead entry permit shall (1) submit proof acceptable to the commissioner that the applicant is at least 18 years of age and has been a resident of the state for not less than one year immediately before the date of application; (2) pay a fee of $5 per a…

(a) A homestead entry permit may be revoked by the commissioner for a substantial breach of the permit conditions or the requirements of this chapter, including (1) an assignment, conveyance, or transfer of the permit not authorized under AS 38.09.030(c); (2) failure of the permi…

(a) The commissioner shall issue a patent to homestead entry land if the permit holder (1) resides and lives on the homestead entry land for not less than 25 months within five years after the issuance of the homestead entry permit; (2) submits an aliquot parts description or com…

If it is impractical to brush the boundaries of a homestead entry, an applicant shall flag the boundaries.

The commissioner shall issue a homestead entry permit to the first applicant for land to comply with AS 38.09.020(b).

(a) If a municipality has filed a selection of state land under AS 29.65 or former AS 29.18.201 — 29.18.213 with the commissioner, the state land selected may not be designated for homestead entry; if the commissioner determines that land selected by a municipality is not availab…

(a) If an applicant complies with the requirements of AS 38.09.050(a)(2), (4), and (5) and pays to the commissioner an amount equal to five percent of the fair market value within two years of the issuance of an entry permit, an applicant may purchase the land under AS 38.05.065.…

(a) A lessee of a remote parcel under former AS 38.05.077 may elect to obtain title to the remote parcel under AS 38.09.050. If a lessee of a remote parcel elects to obtain title under AS 38.09.050, July 28, 1983, shall be considered the date of the issuance of the homestead entr…

(a) The commissioner may not include the conditions of former AS 38.05.078(d) in a remote parcel purchase contract issued on or after July 1, 1997. (b) The commissioner shall amend a remote parcel or homestead entry land purchase contract or patent issued before July 1, 1997 to r…