Title 38, Public Land
17 chapters · 341 sections in this title.
AS 38.04.005 Policy.
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(a) In order to provide for maximum use of state land consistent with the public interest, it is the policy of the State of Alaska to plan and manage state-owned land to establish a balanced combination of land available for both public and private purposes. The choice of land be…
AS 38.04.010 Public interest in making land available for private use.
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(a) The primary public interest in conveying rights to state land surface to private parties is to make them available to individuals and other persons for direct use in areas classified as suitable for these purposes. In making state land available for private use, the director …
AS 38.04.015 Public interest in retaining state land in public ownership.
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Article 2. Land Availability for Private Use. The primary public interests in retaining areas of state land surface in public ownership are (1) to make them available on a sustained-yield basis for a variety of beneficial uses including subsistence, energy development, aquacultur…
AS 38.04.020 Land disposal bank.
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(a) The commissioner shall establish a land disposal bank containing state land classified for disposal into private ownership. (b) The land disposal bank does not include (1) land nominated for selection or selected by a municipality to satisfy a general grant land entitlement u…
AS 38.04.021 Disposal of municipal grant land entitlements. [Repealed, § 38 ch 91 SLA 1997.]
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[Repealed or reserved.]
AS 38.04.022 State land disposal income fund.
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(a) The revenue from the state land disposal program shall be deposited in the state land disposal income fund in the state treasury. On June 30 of each fiscal year, the portion of that fund that exceeds $5,000,000 shall be deposited in the state general fund. The legislature may…
AS 38.04.025 Variety of uses. [Repealed, § 88 ch 152 SLA 1984.]
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[Repealed or reserved.]
AS 38.04.030 Land availability programs.
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Programs that may be used by the director to make the state's land surface available for private use under AS 38.04.020 38.04.055 include sale of whole or partial rights to the fee simple estate, including conveyance of agricultural use rights; leasing; open-to-entry; homesitin…
AS 38.04.035 Criteria for program selection.
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In determining which land availability program is appropriate for state land in different locations, the director shall be guided by the following criteria: (1) to cover public costs associated with private land use and to provide the public with a fair return for publicly owned …
AS 38.04.040 Availability of university land. [Repealed, § 88 ch 152 SLA 1984.]
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[Repealed or reserved.]
AS 38.04.045 Survey and subdivision.
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(a) [Repealed, § 88 ch 152 SLA 1984.] (b) Before the issuance of a long-term lease under AS 38.05.070 or of a patent for state land, an official cadastral survey shall be accomplished, unless a comparable, approved survey exists that has been conducted by the federal Bureau of La…
AS 38.04.050 Access to private use areas.
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Wherever state land is surveyed for purposes of private use, legal rights-of-way and easements shall be reserved for access and, where appropriate, for utility services to each parcel of land. A right-of-way or easement shall be located to assure adequate and feasible access for …
AS 38.04.055 Access through private use areas.
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The commissioner shall reserve easements and rights-of-way on and across land that is made available for private use as necessary to reach or use public water and public and private land. An easement or right-of-way reserved under this section shall include trails that have an es…
AS 38.04.058 Restrictions on easement or right-of-way use.
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Article 3. Inventory, Planning, and Classification. The commissioner may, under terms agreed to in writing by a grantee, lessee, or interest holder of state land, restrict the use of an easement or right-of-way reserved under AS 38.04.050, 38.04.055, or other law in order to prot…
AS 38.04.060 Inventory.
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(a) The commissioner shall prepare and maintain on a continuing basis an inventory of all state land and water and their resource and other values, giving priority to areas of potential settlement, economic development, and critical environmental concern. This inventory shall be …
AS 38.04.062 Identification of state submerged land.
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(a) Except as provided in (f) of this section, the state owns all submerged land underlying navigable water to which title passed to the state at the time the state achieved statehood under the equal footing doctrine or 43 U.S.C. 1301 1315 (Submerged Lands Act of 1953). (b) The…
AS 38.04.065 Land use planning and classification.
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(a) Except as provided in (d) and (h) of this section, the commissioner shall, with local governmental and public involvement under AS 38.05.945, adopt, maintain, and, when appropriate, revise regional land use plans that provide for the use and management of state-owned land. (b…
AS 38.04.070 Management categories.
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Article 4. Access to State Land and Fishing Streams. State land classified for uses and purposes involving retention in public ownership may be included in the following management categories: (1) state public reserve land: areas of public land to be managed for a wide variety of…
AS 38.04.200 Traditional means of access.
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(a) The commissioner may not manage state land, water, or land and water so that a traditional means of access for traditional outdoor activities is restricted for the purpose of protecting aesthetic values of the land, water, or land and water or is prohibited unless the restric…
AS 38.04.205 Fishing stream access report.
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Article 5. General Provisions. (a) The department, in consultation with the commissioner of fish and game, shall annually, not later than the 10th day of each regular legislative session, provide to the legislature and the governor, and post on the department's Internet website, …
AS 38.04.900 Regulations.
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(a) The commissioner shall adopt under the Administrative Procedure Act (AS 44.62) regulations believed necessary to carry out the purposes of this chapter. (b) A municipality has standing to petition the commissioner for the adoption of a regulation, or for the amendment or repe…
AS 38.04.910 Definitions.
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In this chapter, unless the context otherwise requires, (1) commissioner means the commissioner of natural resources; (2) director means the director of the division of lands of the Department of Natural Resources; (3) fair market value means the price at which a willing se…
AS 38.05.005 Division of lands.
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The commissioner shall control and supervise the division of lands created and established under the Department of Natural Resources. The director has administrative powers and other delegated duties, as prescribed by law or regulation.
AS 38.05.010 Appointment of director.
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The commissioner shall appoint a director. The director is the executive officer of the division of lands.
AS 38.05.015 Director serves at pleasure of commissioner.
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The director serves at the pleasure of the commissioner.
AS 38.05.020 Authority and duties of the commissioner.
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(a) The commissioner shall supervise the administration of the division of lands. (b) The commissioner may (1) establish reasonable procedures and adopt reasonable regulations necessary to carry out this chapter and, whenever necessary, issue directives or orders to the director …
AS 38.05.021 Big game guide concession area permit program.
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(a) The commissioner shall implement a big game guide concession area permit program to limit the number of individuals authorized to conduct big game guiding on land in the state where the Board of Game has approved the establishment of a big game guide concession area under AS …
AS 38.05.022 Big game guide concession area permit program.
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(a) The commissioner shall implement a big game guide concession area permit program to limit the number of individuals authorized to conduct big game guiding on land in the state where the Board of Game has approved the establishment of a big game guide concession area under AS …
AS 38.05.023 Terms in an agreement or contract related to a North Slope natural gas project.
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(a) An agreement or contract to which the state or an entity of the state is a party that is negotiated under AS 38.05.020(b)(11) must include a requirement that the state or an entity of the state shall have access to data developed under the agreement or contract in which the s…
AS 38.05.025 Continuing regulations, agreements, etc.
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All rules, regulations, procedures, funds, contracts, and agreements established or entered into by the Department of Lands before May 2, 1959, under the authority of ch. 126, SLA 1953, as amended, and ch. 184, SLA 1957, are continued, and are subject to amendment by the commissi…
AS 38.05.027 Cooperative resource management or development agreements.
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(a) Consistent with the authority of the commissioner under law, the commissioner, after determining that the agreement is in the best interests of the public and the state, may enter into cooperative resource management or development agreements with the federal government, a st…
AS 38.05.030 Exceptions.
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(a) [Repealed, § 88 ch 152 SLA 1984.] (b) The provisions of this chapter do not apply to any power, duty or authority now or in the future granted to the Department of Transportation and Public Facilities in the name of the state, to acquire, use, lease, dispose of, or exchange r…
AS 38.05.032 School land disposition procedures. [Repealed, § 20 ch 182 SLA 1978.]
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[Repealed or reserved.]
AS 38.05.035 Powers and duties of the director.
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(a) The director shall (1) have general charge and supervision of the division and may exercise the powers specifically delegated to the director; the director may employ and fix the compensation of assistants and employees necessary for the operations of the division; the direct…
AS 38.05.036 Audit of royalty and net profit payments and costs.
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(a) The department may conduct audits regarding royalty and net profits under oil and gas contracts, agreements, or leases under this chapter and regarding costs related to exploration licenses entered into under AS 38.05.131 38.05.134 and exploration incentive credits under th…
AS 38.05.037 Zoning regulations in the unorganized borough.
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(a) In areas of the state outside first, second, or third class boroughs where there is no municipality with a zoning power, the division of lands shall exercise the zoning power by adopting zoning regulations. (b) The division of lands may exercise its zoning power (1) within fe…
AS 38.05.040 Director shall be bonded. [Repealed, § 38 ch 91 SLA 1997.]
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Article 2. Sale of Land.
AS 38.05.045 Generally.
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All land owned in fee by the state or to which the state may become entitled, excepting tide, submerged, or shoreland, and timber or grazing land, may be sold as provided in AS 38.05.045 38.05.069 and AS 38.08. However, this section does not prevent the disposition of land as p…
AS 38.05.047 Classification and sale of state land in municipalities. [Repealed, § 45 ch 113 SLA 1981. For current law see AS 38.04.020.]
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[Repealed or reserved.]
AS 38.05.050 Disposal of land for private ownership.
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The commissioner shall determine the land to be disposed of for private use. The commissioner shall determine the time and place of disposal. A public auction sale, a sale by sealed bid, a lottery sale, or a disposal of land for homesites may be held in a community that is near t…
AS 38.05.055 Auction sale or sealed bid procedures.
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Unless another method of sale is required under this chapter, AS 38.08, or AS 38.09, the sale of state land shall be made at public auction or by sealed bid, at the discretion of the director, to the highest qualified bidder as determined by the director. The director may accept …
AS 38.05.057 Disposal of land by lottery.
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(a) The commissioner may dispose of land, including land limited to use for agricultural purposes, by lottery. The purchase price of land sold by lottery shall be the fair market value of the land as determined by the commissioner. The commissioner may sell land by lottery for le…
AS 38.05.058 Land discount program. [Repealed, § 19 ch 67 SLA 1983.]
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[Repealed or reserved.]
AS 38.05.059 Sale of agricultural land.
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The commissioner, after consulting with the Board of Agriculture and Conservation (AS 03.09.010), may provide for the sale of land classified under AS 38.05.020(b)(6) for agricultural uses in parcels or tracts described by aliquot parts. The parcels or tracts are subject to state…
AS 38.05.060 Rejection of bids.
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Before the signing of the formal conveyance by the director, the commissioner may reject all bids when the best interests of the state justify this action. Land offered at public sale but not sold may be made available at private sale for not less than its appraised value.
AS 38.05.063 Sales for pipeline purposes. [Repealed, § 31 ch 3 FSSLA 1973.]
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[Repealed or reserved.]
AS 38.05.065 Terms of contract of sale.
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(a) The contract of sale for land sold at public auction or by sealed bid under AS 38.05.055 shall require the remainder of the purchase price to be paid in monthly, quarterly, or annual installments over a period of not more than 20 years, with interest at the rate provided in (…
AS 38.05.066 Preference to persons for fishery purposes. [Repealed, § 34 ch 94 SLA 1980.]
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[Repealed or reserved.]
AS 38.05.067 Preference for veterans for unoccupied residential land.
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(a) Except as provided in (d) of this section, before offering to the general public any unoccupied residential land, the director shall offer the land at a restricted sale at which only veterans may buy. (b) The director may not sell the land under this section at less than the …
AS 38.05.068 Forest Service permittees' sales preference.
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(a) Before offering to the public any land which is subject to a valid existing United States Forest Service permit in effect on the day before that land is tentatively approved for patent to the state, or which is subject to a lease issued under AS 38.05.087, the director shall …