Title 38 — Public Land
17 chapters · 340 sections in this title.
AS 38.05.070 Generally.
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(a) Land, including tide, submerged, or shoreland, to which the state holds title or to which the state may become entitled, may be leased, except for the extraction of natural resources and for carbon storage under AS 38.05.700 — 38.05.795, in the manner provided in AS 38.05.070…
AS 38.05.073 Recreational facilities development leasing.
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(a) To identify land suitable for recreational facilities development leasing, the commissioner shall make the identification through a regional land use plan or a site-specific land use plan adopted under AS 38.04.065. The identification of land for leasing under this section sh…
AS 38.05.075 Leasing procedures.
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(a) Except as provided in AS 38.05.035, 38.05.070, 38.05.073, 38.05.081, 38.05.082, 38.05.083, 38.05.087, 38.05.102, 38.05.565, 38.05.600, 38.05.810, and this section, when competitive interest has been demonstrated or the commissioner determines that it is in the state's best in…
AS 38.05.076 Leases for pipeline purposes. [Repealed, § 31 ch 3 FSSLA 1973.]
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[Repealed or reserved.]
AS 38.05.077 Secs. 38.05.077 and 38.05.078. Classification, disposal, and sale of remote parcels. [Repealed, § 7 ch 103 SLA 1983. For current law see AS 38.09.]
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[Repealed or reserved.]
AS 38.05.079 Remote cabin permit. [Repealed, § 38 ch 91 SLA 1997.]
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[Repealed or reserved.]
AS 38.05.080 Rejection of bids.
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Before the director signs the lease, the commissioner may reject all bids for leases when the best interest of the state justifies this action.
AS 38.05.081 Leases of state land for carbon management purposes.
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(a) The commissioner may lease state land for carbon management purposes. However, the commissioner may exclude from consideration land for which a person has submitted a lease application under AS 38.05.083 if the commissioner finds that excluding the land from consideration is …
AS 38.05.082 Leases for shore fisheries development; account.
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(a) The director, with the approval of the commissioner, may lease tide and submerged land for fisheries development. Fisheries development includes the utilization of shore gill nets or set nets for the taking of fish. Every lease issued under this section shall reserve to the p…
AS 38.05.083 Aquatic farming and hatchery site leases.
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(a) The commissioner may offer to the public for lease at public auction or by sealed bid under AS 38.05.075 or by negotiation under AS 38.05.070 a site for aquatic farming or related hatchery operations. Before a final decision to issue a lease under this section, the commission…
AS 38.05.085 Term of lease.
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(a) [Repealed, § 37 ch 2 FSSLA 1992.] (b) [Repealed, § 37 ch 2 FSSLA 1992.] (c) The lessee shall make advance payments of the annual rent or other form of lease compensation specified by the commissioner or that portion of it the commissioner may require. (d) A preference right l…
AS 38.05.087 Forest Service permittees' leasing preference.
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(a) Before offering to the public any land for lease which is subject to a valid existing United States Forest Service permit in effect in a state-selected area on the day before the area was tentatively approved for patent to the state, the director shall offer the land for leas…
AS 38.05.090 Removal or reversion of improvements upon termination of leases.
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(a) Unless otherwise agreed to in writing by the commissioner, a lessee shall remove from a former leasehold (1) all personal property, including above-ground tanks, transportable buildings, equipment, machinery, tools, and other goods, not belonging to the state, within 30 days …
AS 38.05.095 Subleases.
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(a) Except as provided in (b) of this section, a lessee may sublease or assign the leased land or a portion of it if, after application to the director, the director issues a permit. The director may issue a permit upon a finding that it is in the best interests of the state to d…
AS 38.05.096 Exemption from rental payments on land leased for certain liquefied natural gas storage facilities.
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(a) A person leasing state land for a liquefied natural gas storage facility other than a gas storage facility subject to AS 38.05.180(u) may request an exemption from lease payments as provided in this section. The exemption is applicable for the periods described in (b) of this…
AS 38.05.097 Exemption from rental payments on land leased by nonprofit organizations.
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(a) A nonprofit organization using state land leased by it under AS 38.05.070 — 38.05.105 and 38.05.810 for a youth encampment or similar recreational purpose is exempt from lease rental payments on that land. The nonprofit organization shall meet all other terms and conditions o…
AS 38.05.098 Senior citizens exemption.
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(a) The real property occupied as a permanent place of abode by a resident 65 years of age or over and leased by that resident from the state in accordance with AS 38.05.070 — 38.05.105 is exempt from the payment of annual lease rent. Only one exemption may be granted for the sam…
AS 38.05.100 Renewal of lease. [Repealed, § 15 ch 257 SLA 1976.]
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[Repealed or reserved.]
AS 38.05.102 Lessee preference.
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Except for a lease under AS 38.05.081 or 38.05.083, if land within a leasehold created under AS 38.05.070 — 38.05.105 is offered for sale or long-term lease at the termination of the existing leasehold, the director may, upon a finding that it is in the best interest of the state…
AS 38.05.103 Rights of holder of security interest.
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(a) If there is a breach or default of a term of a lease or of the provisions of this chapter relating to a lease, the division shall provide written notice of the breach or default by personal service or by registered or certified mail to the lessee and to any holder of record h…
AS 38.05.105 Periodic rent adjustments.
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(a) Each lease shall stipulate that at five-year intervals as specified in the lease the annual rent payment or other form of lease compensation specified by the commissioner is subject to adjustment. Changes or adjustments shall be based primarily on changes in the lease's fair …
AS 38.05.107 Compensation relating to easements or rights-of-way across state leases. [Repealed, § 1 ch 203 SLA 1975.]
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Article 4. Disposal of Timber.
AS 38.05.110 Sale of timber; timber receipts account.
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[Repealed or reserved.]
AS 38.05.112 Forest land use plans.
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(a) The department may not authorize the harvest of timber, except for harvests of 10 acres or less or timber salvaged from land cleared for a nonforest use, until a site-specific forest land use plan has been adopted. A forest land use plan is required whether or not a regional …
AS 38.05.113 Five-year sale schedule.
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(a) Every two years, the department shall prepare a five-year schedule of timber sales planned on all land managed by the department. The timber sale schedule must provide a time line that identifies timber sales, their volumes, and their locations and must contain sufficient inf…
AS 38.05.115 Limitations and conditions of sale.
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(a) The commissioner shall determine the timber to be sold and the limitations, conditions, and terms of sale. The limitations, conditions, and terms shall include the utilization, development, and maintenance of the sustained yield principle, subject to preference among other be…
AS 38.05.117 Expedited sales for salvage, fire, and pest mitigation.
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(a) After making a written finding that the disposal will serve the best interests of the state under AS 38.05.035(e), the commissioner may offer, on an expedited basis, timber for sale under this section that the commissioner has determined (1) has lost economic value because of…
AS 38.05.118 Negotiated sales.
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(a) Notwithstanding AS 38.05.115 and 38.05.120, and upon a finding that the sale is in the best interest of the state, the commissioner may negotiate a sale of timber to a local manufacturer of wood products or a user of wood fiber at appraised value. The period of a contract for…
AS 38.05.120 Disposal procedure.
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Timber shall be sold either by sealed bids or public auction, depending on which method is determined by the commissioner to be in the best interests of the state, to the highest qualified bidder as determined by the commissioner. An aggrieved bidder may appeal to the commissione…
AS 38.05.123 Negotiated timber sales for local manufacture of wood products.
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Article 5. Reservation of Rights to Alaska.
AS 38.05.125 Reservation.
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(a) Each contract for the sale, lease, or grant of state land, and each deed to state land, properties, or interest in state land, made under AS 38.05.045 — 38.05.120, 38.05.321, 38.05.810 — 38.05.825, AS 38.08, or AS 38.50 except as provided in AS 38.50.050 is subject to the fol…
AS 38.05.126 Navigable and public water.
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(a) The people of the state have a constitutional right to free access to and use of the navigable or public water of the state. (b) The state has full power and control of all of the navigable or public water of the state, both meandered and unmeandered, and the state holds and …
AS 38.05.127 Access to navigable or public water.
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(a) Before the sale, lease, grant, or other disposal of any interest in state land adjacent to a body of water or waterway, the commissioner shall, (1) determine if the body of water or waterway is navigable water, public water, or neither; (2) upon finding that the body of water…
AS 38.05.128 Obstructions to navigable water.
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(a) A person may not obstruct or interfere with the free passage or use by a person of any navigable water unless the obstruction or interference is (1) authorized by law or regulation or by a permit issued by a state agency; (2) exempt under 33 U.S.C. 1344(f) (Clean Water Act); …
AS 38.05.130 Damages and posting of bond.
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Article 6. Oil and Gas Exploration Licenses; Leases. Rights may not be exercised by the state, its lessees, successors, or assigns under the reservation as set out in AS 38.05.125 until the state, its lessees, successors, or assigns make provision to pay the owner of the land ful…
AS 38.05.131 Applicability; determination; regulations.
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(a) Unless specifically provided otherwise in AS 38.05.132 — 38.05.134, the provisions of AS 38.05.005 — 38.05.037, 38.05.140(f), 38.05.180, 38.05.182 — 38.05.184, and 38.05.920 — 38.05.990 apply to the issuance of exploration licenses and leases for oil and gas, or for gas only,…
AS 38.05.132 Exploration license for oil and gas or gas only.
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(a) To encourage exploration for oil and gas on state land, the commissioner may issue exploration licenses. The commissioner may limit the exploration licenses under AS 38.05.132 — 38.05.134 to exploration for and recovery of gas only. The commissioner may not issue an explorati…
AS 38.05.133 License procedures.
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(a) The procedures in this section apply to the issuance of an exploration license under AS 38.05.132. (b) The licensing process is initiated by the commissioner preparing, or a prospective licensee submitting to the commissioner, a proposal that identifies a specific area to be …
AS 38.05.134 Conversion to lease.
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Article 7. Leasing of Mineral Land, and Large-Scale Mine Legislative Approval. If the licensee requests and the commissioner determines that the work commitment obligation set out in an exploration license issued under AS 38.05.132 has been met, the commissioner shall convert to …
AS 38.05.135 Leasing generally; royalty and net profit share payments and interest.
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(a) Except as otherwise provided, valuable mineral deposits in land belonging to the state shall be open to exploration, development, and the extraction of minerals. All land, together with tide, submerged, or shoreland, to which the state holds title to or to which the state may…
AS 38.05.137 Leasing agreements.
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The commissioner is authorized to enter into cooperative mineral leasing agreements with the United States regarding land which is the subject of a title dispute between federal and state authorities. Any such lease need not conform to the provisions of state law applicable to st…
AS 38.05.140 Limitations.
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(a) A person may not take or hold coal leases or permits during the life of coal leases on state land exceeding an aggregate of 92,160 acres, except that a person may apply for coal leases or permits for acreage in addition to 92,160 acres, not exceeding a total of 5,120 addition…
AS 38.05.142 Legislative approval required for certain large-scale mines.
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(a) In addition to permits and authorizations otherwise required by law, a final authorization must be obtained from the legislature for a large-scale metallic sulfide mining operation located within the watershed of the Bristol Bay Fisheries Reserve designated in AS 38.05.140(f)…
AS 38.05.145 Leasing procedure.
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(a) Deposits of coal, phosphates, oil shale, sodium, potassium, oil, gas, geothermal resources and state land containing these deposits are subject to disposition under regulations, recommended by the director and adopted by the commissioner, and the provisions of AS 38.05.145 — …
AS 38.05.150 Coal.
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(a) The commissioner may, and upon the petition of a qualified applicant, shall divide coal land or the deposits of coal owned by the state into leasing tracts of 40 acres each, or multiples of 40 acres, and in the form which will permit the economical mining of the coal in the t…
AS 38.05.152 Sodium.
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(a) The commissioner may grant a prospecting permit to a qualified applicant. The permit gives the exclusive right to prospect for chlorides, sulphates, carbonates, borates, silicates, or nitrates of sodium in land belonging to the state for a period of not exceeding two years. T…
AS 38.05.154 Sulphur.
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(a) Under regulations adopted by the commissioner, the commissioner shall grant a prospecting permit for sulphur to a qualified applicant. The permit gives the applicant the exclusive right to prospect for sulphur, in land belonging to the state, for a period not exceeding two ye…
AS 38.05.155 Phosphates.
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(a) The commissioner may lease to qualified applicants land belonging to the state which contains deposits of phosphates and associated and related minerals, when it is in the public interest to do so. The commissioner may lease land through advertisement, competitive bidding, or…
AS 38.05.157 Potassium.
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(a) Under regulations adopted by the commissioner, the commissioner may grant a prospecting permit to a qualified applicant. The permit gives the applicant the exclusive right to prospect for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium, in land …
AS 38.05.160 Oil shale.
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(a) The commissioner may lease to a qualified person deposits of oil shale belonging to the state and the surface of as much of the land containing these deposits, or land adjacent to it, as may be required for the extraction and reduction of the lease minerals. The lease may not…