Title 38 — Public Land
17 chapters · 340 sections in this title.
AS 38.05.920 Assignment.
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(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 …
AS 38.05.930 Bona fide purchasers.
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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…
AS 38.05.940 Land purchase price discount for veterans.
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(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…
AS 38.05.945 Notice.
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(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…
AS 38.05.946 Hearings.
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(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…
AS 38.05.950 Interference with bidding prohibited; penalties.
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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…
AS 38.05.965 Definitions.
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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…
AS 38.05.990 Short title.
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This chapter may be cited as the Alaska Land Act.
AS 38.06.010 Purpose.
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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…
AS 38.06.020 Establishment.
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There is established in the Department of Natural Resources the Alaska Royalty Oil and Gas Development Advisory Board.
AS 38.06.025 Membership; vacancies.
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(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 …
AS 38.06.030 Compensation; per diem, travel expenses.
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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.
AS 38.06.035 Meetings, rules, quorum, votes required; conflict of interest.
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(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…
AS 38.06.040 Powers and duties of the board.
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(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…
AS 38.06.050 Board review and recommendation required.
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(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…
AS 38.06.055 Legislative approval.
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(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…
AS 38.06.060 Confidentiality.
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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…
AS 38.06.070 Criteria.
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(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…
AS 38.06.080 Definitions.
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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.
AS 38.07.010 Selection and lease.
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(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…
AS 38.07.020 Provisions of lease.
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(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 …
AS 38.07.030 Owners and lessees included.
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(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…
AS 38.07.040 Land certificates.
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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 …
AS 38.07.050 Regulations.
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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.
AS 38.07.060 Definitions.
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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.
AS 38.08.010 Classification of land for homesite entry.
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(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…
AS 38.08.020 Public notice.
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The director shall publish notice of the availability of the land in the same manner as provided in AS 38.05.945.
AS 38.08.030 Applications for homesite entry; fees.
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(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…
AS 38.08.040 Issuance of entry permit.
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(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…
AS 38.08.050 Revocation of entry permit.
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(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…
AS 38.08.060 Issuance of patent.
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(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 …
AS 38.08.070 Secs. 38.08.070 — 38.08.080. Required planning authority and zoning approval of land within municipality. [Repealed, § 45 ch 85 SLA 1979.]
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[Repealed or reserved.]
AS 38.08.090 Disclaimer of intent to provide services. [Repealed, § 38 ch 91 SLA 1997.]
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[Repealed or reserved.]
AS 38.08.100 Revocation of entry permit.
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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…
AS 38.08.110 Regulations.
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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.
AS 38.08.120 Definitions.
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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…
AS 38.09.010 Designation of land for homestead entry.
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(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…
AS 38.09.020 Homestead entry permits.
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(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 …
AS 38.09.030 Qualification for homestead entry.
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(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…
AS 38.09.040 Revocation of entry permits.
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(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…
AS 38.09.050 Issuance of patent.
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(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…
AS 38.09.060 Marking boundaries.
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If it is impractical to brush the boundaries of a homestead entry, an applicant shall flag the boundaries.
AS 38.09.070 Priority of applications.
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The commissioner shall issue a homestead entry permit to the first applicant for land to comply with AS 38.09.020(b).
AS 38.09.080 Land within municipalities.
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(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…
AS 38.09.090 Purchase.
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(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.…
AS 38.09.100 Lessees of remote parcels.
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(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…
AS 38.09.105 Removal of conditions on remote parcel and homestead entry land.
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(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…
AS 38.09.110 Regulations.
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The commissioner shall adopt regulations to implement this chapter.
AS 38.09.900 Definitions.
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In this chapter, (1) “brush” means to clear a swath along the boundary lines of a homestead entry so that the boundary lines may be identified from the ground; (2) “commissioner” means the commissioner of natural resources; (3) “resident” means an individual who has resided in th…
AS 38.10.010 Application for transfer.
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Upon application by a municipal corporation with a population of less than 5,000 persons according to the latest United States census entitled to a conveyance of tide and submerged land under AS 38.05.820(b), the director of the division of lands of the Department of Natural Reso…