Title 41, Public Resources

(a) The commissioner is responsible for the management of the surface and subsurface estate of the Jonesville Public Use Area consistent with the purposes of AS 41.23.280. After adequate public hearings, the commissioner may designate incompatible uses and shall adopt and may rev…

(a) Except as provided in this section, the commissioner may prohibit or restrict uses determined to be incompatible with the purposes of the Jonesville Public Use Area under AS 41.23.280 within the state-owned land and water described in AS 41.23.286. (b) Nothing in AS 41.23.280…

Subject to valid existing rights, the vacant and unappropriated state-owned land and water and the state land and water acquired in the future that lie within the following boundaries described in this section are designated as the Jonesville Public Use Area, are reserved for all…

(a) In the Jonesville Public Use Area described in AS 41.23.286, the following persons are peace officers of the state for the purpose of enforcing the provisions of AS 41.23.280 — 41.23.289 and regulations adopted under AS 41.23.280 — 41.23.289: (1) an employee of the department…

(a) A person who violates a provision of, or regulation adopted under, AS 41.23.280 — 41.23.289 is guilty of a violation as defined in AS 11.81.900. (b) The supreme court shall establish by order or rule a schedule of bail amounts for violations under (a) of this section that all…

(a) The purpose of AS 41.23.400 — 41.23.510 is to establish as recreation rivers the land and water now owned by the state and the land and water acquired in the future by the state that lies within the recreation rivers and the river corridors described in AS 41.23.500. (b) The …

The commissioner shall allow the following activities on a recreation river or within a recreation river corridor when they are compatible with AS 41.23.400 and consistent with a management plan adopted under AS 41.23.440: (1) the use of aircraft, powerboats, snow machines, all-t…

(a) The state-owned land and water within the area established as a recreation river under AS 41.23.500, including the recreation river corridor, is assigned to the commissioner for management consistent with the purposes of AS 41.23.400. (b) The commissioner shall reserve to the…

(a) The commissioner, in consultation with representatives of affected municipalities, shall prepare and adopt and may revise a management plan for each of the six recreation rivers and their recreation river corridors. In preparing or revising the plan, the commissioner and each…

If a municipality commits land for inclusion in a recreation river corridor described in AS 41.23.500, the commissioner shall obtain the concurrence of the municipality to the management plan proposed under AS 41.23.440 as it applies to municipal land. The commissioner shall coop…

(a) The commissioner may acquire in the name of the state land that is adjacent to or located within the land described in AS 41.23.500 by purchase, lease, gift, or exchange for inclusion within a recreation river corridor. (b) The commissioner may not acquire land for inclusion …

(a) The provisions of AS 38.04, AS 38.05, AS 38.35, and AS 38.95 apply to land described in AS 41.23.500 except to the extent that a provision of AS 41.23.400 — 41.23.510 is inconsistent. (b) The commissioner may conduct only a negotiated timber sale under AS 38.05.115 to provide…

(a) The commissioner may enter into a cooperative management agreement for the management of land and water described in AS 41.23.500 or of other adjacent land and water with a federal agency, a municipality, another agency of the state, or a private landowner. (b) The commission…

State-owned land and water may be established as a recreation river corridor only by the legislature.

Subject to valid existing rights, the state-owned land and water and all land and water acquired by the state in the future, including shore and submerged land that lies within the following described parcels, are established as recreation rivers and reserved as special purpose a…

In AS 41.23.400 — 41.23.510, “recreation river corridor” means the uplands within a recreation river established under AS 41.23.500.

The purpose of AS 41.23.600 — 41.23.620 is to establish the area described in AS 41.23.620 as the Caribou Creek Recreational Mining Area. The Caribou Creek Recreational Mining Area is established to provide for a public recreational mining area to permit public recreational activ…

(a) The commissioner is responsible for the management of the surface and subsurface estate within the Caribou Creek Recreational Mining Area necessary to carry out the purposes of AS 41.23.600. The commissioner shall adopt and may revise a management plan and shall adopt regulat…

The vacant and unappropriated state-owned land and water and the state land and water acquired in the future that lie within 100 feet of either ordinary high water or mean high tide of the banks of the creeks or rivers described in this section are designated as the Caribou Creek…

(a) The purpose of this section is to establish the area described in (f) of this section as the Petersville Recreational Mining Area. The Petersville Recreational Mining Area is established to provide for a public recreational mining area to permit public recreational activities…

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…

(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…

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 …

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…

The commissioner shall adopt regulations to carry out the purposes of AS 41.35.010 — 41.35.240.

(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…

(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…

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…

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. …

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 …

(a) A person may not appropriate, excavate, remove, injure, or destroy, without a permit from the commissioner, any historic, prehistoric, or archeological resources of the state. (b) A person may not possess, sell, buy, or transport within the state, or offer to sell, buy, or tr…

A person who is convicted of violating a provision of AS 41.35.010 — 41.35.240 is guilty of a class A misdemeanor.

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.

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.

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 41.35.010 — 41.35.240 may be cited as the Alaska Historic Preservation Act.

There is created in the department the Alaska Historical Commission.

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…

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.

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.…

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.

At the first meeting of each year, the commission shall elect a chair from among its members.

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.

(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…

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.