Alaska Stat. § 38.05.840 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.840
Appraisal.
Status: in_force

(a) Land may not be sold or leased, or a renewal lease issued, except in the case of an oil or gas or mineral lease, unless it has been appraised within two years before the date fixed for the sale or lease. When land is offered at public sale but is not sold and is available at private sale, a reappraisal is not required unless the director considers that a change in value of the land may have occurred. A grazing lease may be granted to a lessee of federal grazing land without prior appraisal if the federal lease was cancelled to allow the state to select the land under lease. Land may not be sold or leased for less than the approved, appraised market value, except as provided in AS 38.05.055 , 38.05.057, 38.05.075  38.05.085, 38.05.097, 38.05.810, and 38.05.820.

(b) Appraisals required by this section may be made by employees of the department who are qualified to determine the value of land under standards set by the commissioner.
Alaska Stat. § 38.09.070 — AK Code / Title 38 / Chapter 38.09 / Section 38.09.070
Priority of applications.
Status: in_force

The commissioner shall issue a homestead entry permit to the first applicant for land to comply with AS 38.09.020 (b).
Alaska Stat. § 38.95.150 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.150
Survey of state land.
Status: in_force

A professional land surveyor registered to practice under AS 08.48 shall certify the location and monumentation of boundaries and the platting and subdivision of state land. This section does not apply to surveys, monumentation, platting, or subdivision performed by the federal government.
Alaska Stat. § 38.35.020 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.020
Grant of right-of-way lease.
Status: in_force

(a) Rights-of-way on state land, including rights-of-way over, under, along, across, or on the right-of-way of a public road or highway or the right-of-way of a railroad or other public utility, or across, on, over, or under a river or other body of water or land belonging to or administered by the state may be granted by noncompetitive lease by the commissioner for pipeline purposes for the transportation of oil, products, carbon dioxide, or natural gas under those conditions prescribed by law or by administrative regulation. Except to the extent authorized by an oil and gas lease, a gas only lease, or a carbon storage lease, or an oil and gas, gas only, or carbon storage unit agreement approved by the state, no person may engage in any construction or operation of any part of an oil, products, carbon dioxide, or natural gas pipeline that is or is proposed to be, in whole or in part, on state land unless that person has obtained from the commissioner a right-of-way lease of the land under this chapter.

(b) The commissioner may by regulation exempt from the requirement of a right-of-way lease under this chapter the construction or operation of (1) field gathering lines or any reasonable classification of field gathering lines; and

(2) a pipeline transporting carbon dioxide within a field for the purpose of an enhanced oil or gas recovery project under AS 41.06.185 or field pressurization measures within that same field.

(c) The commissioner may provide in a lease issued under this section that a lessee may, with the approval of the commissioner, use materials from state land when necessary to protect state land and resources from the dangers or hazards resulting from damage caused by a pipeline disaster or emergency. If the commissioner approves the use of state materials under this subsection, the materials remain the property of the state until the material is sold to the lessee in accordance with the provisions of the lease. However, the approval does not transfer responsibility for clean up of the materials to the state.
Alaska Stat. § 38.95.250 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.250
Proceeds of sale or redemption.
Status: in_force

(a) The department shall deposit the proceeds of real property sold under AS 38.95.230 (a)(1) less the expenses of sale, including attorney fees and appraisal and publication costs, in an escheated real property trust account. The department shall maintain the proceeds in the account for a period of at least seven years after the date of the judgment of escheat. The department may use money in the trust account to pay claims made under AS 38.95.240 .

(b) All money collected under (a) of this section not required to be kept in the escheated real property trust account shall be deposited in the general fund.
Alaska Stat. § 38.35.110 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.110
Term of lease; continuation.
Status: in_force

(a) Each lease of state land for pipeline right-of-way purposes must contain a provision that the lease shall run for a specified term of not greater than 30 years, and shall be renewable for additional periods of up to 30 years each, so long as the lessee is in commercial operation and is in full compliance with all state law, including but not limited to state law pertaining to regulation and taxation of the pipeline facility, and is in compliance with all terms of the lease. In making this determination, the commissioner shall take into consideration the cost of the proposed pipeline, its useful life, and the probable financing requirement for the proposed pipeline.

(b) If the lessee has timely requested and is pursuing renewal and the determination on the renewal has not been issued before expiration of the existing lease term, the commissioner shall continue the lease subject to the terms and conditions that were applicable to the lease in effect at the time of expiration of the lease's term until the commissioner issues a final determination on the renewal.
Alaska Stat. § 38.04.020 — AK Code / Title 38 / Chapter 38.04 / Section 38.04.020
Land disposal bank.
Status: in_force

(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 under AS 29.65 or former AS 29.18.201  29.18.213;

(2) land retained in state ownership for multiple-use management;

(3) land where less than a fee simple title has been conveyed;

(4) land retained in state ownership under an enactment of the legislature or by the governor or a state agency under authority of law.

(c) Land to be retained in state ownership may be classified by the commissioner into multiple-use management categories under AS 38.05.300 . Land outside a municipality to be retained in state ownership consists of land classified for retention in state ownership by the commissioner by July 1, 1985. Land conveyed to the state by the federal government that is to be retained in state ownership consists of land classified by the commissioner within two years of receipt of tentative approval or patent, whichever occurs first. State land not classified for retention in state ownership or selected by a municipality under this section shall be classified and included in the land disposal bank. The commissioner shall ensure that the bank includes at least 500,000 acres.

(d) By January 15 of the first session of each legislature, the commissioner shall notify the legislature that the commissioner has available a report on the status of land in the land disposal bank under the following categories: (1) land suitable for homestead disposal;

(2) land suitable for subdivision disposal;

(3) land suitable for agricultural, commercial, or industrial disposal; and

(4) land suitable for other purposes.

(e) The commissioner shall annually submit to the governor an appropriation request for funding estimated to be necessary for the next two years to allow (1) survey and disposal of land proposed to be made available for homestead staking, with the general location of the land;

(2) survey and disposal of land to be offered as agricultural, commercial, industrial, or other uses under AS 38.05.055 or 38.05.057, with the general location of the land;

(3) the survey and disposal of land proposed to be offered as subdivisions, with the general location of the land;

(4) preliminary feasibility studies, engineering design work, right-of-way acquisition, and construction of access roads and capital improvements required by municipal subdivision ordinance or regulation of the platting authority;

(5) identification of land that will be proposed for disposal under this subsection in future fiscal years.

(f) The request of the commissioner under (e) of this section shall include an analysis and an assessment of the market demand for the land proposed for disposal.

(g) After July 1 of each year, the commissioner shall direct the expenditure of money appropriated for the disposal of land in response to requests made under (e) and (f) of this section for the following: (1) land designated as suitable for homestead disposal shall be classified and surveyed under this chapter and AS 38.05 and made available for staking and lease under AS 38.09 ;

(2) land designated as suitable for subdivision and homesite disposal shall be surveyed, subdivided, classified, and disposed of under this chapter, AS 38.05 , and AS 38.08 ;

(3) land designated commercial, industrial, or suitable for other disposal shall be sold under AS 38.05.055 or 38.05.057;

(4) land designated agricultural shall be disposed of under AS 38.05.055  38.05.065, except the Board of Agriculture and Conservation ( AS 03.09.010 ) shall receive notice of each proposed disposal and be given an opportunity to comment before the final disposal decision is made.

(h) Individual parcels disposed of in subdivisions intended for private residential or recreational use may not exceed five acres unless the commissioner determines that a larger size is necessary to comply with municipal ordinances; to permit the design of a viable subdivision because of topographical features, soil conditions, on-site sewage disposal requirements, or water drainage or supply considerations that are unique to the subdivision; to increase the return to the state from the sale of the parcels; to minimize adverse effect on wildlife, fishery, public recreation, timber, or other significant resources in the area; or to minimize adverse effect on other residential uses in the area.

(i) Nothing in this section prevents the disposal of other land by the commissioner in accordance with AS 38.05.055 , 38.05.057, 38.05.070, the issuance of remote recreational cabin site leases or sales under AS 38.05.600 , AS 38.08 , AS 38.09 , or other law.

(j) A person or an agency of the state may nominate land retained in state ownership for inclusion in the land disposal bank or may nominate land in the land disposal bank for retention in state ownership. The commissioner shall hold public hearings semiannually to take nominations under this subsection. A transfer of land from retention in state ownership to the land disposal bank or from the land disposal bank to retention in state ownership shall be accomplished through a classification order under AS 38.05.300 and with notice under AS 38.05.945 . The commissioner shall make a written determination within six months after receipt of a nomination if the commissioner determines that the land nominated will not be classified or reclassified as requested.

(k) The commissioner may withdraw from the land disposal bank state land that has been offered for disposal but not conveyed within five years after the inclusion in the land disposal bank. State land withdrawn from the land disposal bank under this section must be reclassified under AS 38.04.065 .
Alaska Stat. § 38.05.821 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.821
Tideland seaward of public recreational sites.
Status: in_force

(a) Notwithstanding any other provision of law, a home rule or general law municipality that accepts by conveyance or other disposition from the state a public recreation area facility developed under the terms of P.L. 84-507, 70 Stat. 130, upon application, shall receive by conveyance from the director all land owned by the state seaward of the public recreation area facility that is between the mean high tide line and the mean low tide line. The director may adopt necessary regulations providing for the conveyance of land under this section.

(b) Interests obtained by lease for shore fisheries development, sale, permit, or lease for mineral exploration, development, or extraction, or for any other purpose, before August 13, 1974, are affected by this section only on the date of their expiration or termination.
Alaska Stat. § 38.35.100 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.100
Decision on application.
Status: in_force

(a) The commissioner shall promptly determine, in a written finding, on an application filed under AS 38.35.050 , whether the applicant is fit, willing, and able to perform the transportation or other acts proposed in a manner that will be required by the present or future public interest. In making a determination the commissioner shall consider whether or not (1) the proposed use of the right-of-way will unreasonably conflict with existing uses of the land involving a superior public interest;

(2) the applicant has the technical and financial capability to protect state and private property interests;

(3) the applicant has the technical and financial capability to take action to the extent reasonably practical to (A) prevent any significant adverse environmental impact, including but not limited to erosion of the surface of the land and damage to fish and wildlife and their habitat;

(B) undertake any necessary restoration or revegetation; and

(C) protect the interests of individuals living in the general area of the right-of-way who rely on fish, wildlife, and biotic resources of the area for subsistence purposes;

(4) the applicant has the financial capability to pay reasonably foreseeable damages for which the applicant may become liable on claims arising from the construction, operation, maintenance, or termination of the pipeline;

(5) the applicant has agreed that in the construction and operation of a pipeline within the right-of-way the applicant will comply with, and require contractors and their subcontractors to comply with, applicable and valid laws and regulations regarding the hiring of residents of the state then in effect or that take effect subsequently.

(b) If the commissioner makes the determinations under (a) of this section favorably to the applicant, then the commissioner may grant the whole or part of the application. If the commissioner makes the determinations under (a)(1)  (5) of this section favorably to the applicant but determines that the applicant is not then fit, willing, and able to perform under the application, the commissioner may grant the application under a conditional lease subject to conditions established by the commissioner that will ensure that the applicant will, within a prescribed period of time not exceeding 10 years, establish that the applicant is fit, willing, and able, under (a) of this section, to perform the transportation or other acts that will be required by the present or future public interest. An applicant is not entitled to a notice or authorization to proceed to construction, or its equivalent, under a conditional lease until the commissioner determines in writing that the applicant has satisfactorily established that the applicant is then fit, willing, and able to perform under (a) of this section. Otherwise, the commissioner shall deny the application.

(c) The commissioner may offer the applicant a lease or a conditional lease under this section. If the applicant does not accept a lease offered under this section within 30 days, the lease offered is withdrawn.

(d) The commissioner shall include in a conditional lease each requirement and condition of the covenants established under AS 38.35.120 or 38.35.121, as applicable. The commissioner may also require that the lessee agree to additional conditions that the commissioner finds to be in the public interest. In place of the covenant established under AS 38.35.120 (a)(9), the commissioner shall require the lessee to agree that it will not transfer, assign, pledge, or dispose of in any manner, directly or indirectly, its interest in a conditional right-of-way lease or a pipeline subject to the conditional lease, unless the commissioner, after considering the public interest and issuing written findings to substantiate a decision to allow the transfer, authorizes the transfer. The commissioner shall also require the lessee to agree not to allow the transfer of control of the lessee without the approval of the commissioner; as used in this subsection, transfer of control of the lessee means the transfer of 30 percent or more, in the aggregate, of ownership interest in the lessee in one or more transactions to one or more persons by one or more persons.

(e) The commissioner shall require a conditional lessee to agree that (1) in the absence of the approval of the commissioner, a transfer may not relieve the lessee of an obligation assumed under the lease;

(2) a transfer, including the transfer of lessee, that occurs without the approval of the commissioner is ineffective to transfer interests in and obligations under the lease; and

(3) a transfer constitutes a default under the lease.

(f) In an application for the approval under (d) of this section of a transfer of an interest, the commissioner shall consider whether the proposed transferee will be fit, willing, and able to perform the transportation or other acts proposed under the conditions established in the conditional lease and whether the transfer is in the public interest. In approving the transfer of an interest under (d) of this section and this subsection, the commissioner may impose any condition on the transfer that the commissioner considers in the public interest.

(g) If, during the term of a conditional lease, the commissioner determines under (a) of this section that the applicant is fit, willing, and able to perform the transportation or other acts proposed in a manner that will be required by the present or future public interest, the commissioner may amend the conditional right-of-way lease to insert the covenant established in AS 38.35.120 (a)(9) in place of the covenant against a transfer established under (d) and (e) of this section.

(h) The issuance of a conditional lease does not prevent the commissioner from issuing other conditional or unconditional leases for the same right-of-way. A conditional lease may be revoked at any time that the commissioner determines that the applicant or conditional lessee will not be fit, willing, and able to perform during the term of the lease or when another applicant or conditional lessee is determined to be fit, willing, and able to perform under an application or lease for all or part of the right-of-way. An applicant or conditional lessee accrues no rights, including preference or priority rights, to a particular right-of-way until the commissioner makes a determination that the applicant or conditional lessee is then fit, willing, and able to perform the transportation or other acts proposed under (a) of this section.

(i) The commissioner shall insert a provision implementing the requirements of (a)(5) of this section into each agreement entered into by the commissioner for the construction and operation of a pipeline within the state.
Alaska Stat. § 38.09.110 — AK Code / Title 38 / Chapter 38.09 / Section 38.09.110
Regulations.
Status: in_force

The commissioner shall adopt regulations to implement this chapter.
Alaska Stat. § 38.05.010 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.010
Appointment of director.
Status: in_force

The commissioner shall appoint a director. The director is the executive officer of the division of lands.
Alaska Stat. § 38.05.505 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.505
Exclusive enforcement.
Status: in_force

(a) The state has exclusive jurisdiction to enforce the provisions of AS 38.05.500  38.05.505.

(b) An individual may institute a civil action to recover damages for injury or loss sustained as the result of a violation of the provisions of AS 38.05.500  38.05.505 or for the failure of the state to enforce its trust responsibilities to the people of the state.

Article 14. Material Sales.
Alaska Stat. § 38.05.132 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.132
Exploration license for oil and gas or gas only.
Status: in_force

(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 exploration license on land that is held under an existing coal lease entered into under AS 38.05.150 that has an active permit for exploration or mining unless the licensee under this subsection is also the lessee under AS 38.05.150 of that land.

(b) An exploration license issued under this section gives the licensee (1) the exclusive right to explore, for a term not to exceed 10 years, on unleased state land described in the exploration license for deposits of oil and gas, or for deposits of gas only, as appropriate, unless the exploration license is terminated under (d)(1) of this section or the land is earlier relinquished, removed, or deleted under (d)(2) of this section; and

(2) unless the exploration license is terminated under (d)(1) of this section, the option to convert the exploration license for all or part of the state land, except the land that is deleted or removed from the land described in the exploration license under (d)(2) of this section, into an oil and gas lease, or a gas lease only, as appropriate, upon fulfillment of the work commitments contained in the exploration license.

(c) An exploration license awarded under this section (1) is not subject to the acreage limitations imposed by AS 38.05.140 (c) or 38.05.180(m);

(2) may cover, subject to the maximum acreage limitation on exploration licenses by one licensee under AS 38.05.131 (e), an area of not less than 10,000 acres and not more than 500,000 acres, that must be reasonably compact and contiguous;

(3) must be conditioned upon an obligation to perform a specified work commitment, in total for the term of the license, expressed in dollars of direct exploration expenditures; the specified work commitment (A) may include a provision that adjusts the total amount of work commitment, expressed in dollars of direct exploration expenditures, to account for inflation;

(B) must include a requirement that the licensee complete at least 25 percent of the licensee's total specified work commitment by the fourth anniversary of the effective date of the issuance of the exploration license;

(4) must be conditioned upon the posting of a bond or other security acceptable to the commissioner, in favor of the state and subject to the following requirements: (A) the bond or other security must be renewed annually;

(B) the annual bond or other security shall be calculated as the entire work commitment expressed in dollars, less the cumulative direct exploration expenditures of the licensee as of the last day of the most recent project year, divided by the number of years remaining in the term of the exploration license;

(5) is subject to an annual review and revocation if the commissioner determines that the licensee has failed to provide or maintain in effect the bond or other security required by (4) of this subsection;

(6) must be conditioned upon the licensee's payment to the state of a nonrefundable exploration license fee of $1 for each acre of land or fraction of each acre that is subject to the exploration license; and

(7) must be conditioned upon an agreement that exploration expenditures are subject to audit by the commissioner.

(d) If, on the fourth anniversary of the effective date of the issuance of the exploration license awarded under this section, (1) the licensee has not completed at least 25 percent of the licensee's total specified work commitment, as measured by the licensee's direct exploration expenditures, the exploration license terminates;

(2) the licensee has completed at least 25 percent but has not completed at least 50 percent of the licensee's total specified work commitment, as measured by the licensee's direct exploration expenditure, the commissioner shall remove or delete or shall require the licensee to relinquish a portion of the area within the exploration license; relinquishment, removal, or deletion of an area from the state land described in the exploration license terminates the licensee's rights under AS 38.05.131  38.05.134 in the area that is relinquished, removed, or deleted; a relinquishment, removal, or deletion of a portion of the area described in the exploration license must be in areas that are reasonably compact and contiguous; the areas relinquished from the state land described in the exploration license must be areas identified by the licensee but, if the licensee fails to identify sufficient area, the commissioner may identify any additional acreage required to be removed or deleted from the area under license to meet the requirements of this subsection; within the area described in the exploration license issued under (a)  (c) of this section, (A) 25 percent must be relinquished, removed, or deleted not later than the fourth anniversary of the effective date of the issuance of the exploration license;

(B) an additional 10 percent of the acreage remaining after relinquishment, removal, or deletion of acreage required by (A) of this paragraph and by previous relinquishments, removals, or deletions under this paragraph must be removed or deleted on each of the succeeding anniversaries of the effective date of the issuance of the exploration license;

(C) the cumulative total of the acreage relinquished, removed, or deleted under (A) and (B) of this paragraph may not be required to exceed 50 percent of the area awarded within the original exploration license area.

(e) If, immediately before the beginning of the period for annual renewal of the bond or other security under (c)(4)(A) of this section, the licensee fails to provide or maintain in effect the bond or other security required by (c) of this section for the period covered by the annual renewal and the commissioner revokes the exploration license, the bond or other security then in effect for the licensee's obligations under the exploration license is forfeited to the state.

(f) In this section, (1) direct exploration expenditure means cash expenses undertaken in performance of a specified work commitment under the provisions of AS 38.05.131  38.05.134 and necessarily incurred by the licensee in the permitting, mobilization, conducting, demobilization, and evaluation of geophysical and geological surveys, or the drilling, logging, coring, testing, and evaluation of oil and gas or gas only wells; the term (A) includes direct labor costs, including the cost of benefits, for employees directly associated with the work commitment programs, the cost of renting or leasing equipment from parties not affiliated with the licensee, the reasonable costs of maintaining and operating equipment, payments to consultants and independent contractors not affiliated with the licensee, and costs of materials and supplies;

(B) does not include noncash expenses such as depreciation and reserves, interest or other costs of borrowed funds, return on investment, overhead, insurance or bond premiums, or any other expense that is unreasonable or that the licensee has not incurred to satisfy the licensee's work commitment;

(2) work commitment includes the drilling of one or more exploration wells or the gathering of data from activities described in (1) of this subsection, or both.
Alaska Stat. § 38.05.725 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.725
Development and operation plans and unitization.
Status: in_force

(a) The commissioner shall require the filing and approval of a plan of development and operation for a carbon storage lease.

(b) To prevent or assist in preventing waste, and to protect the correlative rights of persons owning interest in the tracts of land affected, with the approval of the commissioner, a group of lessees may validly integrate the lessees' interests to provide for the unitized management, development, and operation of the tracts of land as a unit. The commissioner may suspend or modify a development plan approved under (a) of this section in accordance with the unit agreement. In this subsection, unit agreement means an agreement by lessees with an interest in the unit, the state, and any other carbon storage lessor with an interest in the unit.

(c) A lease operated under a plan approved or prescribed by the commissioner under this section is excepted from determining holdings or control under AS 38.05.140 . The provisions of this section concerning cooperative or unit plans are in addition to and do not affect AS 31.05 and AS 41.06 .
Alaska Stat. § 38.05.700 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.700
Applicability and regulations.
Status: in_force

(a) The provisions of AS 38.05.700  38.05.795 apply to the licensing of state land for carbon storage exploration and the leasing of state land for carbon storage.

(b) The commissioner may adopt regulations necessary to implement AS 38.05.700  38.05.795.
Alaska Stat. § 38.05.195 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.195
Mining claims.
Status: in_force

(a) Rights to deposits of minerals subject to AS 38.05.185  38.05.275 in or on state land that is open to claim staking may be acquired by discovery, location, and recording as prescribed in AS 38.05.185  38.05.275. The locator has the exclusive right of possession and extraction of the minerals subject to AS 38.05.185  38.05.275 lying within the boundaries of the claim.

(b) The locator may locate a claim using one of the following methods: (1) a locator may locate a claim based on the ground location of a quarter section or quarter-quarter section of a township on a rectangular survey system approved by the commissioner; a claim established in this manner may be known as a meridian, township, range, section, and claim system location, or MTRSC location; a locator using the MTRSC system to locate a claim shall in good faith mark the corners of a location as closely as practical to the existing quarter section or quarter-quarter section of the rectangular survey system approved by the commissioner; the corners marked on the ground of a claim established in accordance with this paragraph and regulations of the commissioner control in the event of a conflict over boundaries for the quarter section or quarter-quarter section on the protracted or actual survey approved by the commissioner; a valid MTRSC location establishes rights to deposits of minerals in or on all state land within the quarter section or quarter-quarter section that is open to claim staking at the time of location; or

(2) a locator may locate a claim based on the staking of a ground location in which the claim may not exceed 1,320 feet in its longest dimension; the boundaries of a claim based on staking and located after January 1, 1985, shall run in the four cardinal directions unless the claim is a fractional claim or the commissioner determines that staking in compliance with this paragraph is impractical because of local topography or because of the location of other claims; a claim established in this manner may be known as a non-MTRSC location.

(c) A location's corners shall be distinctly marked on the ground in the manner prescribed by the commissioner, and a notice of location shall be attached to a monument at the claim's northeast corner in the manner and containing the information required by the commissioner. Within 45 days after the date of attaching the notice of location on the monument, the locator shall record a certificate of location in the recording district where the claim is located. The certificate of location must contain the information required by the commissioner.

(d) Locations may be amended in the manner and with the effect prescribed in AS 38.05.200 .
Alaska Stat. § 38.04.065 — AK Code / Title 38 / Chapter 38.04 / Section 38.04.065
Land use planning and classification.
Status: in_force

(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) In the adoption and revision of regional and site-specific land use plans, the commissioner shall (1) use and observe the principles of multiple use and sustained yield;

(2) consider physical, economic, and social factors affecting the area and involve other agencies and the public in achieving a systematic interdisciplinary approach;

(3) give priority to planning and classification in areas of potential settlement, renewable and nonrenewable resource development, and critical environmental concern;

(4) rely, to the extent that it is available, on the inventory of the state land, its resources, and other values;

(5) consider present and potential uses of state land;

(6) consider the supply, resources, and present and potential use of land under other ownership within the area of concern;

(7) plan for compatible surface and mineral land use classifications; and

(8) provide for meaningful participation in the planning process by affected local governments, state and federal agencies, adjacent landowners, and the general public.

(c) The commissioner shall adopt regional land use plans for state land. Each regional land use plan must identify and delineate (1) areas of settlement and settlement impact, where land must be classified for various private uses, renewable and nonrenewable resource development, and for public recreation, open space, and other public uses desirable in and around settlement; and

(2) areas that must be retained in state ownership and planned and classified for various uses and purposes under AS 38.04.015 .

(d) The commissioner may adopt as a land use plan a comprehensive plan adopted by a municipality having planning and zoning powers or a land management plan adopted by another governmental entity if the commissioner determines that the plan adequately recognizes and protects state interests. A decision to adopt the plan must be preceded by public hearings in affected and interested communities and by a draft decision, available for public review, that describes the state's interests and how the state will implement the plan.

(e) Land shall be classified as provided in AS 38.05.300 .

(f) Each decision about the location of easements and rights-of-way, other than for minor access, shall be integrated with land use planning and classification. In this subsection, minor access means (1) an easement for fiber optic cable of any length in an area where the land has not yet been classified; and

(2) other comparable easements as determined by the commissioner in regulation.

(g) Each land use plan adopted by the commissioner under this section shall be consistent with municipal land use plans to the maximum extent determined consistent with the state interests and the purposes of this chapter.

(h) Before the commissioner adopts a regional land use plan, a land classification may be made on the basis of a site-specific land use plan. After adoption of a regional land use plan, land classifications shall be made under the plan.

(i) An oil and gas lease sale or gas only lease sale is not subject to this section. Oil and gas lease sales and gas only lease sales are subject to the planning process established under AS 38.05.180 .
Alaska Stat. § 38.95.010 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.010
State's interest may not be obtained by adverse possession or prescription.
Status: in_force

No prescription or statute of limitations runs against the title or interest of the state to land under the jurisdiction of the state. No title or interest to land under the jurisdiction of the state may be acquired by adverse possession or prescription, or in any other manner except by conveyance from the state.
Alaska Stat. § 38.95.160 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.160
Improvements on state land.
Status: in_force

(a) The location and design of a publicly financed improvement on state land that costs more than $100,000 shall be supervised by a professional registered to practice under AS 08.48 . A lease, easement, right-of-way, or other similar agreement that permits the use and improvement of state land under this section shall be documented by a recorded plat.

(b) In this section, (1) publicly financed improvement means an improvement financed with state or federal money that is constructed by the state or an instrumentality of the state and includes, but is not limited to, onshore or offshore oil drilling or pumping operations, roads, bridges, pipelines, seismic lines, logging and mining operations, dams, buildings, and electric power transmission lines;

(2) state land does not include land owned by the Board of Regents of the University of Alaska.

Article 6. Real Property Escheated to State.
Alaska Stat. § 38.05.110 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.110
Sale of timber; timber receipts account.
Status: in_force

(a) The commissioner shall provide for cruises of timber on state land and shall assess the supply of and current markets for timber on privately owned land in close proximity to state land to determine (1) the timber that should be offered for sale; and

(2) the terms of sale of the timber.

(b) The timber receipts account is established in the state treasury. The revenue from the sale of timber from state land shall be deposited in the timber receipts account. Subject to appropriation, the commissioner shall provide 25 percent of the revenue from a sale of timber under this section to forestry programs operated by the department in the municipality, reserve, or community in which the timber was harvested or, if the timber was not harvested in a municipality, reserve, or community, the municipality, reserve, or community closest to the area where the timber was harvested. The legislature may also appropriate money deposited into the timber receipts account for implementation of the state timber disposal program by the department or for any other public purpose.

(c) If a sale of timber may be offered under multiple provisions of AS 38.05.110  38.05.120, the commissioner shall determine the applicable provisions under which to offer the timber.
Alaska Stat. § 38.05.142 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.142
Legislative approval required for certain large-scale mines.
Status: in_force

(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). This authorization shall take the form of a duly enacted law finding that the proposed large-scale metallic sulfide mining operation will not constitute danger to the fishery within the Bristol Bay Fisheries Reserve.

(b) The commissioner may adopt regulations under AS 44.62 to implement this section.

(c) In this section, large-scale metallic sulfide mining operation means a specific mining proposal to extract metals, including gold and copper, from sulfide-bearing rock and that would directly disturb 640 or more acres of land.
Alaska Stat. § 38.09.030 — AK Code / Title 38 / Chapter 38.09 / Section 38.09.030
Qualification for homestead entry.
Status: in_force

(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 acre according to the description provided by the applicant if the entry is on land classified agricultural, or $10 per acre if the entry is on land not classified agricultural;

(3) agree to comply with the requirements of AS 38.09.050 ;

(4) certify that the corners of the land entered have been staked and the boundaries have been flagged;

(5) assume full responsibility for the accuracy of the description of the land filed with the commissioner under AS 38.09.020 (b).

(b) Except as provided in (c) of this section, an applicant may not hold more than one homestead entry permit at one time and may not receive a patent to more than one homestead entry in a lifetime.

(c) The homestead entry permit may not be assigned, conveyed, or in any manner transferred except (1) by testate or intestate succession;

(2) to a spouse during marriage;

(3) by order of a court as part of a divorce settlement;

(4) to either a member of the immediate family or a grantee of the applicant in the case of an extreme emergency or illness which disables the applicant; or

(5) after the approval of the commissioner, by an exchange between parties in the same homestead area.
Alaska Stat. § 38.08.120 — AK Code / Title 38 / Chapter 38.08 / Section 38.08.120
Definitions.
Status: in_force

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 for homesite entry;

(3) resident means a person who is not claiming residence in another state and shows by all attending circumstances an intent to maintain a permanent residence in the state.
Alaska Stat. § 38.04.035 — AK Code / Title 38 / Chapter 38.04 / Section 38.04.035
Criteria for program selection.
Status: in_force

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 property, conveyance of state land to private parties shall be at fair market value except where otherwise authorized by statute, or by an administrative regulation the adoption of which is specifically permitted by statute;

(2) sale or lease programs should be used where land is readily accessible to a major community center or where, because of a prime location on waterfront or a transportation route or some other location characteristic, land has relatively high real estate value;

(3) sale programs are preferred but lease programs may be used (A) where special land use controls are required and there is a high public interest in having certain types of land used for particular purposes;

(B) when the intended use is a temporary one;

(C) in commercial or industrial situations when a leasehold can provide cash flow advantages to the lessee;

(D) when a unique location with special public values is involved, as in a deep water port, hydroelectric site, or aquaculture facility;

(E) where current demand for private use is high, but projections suggest that, in the future, the land may be more valuable for public use, as in accessible waterfront recreation areas;

(4) limited or conditional title may be granted when the state's best interest so dictates; among other things, title limitations may include grants of agricultural interest only, retention of development rights, and retention of scenic or other easements; a conditional title may be tied to a development schedule or other standards of performance.
Alaska Stat. § 38.20.090 — AK Code / Title 38 / Chapter 38.20 / Section 38.20.090
Use of system name.
Status: in_force

(a) The use of the term Alaska Coordinate System of 1927 on a map, report of survey, or other document is limited to coordinates based on the Alaska Coordinate System of 1927 as defined in this chapter.

(b) The use of the term Alaska Coordinate System of 1983 on a map, report of survey, or other document is limited to coordinates based on the Alaska Coordinate System of 1983 as defined in this chapter.

(c) The use of the term Alaska Coordinate System of 2022 on a map, report of survey, or other document is limited to coordinates based on the Alaska Coordinate System of 2022 as defined in this chapter.
Alaska Stat. § 38.05.870 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.870
Grants of land after natural disaster.
Status: in_force

(a) The director may make grants of state land to persons and municipal corporations to replace land which is rendered unusable by a natural disaster for the purposes for which it was used before the natural disaster. The director shall designate state land which is available to replace land rendered unusable.

(b) Only a person who is the owner of land rendered unusable that was used or leased before the natural disaster for private residential, business, or commercial purposes is eligible for a grant of state land. A person who incurred a binding obligation to purchase land before the natural disaster shall be considered the owner of the land for the purposes of this section.

(c) An application for a grant of state land shall be filed with the director, and shall contain (1) the name and address of the applicant;

(2) a legal description of the land rendered unusable;

(3) proof of ownership of the land; and

(4) a statement of the purpose for which the land was used before the natural disaster rendered it unusable.

(d) The director shall, within 30 days of receipt of the application, approve or disapprove the application. The director's determination of eligibility for a grant of state land is final. Upon approval of the application or as soon thereafter as possible, the director shall specify the land which shall be granted to an eligible applicant. In making the designation the director shall consider the value, size and use of the land rendered unusable as a result of the natural disaster, and shall as nearly as possible grant land of equal size, or value or of equal utility.

(e) The applicant shall pay costs, not to exceed the administrative cost of transferring the property and the cost of surveying the land. In addition, the state may require a quitclaim deed to the unusable land in exchange for the grant of state land.

(f) In this section natural disaster means a flood, drought, fire, storm, earthquake, or other catastrophe which, in the determination of the governor, is or threatens to be of sufficient severity to warrant state assistance to persons and municipal corporations to alleviate damage, suffering, and hardship caused by the catastrophe.
Alaska Stat. § 38.04.030 — AK Code / Title 38 / Chapter 38.04 / Section 38.04.030
Land availability programs.
Status: in_force

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; homesiting; homesteading; permitting for construction and occupation of cabins in isolated locations on land retained in state ownership; and other methods as provided by law. However, agricultural use rights may be conveyed only after consulting with the Board of Agriculture and Conservation.
Alaska Stat. § 38.05.940 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.940
Land purchase price discount for veterans.
Status: in_force

(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 veteran shall submit proof, as required by regulation, that the veteran (1) is 18 years of age or older on the date of sale;

(2) has been a state resident for a period of not less than one year immediately preceding the date of sale; and

(3) has served (A) in the Alaska Territorial Guard for at least 90 days, unless the service was shortened due to a service connected disability; or

(B) on active duty in the U.S. Armed Forces at least 90 days, unless tenure was shortened due to a service connected disability or due to receiving an early separation upon return from a tour of duty overseas, and has received an honorable discharge or a general discharge under honorable conditions.

(c) A veteran is entitled to only one discount under this section during the veteran's lifetime.

(d) A discount under this section may be applied only to the acquisition of surface rights to state land. A discount under this section may not be applied to survey costs, road development costs, utility assessments, or other costs that the commissioner determines are reimbursable to the state.

(e) A discount under this section may not be used toward the purchase of land offered at a restricted sale under AS 38.05.067 .
Alaska Stat. § 38.05.065 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.065
Terms of contract of sale.
Status: in_force

(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 (i) of this section. Installment payments plus interest shall be set on the level-payment basis.

(b) The contract of sale for land sold under AS 38.05.057 or under former AS 38.05.078 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. Installment payments plus interest shall be set on the level-payment basis. The interest rate to be charged on installment payments is the rate provided in (i) of this section.

(c) The director shall, for contracts under (a), (b), or (h) of this section, set out in the contract for each sale the period for the payment of installments and the total purchase price plus interest. The director, with the consent of the commissioner, may also include in contracts under this section conditions, limitations, and terms considered necessary and proper to protect the interest of the state. Violations of any provision of this chapter or the terms of the contract of sale subject the purchaser to appropriate administrative and legal action, including but not limited to specific performance, foreclosure, ejectment, or other legal remedies in accordance with applicable state law.

(d) If a contract for a sale of state land has been breached, the director may issue a decision to foreclose and terminate the contract at any time 31 days after delivering by certified mail a written notice of the breach to the address of record of the purchaser. A breach caused by the failure to make payments required by the contract may be cured within 30 days after the notice of the breach has been received by the purchaser by payment of the sum in default together with the larger of a fee of $50 or five percent of the sum in default. If there are material facts in dispute between the state and the purchaser, the purchaser may submit a written request for a public hearing for the review of the facts within 30 days after the notice of the breach has been received.

(e) On a determination that there has been a breach of the contract based on the administrative record and the evidence presented at a hearing, the director shall issue a decision foreclosing the interest of the purchaser and terminating the contract. The obligation to make payments under the contract continues through the date of the decision to foreclose by the director.

(f) The director shall deliver the decision to foreclose and terminate personally to the purchaser or send it certified mail, return receipt requested, to the address of record of the purchaser. If the breach is a failure to make payments required by the contract, the decision shall include a notice to the purchaser that if within 30 days the purchaser pays to the state the full amount of the unpaid contract price, including all accrued interest, and any fees assessed under (d) of this section, the department shall issue to the purchaser a deed to the land. If full payment is not made within 30 days or the breach is for other than failure to make payment, the decision forecloses and terminates all legal and equitable rights the purchaser has in the land.

(g) The purchaser may appeal the director's decision to the commissioner within 30 days. The final decision by the department is reviewable under AS 44.62.560 .

(h) The commissioner, after consulting with the Board of Agriculture and Conservation ( AS 03.09.010 ), (1) shall provide that, notwithstanding (a) and (b) of this section, in a contract for the sale of land classified under AS 38.05.020 (b)(6) for agricultural uses, the interest rate to be charged on installment payments may not exceed 9.5 percent; and

(2) may declare a moratorium of up to five years on payments on land sold under this section for land classified under AS 38.05.020 (b)(6) for agricultural uses if (A) the commissioner determines that the moratorium is in the best interest of the state;

(B) the commissioner certifies and the contract purchaser agrees to perform farm development, crop production, and harvesting, not including land clearing or related activity, requiring the expenditure of amounts equivalent to the payments that would otherwise be made during the moratorium;

(C) the sale of the agricultural land takes place after July 1, 1979; and

(D) the contract purchaser is in compliance with the development plan specified in the purchase contract at the time the purchaser applies for a moratorium under this paragraph and remains in compliance with the development plan during the moratorium; for the payments subject to the moratorium declared under this paragraph, interest payments are subject to the moratorium but interest continues to accrue during the moratorium.

(i) The interest rate for contracts under this section is the prime rate as reported in the Wall Street Journal on the first business day of the month in which the contract is sent to the purchaser for signature, plus three percent; however, the total rate of interest may not exceed (1) 9.5 percent, in contracts for the sale of land classified under AS 38.05.020 (b)(6) for agricultural uses; or

(2) 13.5 percent, in other contracts for the sale of land.
Alaska Stat. § 38.05.860 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.860
Deposits.
Status: in_force

(a) The commissioner may require an applicant seeking the sale, lease, or other disposal of land or an interest in land, other than under an oil and gas lease, gas only lease, or mineral lease, to deposit an amount covering the estimated cost of an appraisal, survey, and other costs necessary to offer the land or interest in land, including advertising. All deposited funds not expended shall be refunded to the applicant. If the land or interest in land is awarded to a person other than the applicant making the deposit, the person awarded the land shall pay the total actual cost incurred by the department in making the disposal, and the deposit shall be returned to the original applicant. In lieu of requiring the deposit under this subsection, the commissioner may enter into an agreement with an applicant seeking land or an interest in land requiring the applicant to reimburse the department for costs incurred in the disposal if the applicant is awarded the land or interest in land.

(b) Except as provided in (c) of this section, if a competitive sale or lease of state land, minerals, timber, or materials is to be made by sealed bid, the director may require each bidder to submit an earnest money deposit with each bid. If the sale or lease is by public auction, the director may require each person desiring to bid to make an earnest money deposit before bidding. The earnest money deposit of the highest qualified bidder shall be applied toward the sale or lease price. If the successful bidder defaults in the payment of the amount bid, the deposit shall be forfeited to the state. All other earnest money deposits shall be returned unless the commissioner decides to award the contract to the second highest qualified bidder upon default by the highest bidder rather than call for new bids, in which case the commissioner may retain the deposit of the second highest qualified bidder until final disposition of the land is made. A successful bidder for a mineral lease who can prove to the satisfaction of the commissioner within 45 days after notification of the lease award that there is a reasonable doubt as to the ability of the state to grant a valid lease to the land may withdraw the amount bid and have the earnest money deposit returned.

(c) The commissioner shall require each bidder for the competitive leasing of land for oil and gas, or for gas only, to submit with each bid a deposit of money equal to 20 percent of the bonus.
Alaska Stat. § 38.05.113 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.113
Five-year sale schedule.
Status: reserved

(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 information to provide the public and the forest products industry with a basis to comment on proposed sale offerings.

(b) Except as provided in (c) of this section, a proposed sale may not be held unless it has been included in one of the two five-year schedules immediately preceding the sale.

(c) Sales of 160 acres or less and expedited sales conducted under AS 38.05.117 are exempt from the requirements of this section.

(d) [Repealed, § 16 ch 153 SLA 2003.]
Alaska Stat. § 38.04.062 — AK Code / Title 38 / Chapter 38.04 / Section 38.04.062
Identification of state submerged land.
Status: in_force

(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 commissioner shall compile, maintain, and make public a list and map of all water in the state that the commissioner, the United States Department of the Interior, Bureau of Land Management, or a state or federal court determines was navigable water at the time the state achieved statehood. The submerged land underlying that navigable water shall be included in the inventory of state land prepared under AS 38.04.060 .

(c) The commissioner shall also maintain and make public a list of all water in the state that the commissioner determines, in consultation with the commissioner of fish and game, was nonnavigable at the time the state achieved statehood.

(d) Water not included on the lists described in (b) or (c) of this section is not considered either navigable or nonnavigable until the commissioner has made a determination as to its navigability at the time the state achieved statehood. In addition, the commissioner may make corrections and alterations to the lists described in (b) and (c) of this section to maintain the accuracy of each list.

(e) A determination made by the commissioner under this section (1) does not create an interest in or right of entry onto any real property that does not otherwise exist under state law;

(2) may not be recorded; and

(3) does not constitute final agency action.

(f) Submerged land that the state conveyed under AS 38.05.820 and 38.05.825 is not subject to the state's assertion of ownership under (a) of this section.

(g) In this section, (1) navigable water means water that, at the time the state achieved statehood, was used, or was susceptible of being used, in its ordinary condition as a highway for commerce over which trade and travel were or could have been conducted in the customary modes of trade and travel on water; the use or potential use does not need to have been without difficulty, extensive, or long and continuous;

(2) nonnavigable water means surface water that was not navigable water at the time the state achieved statehood.
Alaska Stat. § 38.09.050 — AK Code / Title 38 / Chapter 38.09 / Section 38.09.050
Issuance of patent.
Status: reserved

(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 completes an approved survey of the land in an area where the commissioner waives the rectangular survey grid within five years after the issuance of the permit;

(3) [Repealed, § 38 ch 91 SLA 1997.] (4) brushes the boundaries of the land not described by aliquot parts or as a lot of record within 90 days after the issuance of the permit;

(5) clears and either puts into production or prepares for cultivation either 25 percent of the land classified for agricultural use or 50 percent of the cropland soils, whichever is less, within five years after issuance of the permit.

(b) Nothing in this chapter prohibits a homestead entry permit holder from residing in a temporary dwelling on the homestead.

(c) The commissioner may reserve or exclude from a patent easements or rights-of-way for roads, trails, trap lines, public access ways, utility corridors, and transportation facilities.

(d) [Repealed, § 38 ch 91 SLA 1997.] (e) [Repealed, § 38 ch 91 SLA 1997.]
Alaska Stat. § 38.95.240 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.240
Time within which to claim escheated real property.
Status: in_force

(a) Within seven years after a judgment of escheat under AS 38.95.220 , a person who is not a party to the escheat proceeding may bring an action in the superior court to prove the person's claim to the real property. If the plaintiff establishes the claim and establishes that the plaintiff had no knowledge of the prior escheat proceeding, the court shall award the plaintiff the property if it has been managed under AS 38.95.230 (a)(2), or the appraised value of the property under AS 38.95.230 (b) if the property has been managed under AS 38.95.230 (a)(1).

(b) If it is determined that the plaintiff is entitled to the property, the department shall deliver the property to the plaintiff. The rents, profits, interest, or dividends that accrue to the state during its possession of the property are the property of the state and may not be recovered.

(c) If it is determined that the plaintiff is entitled to the appraised value of property that has been disposed of under AS 38.95.230 (a)(1), at the department's discretion it may offer to the plaintiff land owned by the state and available for disposal that is of comparable value to the appraised value under AS 38.95.230 (a)(1). If the department does not offer land of comparable value, or if the plaintiff refuses the department's offer, the plaintiff is entitled to the established value of the property under AS 38.95.230 (b).

(d) The time limitation of seven years does not apply to a minor or an incapacitated person as defined by AS 13.26.005 , but such a person must bring an action to prove the person's claim to the real property within one year after the incapacity ceases.

(e) This section does not prevent the state from transferring escheated real property to a person who provides proof satisfactory to the department that the person is the owner of the real property when the department determines the transfer to be appropriate.
Alaska Stat. § 38.20.020 — AK Code / Title 38 / Chapter 38.20 / Section 38.20.020
Zones.
Status: in_force

The zone parameters of the Alaska Coordinate Systems are the zone parameters defined by the National Geodetic Survey maintained by the National Ocean Service of the National Oceanic and Atmospheric Administration, as the National Geodetic Survey reads on November 7, 2022.
Alaska Stat. § 38.10.040 — AK Code / Title 38 / Chapter 38.10 / Section 38.10.040
Conveyances.
Status: in_force

Conveyances by the municipal corporation to a preference right holder, or any other conveyance, lease, or disposal by the municipality under this chapter shall be in accordance with AS 38.05 except as otherwise provided in this chapter.
Alaska Stat. § 38.35.210 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.210
Delegation of commissioner's authority.
Status: in_force

The commissioner may delegate to an employee of the Department of Natural Resources or the Department of Law the authority granted under this chapter, except for the authority to execute leases.
Alaska Stat. § 38.04.058 — AK Code / Title 38 / Chapter 38.04 / Section 38.04.058
Restrictions on easement or right-of-way use.
Status: reserved

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 protect public safety or property. The commissioner may not agree to or enforce a restriction under this section unless the restriction is narrowly tailored to achieve the protection of public safety and property while preserving access to the maximum extent practicable and the commissioner makes a written finding identifying how the restriction will protect public safety and public or private property.
Alaska Stat. § 38.05.285 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.285
Multiple use.
Status: in_force

Disposal and use of state land shall conform to the constitution of the State of Alaska and the principles of multiple purpose use consistent with the public interest.
Alaska Stat. § 38.35.190 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.190
Application of the Administrative Procedure Act.
Status: reserved

(a) AS 44.62.010  44.62.319, 44.62.640, and 44.62.950 apply to regulations adopted by the commissioner under the authority of this chapter.

(b) [Repealed, § 18 ch 3 FSSLA 1973.] (c) [Repealed, § 18 ch 3 FSSLA 1973.] (d) [Repealed, § 18 ch 3 FSSLA 1973.]
Alaska Stat. § 38.05.252 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.252
Extralateral rights under shore, tide, and submerged land.
Status: in_force

(a) Extralateral rights under shoreland, tideland, and submerged land are confirmed and granted to an owner of a lode mining claim located before January 3, 1959, under the mining laws of the United States.

(b) In this section, extralateral rights means rights given to an owner of a mining claim under 30 U.S.C. 26 to follow, and mine, any vein or lode the apex of which lies within the boundaries of the location of the surface of the mining claim, notwithstanding that the course of the vein or lode on its dip or downward direction may so far depart from the perpendicular as to extend beyond the planes which would be formed by the vertical extension downwards of the sidelines of the location.
Alaska Stat. § 38.05.102 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.102
Lessee preference.
Status: in_force

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, allow a holder in good standing of the existing leasehold to purchase or lease the land for its appraised fair market value at the time of the sale or long-term lease.
Alaska Stat. § 38.05.205 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.205
Mining leasing.
Status: reserved

(a) Prior discovery, location, and recording shall initiate prior rights to mineral deposits subject to AS 38.05.185  38.05.275 in or on state land, other than submerged land, which is open to mining leasing. Locations shall be made and certificates of location recorded in accordance with AS 38.05.195 . If the located land is available only for leasing, the director shall publish in a paper of general circulation in the area of the location, notice of the recording of the location and notice that a mineral lease will be issued. The notice may be combined with notices of locations either in the same general area or statewide. Unless a conflicting location exists, no later than two weeks after publication of the notice, an application form for a mining lease shall be mailed to the locator by the director. A lease application shall be filed with the director by the locator within 90 days after receipt of the form. If the located land is not available for leasing, notice shall be given the locator by the director and the locator's prior rights shall terminate. A mining lessee has the exclusive rights of possession and extraction of all minerals subject to AS 38.05.185  38.05.275 lying within the boundaries of the lease or location. Mining leases may be issued for one location or for a group of contiguous locations held in common. Minerals may not be mined and marketed or used until a lease is issued, except for limited amounts necessary for sampling or testing.

(b) [Repealed, § 10 ch 101 SLA 1989.] (c) A mining lease shall be for any period up to 55 years, and is renewable if requirements for the lease remain satisfied. Annual rental and production royalties shall be paid as required under AS 38.05.211 and 38.05.212. A valid mining claim located and held under AS 38.05.195 may be converted to a lease at any time upon application by the owner, and issuance by the commissioner. Rights granted by a mining lease may not be exercised until the lease has been filed for record in the recording district where the land is located.
Alaska Stat. § 38.35.170 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.170
Forfeiture of lease.
Status: in_force

Failure to begin construction of the pipeline facility within a reasonable time of the granting of a right-of-way lease under this chapter for reasons within the control of the lessee or failure of an owner of an interest in the granted right-of-way substantially to comply with the terms of the right-of-way shall be grounds for forfeiture of the right-of-way interest of the lessee or owner in an action brought by the commissioner in the superior court. Before the commencement of any action for forfeiture of an interest in a right-of-way under this section, the commissioner shall give the lessee or owner of the interest notice in writing of the alleged default and shall not commence the proceeding unless the lessee or owner of the interest has failed to initiate good faith efforts to cure the default within 60 days of the notice of the alleged default.
Alaska Stat. § 38.05.057 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.057
Disposal of land by lottery.
Status: reserved

(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 less than the fair market value of the land on a determination that scarcity of land for private use in the area of the land to be sold has resulted in unrealistic land values. The lottery shall be conducted in public by the commissioner. A purchaser selected by lot shall deposit an amount equal to five percent of the purchase price within 30 days after receiving notification of the selection.

(b) To qualify to participate in a lottery under (a) of this section, an applicant shall (1) at the time of application have attained the age of 18;

(2) have been a resident of the state for not less than one year immediately preceding the date of application and submit proof of that fact as required by regulation;

(3) not have purchased land at a sale by lottery in the state within eight years immediately preceding the sale date and certify that fact in the application.

(c) The commissioner, after consulting with the Board of Agriculture and Conservation ( AS 03.09.010 ), may adopt regulations under the Administrative Procedure Act ( AS 44.62 ) that specify qualifications for lottery participants different from those specified in (b) of this section if (1) an interest in land limited to agricultural purposes is to be sold under (a) of this section;

(2) the sale is a part of a program to develop agricultural land as a renewable resource of the state; and

(3) the regulations include residency, skill, experience, and financial requirements necessary to qualify persons who are competent and financially able to develop the land as a successful agricultural enterprise.

(d) To apply for participation in a lottery under this section an applicant shall (1) be qualified under the applicable provisions of this section and certify that fact in the application; and

(2) pay a nonrefundable application fee of not more than $25 for each application.

(e) The director shall accept applications to purchase particular parcels under the following procedures and conditions: (1) the application period may not be less than 45 days;

(2) no application may be accepted less than 15 days before each lottery;

(3) notice of the application period and the date of the lottery shall be given in accordance with AS 38.05.945 ; and

(4) the application shall be made on a form provided by the department.

(f) If only one application for a parcel is received, the commissioner shall offer the parcel to the applicant who applied for the parcel if the applicant is qualified to participate in the lottery. If more than one application is received for a parcel, the commissioner shall select the applicant who is entitled to receive a conveyance of the land by lottery. If the commissioner does not receive an application for a parcel of state land or if a purchaser fails to sign a lease agreement or contract of sale, the parcel shall be offered to the first eligible person to apply for the parcel. If the parcel was designated as a homesite and offered to the public under former AS 38.05.047 (f), the parcel shall be disposed of under the terms required by AS 38.08 .

(g) [Repealed, § 38 ch 91 SLA 1997.] (h) An aggrieved lottery participant may appeal to the commissioner within five days after the lottery is conducted for a review of the lottery procedures.

(i) The director may include in contracts for sale of land under this section terms which (1) require purchasers to use or occupy, or both, the land purchased for a reasonable period of time after a sale;

(2) prohibit the resale of land purchased by the initial purchaser until the requirements imposed under (1) of this subsection, if any, are satisfied.

(j) The commissioner may require a participant in a lottery under this section for the sale of land that is part of an agricultural development project under former AS 44.33.475 to submit a single application for that land. Immediately following the drawing of an applicant's name in the lottery, the applicant shall be given an opportunity to select for purchase one parcel of the land that is offered in the lottery. The names of alternate applicants shall be drawn after all parcels have been selected. If the applicant who originally selected a parcel unequivocally rejects the offer to purchase the parcel or fails to sign the contract of sale within the period of time specified by the commissioner, the parcel shall be offered for sale to alternate applicants in the order in which their names were drawn.
Alaska Stat. § 38.05.145 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.145
Leasing procedure.
Status: reserved

(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  38.05.181. In applying the acreage limitations the commissioner may apply the rule of approximation. The uses of the rule of approximation made before March 31, 1960, by the commissioner are ratified.

(b) [Repealed, § 6 ch 155 SLA 1978.]
Alaska Stat. § 38.35.200 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.200
Judicial review.
Status: in_force

(a) An applicant or competing applicant or a person who has a direct financial interest affected by the lease who raises objections within 60 days of the publication of notice under AS 38.35.070 are the only persons with standing to seek judicial review of a decision of the commissioner under AS 38.35.100 .

(b) The only grounds for judicial review of a decision of the commissioner are (1) failure to follow the procedures set out in this chapter; or

(2) abuse of discretion so capricious, arbitrary, or confiscatory as to constitute a denial of due process.

(c) Except as provided for an applicant in (a) of this section and notwithstanding any contrary provision of law, an action or decision of the commissioner or other state officer or agency concerning the issuance or approval of a necessary right-of-way, permit, lease, certificate, license, or other authorization for the planning, financing, acquisition, maintenance, development, construction, or initial operation of a natural gas pipeline by the Alaska Gasline Development Corporation under AS 31.25 that uses a right-of-way subject to this chapter may not be subject to judicial review, except that a claim alleging the invalidity of this subsection must be brought within 60 days after May 22, 2013, and a claim alleging that an action will deny rights under the Constitution of the State of Alaska must be brought within 60 days following the date of that action. A claim that is not filed within the limitations established in this subsection is barred. A complaint under this subsection must be filed in superior court, and the superior court has exclusive jurisdiction. Notwithstanding AS 22.10.020 (c), except in conjunction with a final judgment on a claim filed under this subsection, the superior court may not grant injunctive relief, including a temporary restraining order, preliminary injunction, permanent injunction, or stay, against the issuance of a necessary right-of-way, permit, lease, certificate, license, or other authorization for the planning, financing, acquisition, maintenance, development, construction, or initial operation of a natural gas pipeline by the Alaska Gasline Development Corporation. In this subsection, natural gas pipeline has the meaning given in AS 38.34.099 .

(d) An appeal of a permitting decision or authorization by the Department of Environmental Conservation under AS 46.03 or AS 46.14 that is made under a program approved or delegated by the United States Environmental Protection Agency is not (1) subject to the limitation in (a) of this section;

(2) included in the actions or decisions described in (c) of this section.
Alaska Stat. § 38.05.200 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.200
Changes in locations and amended notices.
Status: in_force

Notices may be amended at any time and monuments changed to correspond with the amended location but a change may not be made that interferes with the rights of others. Whenever monuments are changed or an error is made in the notice or in the certificate of location, an amended certificate of location shall be recorded in the same manner and with the same effect as the original certificate.
Alaska Stat. § 38.09.900 — AK Code / Title 38 / Chapter 38.09 / Section 38.09.900
Definitions.
Status: in_force

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 the state for one year, is a U.S. citizen and does not claim residence in another state, and shows by all attending circumstances an intent to make this state the individual's permanent residence.
Alaska Stat. § 38.10.020 — AK Code / Title 38 / Chapter 38.10 / Section 38.10.020
Surveys.
Status: in_force

The survey provided for in AS 38.10.010 shall define the outside boundary of the land to be conveyed to the municipal corporation and shall, on the same or separate plats, show all structures and improvements and the boundaries of each tract occupied or developed, together with the name of the owner or claimant, and shall contain sufficient data to permit preparation of adequate legal descriptions of the tracts to be conveyed. The plats shall provide the same information as to all tracts adjoining the outside boundary of the land to be conveyed to the municipal corporation. A sketch plat, sufficient for its purpose in the opinion of the director, shall indicate the boundaries of each occupied or developed tract as determined by the governing body of the municipal corporation and the sketch plat shall be prepared and submitted to the director before actual surveying shall begin. Nothing in this chapter and nothing in a plat or sketch showing interior subdivision of the land to be conveyed to the municipal corporation shall be construed as a determination of any preference right, nor shall it prohibit adjustment and re-survey of the interior subdivision.
Alaska Stat. § 38.05.265 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.265
Abandonment.
Status: in_force

(a) Failure to perform the labor or make improvements or make a payment in lieu of labor under AS 38.05.210 (a), timely record a certificate of location or statement of annual labor, timely pay any required annual rental, or timely pay any required production royalty under AS 38.05.212 constitutes abandonment of all rights acquired under the mining claim, leasehold location, or prospecting site involved, and the claim, leasehold location, or prospecting site is subject to relocation by others, unless the failure constituting the abandonment is cured under (b) of this section. A locator or claimant of an abandoned location or a successor in interest may not relocate the claim, leasehold location, or prospecting site until one year after abandonment. The locator of an abandoned prospecting site may locate a claim or leasehold location on that site at any time. If an annual rental or a royalty payment is deficient but is otherwise timely paid, abandonment does not result if full payment is made within (1) the period prescribed by a deficiency notice from the department; or

(2) 30 days after a final judgment establishing the amount due if the deficiency amount due was contested.

(b) Unless another person has located a mining claim or leasehold location that includes all or part of the mining claim or leasehold location abandoned under (a) of this section or the area is closed to mineral location under AS 38.05.185  38.05.275, a person may cure the failure to record or pay rents or royalties that constituted the abandonment and cure the abandonment by (1) properly recording a certificate of location or a statement of annual labor, paying any required annual rental, and paying any required production royalty; and

(2) paying a penalty equal to the annual rent for the mining claim or leasehold location that was abandoned under (a) of this section.
Alaska Stat. § 38.05.600 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.600
Remote recreational cabin sites.
Status: in_force

(a) The commissioner may provide for the sale or lease of state land for remote recreational cabin sites. Sales under this section shall be at fair market value determined as of the time of entry, and the purchaser shall reimburse the state for the appraisal, survey, and platting costs for the recreational cabin site.

(b) The annual fee for a remote recreational cabin site lease shall be set by the commissioner so as to ensure that the state receives a fair return for the use granted by the lease for the term of the lease. The commissioner shall establish regulations that specify the application procedures for and the terms and conditions of a remote recreational cabin site lease. A lease must be for a term of not more than five years, and may be renewed for one additional five-year period. At any time during the lease, the lessee may purchase the remote recreational cabin site by having the site appraised and surveyed in a manner acceptable to the department and by paying to the state the fair market value for the site determined as of the time of entry. The lease may not be assigned by the original lessee during the term of the lease.

(c) A remote recreational cabin site lease may be terminated by the commissioner before the expiration of the term of the lease if a lessee fails to use the land under lease in the manner required by the terms of the lease. After termination of a remote recreational cabin site lease, improvements or personal property on the land subject to the lease shall be managed in the same manner as required by AS 38.05.090 .

Article 16. Carbon Storage Exploration Licenses and Leases.
Alaska Stat. § 38.05.090 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.090
Removal or reversion of improvements upon termination of leases.
Status: in_force

(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 after termination of the lease; and

(2) all buildings and fixtures, including gravel pads, and below-ground tanks, foundations, and slabs, not belonging to the state, within 60 days after termination of the lease.

(b) Unless otherwise agreed to in writing by the commissioner, the lessee shall restore the leasehold to a good and marketable condition, acceptable to the commissioner, within 120 days after termination of the lease.

(c) If the lessee does not remove personal property, buildings, and fixtures as required within the time specified under (a) of this section, title to the personal property, buildings, and fixtures that remain automatically vests in the state unless the commissioner elects to remove and dispose of the remaining personal property, buildings, and fixtures of the lessee. The commissioner may assess upon the lessee the cost of removing and disposing of personal property, buildings, and fixtures remaining upon the land.

(d) If the lessee does not restore the land within the time period specified under (b) of this section, the commissioner may have the land restored and assess the costs upon the lessee.

(e) As part of a lease agreement, and in order to protect the public interest, the commissioner may require terms for removal or reversion of improvements additional to those specified in (a)  (d) of this section.

(f) Private residential improvements of a lessee that have become fixtures of the land and that are not removed by that lessee upon termination of the lease shall be purchased by the subsequent purchaser of the land if the improvements were authorized in the former lease or by permit from the director and if they have a net value of more than $10,000. The net value is the value of the improvements as determined by an appraisal approved by the commissioner, less all rents due the department, all costs of restoration under (d) of this section, and all department expenses estimated to be incurred in making the sale. After termination of the former lessee's lease, and at additional times as determined necessary by the commissioner, the value of the authorized residential fixtures shall be determined by an independent appraisal made at the cost of the former lessee. A notice or offer by the state to sell formerly leased land under this subsection must state (1) the appraised value of authorized residential fixtures remaining on the land that must be purchased, and (2) that that cost is included in the purchase price. Out of the proceeds of the sale, the department shall pay to the former lessee the appraised value of the residential improvements, less all rents due the department, all costs of restoration due the department under (d) of this section, and all department expenses incurred in making the sale.

(g) Personal property described in (c) of this section is not subject to AS 34.45 (Uniform Unclaimed Property Act).
Alaska Stat. § 38.35.225 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.225
Binding effect of covenants.
Status: in_force

By entering into a lease under this chapter, the lessee is bound by all the covenants provided for in the lease to the full extent of the power of the state to impose those covenants under its authority as owner of the land to be leased or under its police or regulatory powers or otherwise; provided that the right of the lessee to challenge the power of the state to require such a covenant as owner of the land to be leased or under its police or regulatory powers or otherwise is preserved until such time as action to enforce the covenant is taken by the state.
Alaska Stat. § 38.05.133 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.133
License procedures.
Status: in_force

(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 subject to the exploration license, proposes specific minimum work commitments, and states the minimum qualifications for a licensee as established by regulations adopted by the commissioner. A prospective licensee may initiate a proposal only in response to a call for proposals by the commissioner or during a period specified in regulations adopted by the commissioner. The regulations must provide for at least one period for that purpose during each calendar year.

(c) If the commissioner initiates the licensing process under (b) of this section, the commissioner shall publish notice of the commissioner's proposal in order to solicit comments and competing proposals.

(d) Within 30 days after receipt of a proposal from a prospective licensee under (b) of this section, the commissioner shall either reject it in a written decision or give public notice of the intent to evaluate the acceptability of the proposal. The commissioner shall solicit comments on a proposal for which public notice is given under this subsection, and shall request competing proposals.

(e) The commissioner may make a written request to a prospective licensee for additional information on the prospective licensee's proposal. The commissioner shall keep confidential information described in AS 38.05.035 (a)(8) that is voluntarily provided if the prospective licensee has made a written request that the information remain confidential.

(f) After considering proposals not rejected under (d) of this section and public comment on those proposals, the commissioner shall issue a written finding addressing all matters set out in AS 38.05.035 (e) and (g), except for AS 38.05.035 (g)(1)(B)(xi). If the finding concludes that the state's best interests would be served by issuing an exploration license, the finding must (1) describe the limitations, stipulations, conditions, or changes from the initiating proposal or competing proposals that are required to make the issuance of the exploration license conform to the best interests of the state, and (2) if only one proposal was submitted, identify the prospective licensee whom the commissioner finds should be issued the exploration license. The commissioner shall attach to the finding a copy of the exploration license to be issued and the form of lease that will be used for any portion of the exploration license area subsequently converted to a lease under AS 38.05.134 .

(g) If only one prospective licensee submits a proposal and the finding under (f) of this section concludes that an exploration license should be issued to that prospective licensee, the prospective licensee has 30 days after issuance of the finding within which to accept or reject the issuance of the exploration license, as limited or conditioned by the terms contained in the finding. The exploration license to be issued and the form of lease that will be used must be attached to that finding. The prospective licensee must accept or reject the issuance of the exploration license in writing.

(h) If competing proposals are submitted, and the commissioner's finding under (f) of this section concludes that an exploration license should be issued, the commissioner shall issue a request for competitive sealed bids, under procedures adopted by the commissioner by regulation, to determine which prospective licensee should be issued the exploration license. The finding provided to the prospective licensees and the public under (f) of this section must contain notice that (1) the commissioner intends to request competitive sealed bids, (2) a prospective licensee who intends to participate in the bidding must notify the commissioner in writing by the date specified in the notice, and (3) a prospective licensee's notice of intent to participate in the bidding constitutes acceptance of issuance of the exploration license, as limited or conditioned by the terms contained in the finding and by the exploration license to be issued and the form of lease to be used that have been attached to that finding, if the prospective licensee is the successful bidder. The successful bidder is the prospective licensee who submits the highest bid in terms of the minimum work commitment dollar amount.
Alaska Stat. § 38.05.946 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.946
Hearings.
Status: reserved

(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) [Repealed, § 38 ch 91 SLA 1997.]
Alaska Stat. § 38.20.040 — AK Code / Title 38 / Chapter 38.20 / Section 38.20.040
Use of coordinate system.
Status: in_force

The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of the point in the appropriate zone of this system, consist of two distances, expressed in U.S. survey feet and decimals of a U.S. survey foot when using the Alaska Coordinate System of 1927, expressed in meters and decimals of a meter when using the Alaska Coordinate System of 1983, and expressed in meters and decimals of a meter or international feet and decimals of an international foot when using the Alaska Coordinate System of 2022. One of these distances, known as the x-coordinate, gives the position in an east-and-west direction; the other, known as the y-coordinate, gives the position in a north-and-south direction. These coordinates shall be made to depend on and conform to the coordinates of the National Spatial Reference System as determined by the National Geodetic Survey, National Ocean Service.
Alaska Stat. § 38.35.220 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.220
Continued operation of certain carriers.
Status: reserved

(a) Natural gas carriers that operate as public utilities holding easements, rights-of-way, or permits for pipelines on state public land on May 20, 1972, are unaffected by this chapter within the scope of their existing operations, normal expansions, and extensions thereof so long as their original or present purpose and function remains unchanged. This exemption does not apply to a natural gas pipeline constructed outside of the (1) Southcentral region of the state;

(2) Matanuska-Susitna Borough;

(3) Kenai Peninsula Borough;

(4) Municipality of Anchorage;

(5) Chugach Regional Educational Attendance Area; or

(6) Copper River Regional Educational Attendance Area.

(b) Subject to (a) of this section, if an existing right-of-way is revocable or for a term of years, then upon revocation or expiration this chapter applies.

(c) Applications for pipeline permits which have been filed with the division of lands before May 20, 1972, shall be considered as filed under this chapter but this does not otherwise restrict the authority of the commissioner in acting on these applications under this chapter; however, if the division of lands has, before May 20, 1972, granted right-of-entry to an applicant or issued a letter of no-objection to an applicant, and the applicant thereafter fully complies with all of the terms and conditions originally specified by the division of lands or other agency, these applications are existing valid permits or easements on May 20, 1972.

(d) [Repealed by § 21 ch 3 FSSLA 1973.]
Alaska Stat. § 38.35.015 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.015
Powers of the commissioner.
Status: in_force

The commissioner has all powers necessary and proper to implement the policy, purposes, and provisions of this chapter, so as to subserve, as the exercise of reasoned discretion determines, the public interest, convenience and necessity, including but not limited to (1) granting leases of state land for pipeline right-of-way purposes;

(2) leasing, purchasing, or otherwise acquiring (including condemning by declaration of taking) easements or other interests in land in this state for the purpose of utilizing or granting leases of the land, easements, or interests for pipeline right-of-way purposes;

(3) purchasing interests in pipelines in accordance with options included in right-of-way leases;

(4) investigating any matters concerning any lessee with a view to assuring compliance by it with its right-of-way lease, this chapter, and any other applicable state or federal law;

(5) developing from time to time and maintaining a comprehensive master plan for pipeline transportation development;

(6) developing and promoting programs to foster efficient, economical, and safe pipeline transportation services in the state;

(7) coordinating the activities of the commissioner under this chapter with the transportation and other relevant activities of other public agencies and authorities;

(8) constructing, extending, enlarging, improving, repairing, acquiring, operating, or engaging in transportation, service, or sale by any pipeline or providing for these by contract, lease, or other arrangement on those terms that the commissioner may consider necessary, convenient, or desirable with any agency, corporation, or person, including but not limited to any carrier or any state agency, when the commissioner determines that a lessee carrier is not willing to undertake and complete the action within a reasonable time, and to sell, lease, grant, and dispose of any property constructed or acquired in the exercise of this power.
Alaska Stat. § 38.06.060 — AK Code / Title 38 / Chapter 38.06 / Section 38.06.060
Confidentiality.
Status: in_force

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 has submitted them to the board or in the judgment of the board is essential to the best interest of the state. Such confidentiality, however, shall not preclude the proper review by the legislature.
Alaska Stat. § 38.35.080 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.080
Analysis and public hearing.
Status: in_force

(a) The commissioner shall, within a reasonable time after receiving the application, prepare an analysis of the application or of the matter of which the commissioner was notified, including a proposal for action if feasible; a proposed lease and a general statement of the basis and purpose of the commissioner, if favorable action is proposed; or, when a proposal for action is not feasible before a hearing, a description of the subjects and issues involved.

(b) Upon completion of the analysis but not less than 30 days before the date set for hearing an application or an amendment to an application that, under AS 38.35.050 (c), constitutes a substantial change in the application, the commissioner shall publish notice, and make copies available as provided in AS 38.35.070 .

(c) The commissioner shall set all applications for public hearing as soon as practicable, if a public hearing on an application is requested by any person within 30 days of publication of notice under AS 38.35.070 (1) or if the proposed action being considered involves a substantial public interest. The commissioner shall set the application for public hearing and publish notice of the time and place of the public hearing at least 30 days before the hearing.

(d) The provisions of the Administrative Procedure Act ( AS 44.62 ) do not apply to hearings held under this section.
Alaska Stat. § 38.05.020 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.020
Authority and duties of the commissioner.
Status: in_force

(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 to carry out specific functions and duties; regulations adopted by the commissioner shall be adopted under AS 44.62 (Administrative Procedure Act); orders by the commissioner classifying land, issued after January 3, 1959, are not required to be adopted under AS 44.62 (Administrative Procedure Act);

(2) enter into agreements considered necessary to carry out the purposes of this chapter, including agreements with federal and state agencies;

(3) review any order or action of the director;

(4) exercise the powers and do the acts necessary to carry out the provisions and objectives of this chapter;

(5) notwithstanding the provisions of any other section of this chapter, grant an extension of the time within which payments due on any exploration license, lease, or sale of state land, minerals, or materials may be made, including payment of rental and royalties, on a finding that compliance with the requirements is or was prevented by reason of war, riots, or acts of God;

(6) classify tracts for agricultural uses;

(7) after consulting with the Board of Agriculture and Conservation ( AS 03.09.010 ), waive, postpone, or otherwise modify the development requirements of a contract for the sale of agricultural land if (A) the land is inaccessible by road; or

(B) transportation, marketing, and development costs render the required development uneconomic;

(8) reconvey or relinquish land or an interest in land to the federal government if (A) the land is described in an amended application for an allotment under 43 U.S.C. 1617; and

(B) the reconveyance or relinquishment is (i) for the purposes provided in 43 U.S.C. 1617; and

(ii) in the best interests of the state;

(9) lead and coordinate all matters relating to the state's review and authorization of resource development projects;

(10) enter into commercial agreements with a duration of not more than two years for project services related to a North Slope natural gas project;

(11) in consultation with the commissioner of revenue, participate in the negotiation of agreements that include balancing, marketing, disposition of natural gas, and offtake and contracts and development of terms for inclusion in those proposed agreements and contracts associated with a North Slope natural gas project; an agreement or contract negotiated under this paragraph to which the state is a party is not effective unless the legislature authorizes the governor to execute the agreement or contract;

(12) enter into confidentiality agreements to maintain the confidentiality of information related to contract negotiations and contract implementation associated with a North Slope natural gas project; information under those confidentiality agreements is not subject to AS 40.25.100  40.25.295 (Alaska Public Records Act), except that (A) the terms of a proposed contract that the commissioner presents to the legislature for the purpose of obtaining authorization for the governor to execute are not confidential and must be made available to the public at least 90 days before the proposed effective date for the terms; and

(B) the commissioner may share confidential information obtained under this paragraph with members of the legislature, their agents, and contractors on request under confidentiality agreements, either in committees held in executive session or individually;

(13) consult with the Alaska Gasline Development Corporation in the development of agreements or contracts under (10) or (11) of this subsection for project services related to a gas treatment plant, pipeline, liquefaction facility, marine terminal, or marine transportation services necessary to transport natural gas to market;

(14) in consultation with the commissioner of revenue, take custody of gas delivered to the state under AS 43.55.014 (b) and manage the project services and disposition and sale of that gas;

(15) exercise the powers and do the acts necessary to carry out the provisions and objectives of AS 43.90 that relate to this chapter.
Alaska Stat. § 38.05.128 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.128
Obstructions to navigable water.
Status: in_force

(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);

(3) caused by the normal operation of freight barging that is otherwise consistent with law; or

(4) authorized by the commissioner after reasonable public notice.

(b) An unauthorized obstruction or interference is a public nuisance and is subject to abatement. The cost of abatement shall be borne by the violator and is in addition to any penalty imposed by the court.

(c) This section may not be construed to affect or abridge valid existing rights.

(d) Free passage or use of any navigable water includes the right to use land below the ordinary high water mark to the extent reasonably necessary to use the navigable water consistent with the public trust.

(e) Free passage or use of any navigable water includes the right to enter adjacent land above the ordinary high water mark as necessary to portage around obstacles or obstructions to travel on the water, provided (1) entry is made without injury or damage to the land;

(2) entry is made in the least obtrusive manner possible;

(3) there is no reasonable alternative available to avoid the use of the adjacent land above the ordinary high water mark; and

(4) the navigable water is reentered immediately below the obstacle or obstruction at the nearest point where it is safe to do so.

(f) A violation of (a) of this section is a class B misdemeanor.
Alaska Stat. § 38.09.010 — AK Code / Title 38 / Chapter 38.09 / Section 38.09.010
Designation of land for homestead entry.
Status: in_force

(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 chapter shall be distributed throughout the state.

(b) The commissioner shall complete a rectangular survey grid of homestead entry state land under AS 38.04.045 before disposing of state land for homestead entry. A homestead entry parcel shall be established in aliquot parts of a surveyed section or as lots or tracts that are fractions of aliquot parts of a surveyed section. The commissioner shall ensure practical access to each homestead entry parcel but the commissioner may waive the rectangular survey grid if no more than one conveyance is made for each section within a township.

(c) Notice of the designation and offering of land for homestead entry shall be given by the commissioner under AS 38.05.945 .

(d) Land designated for homestead entry is not subject to a preference right under AS 38.05 .

(e) The commissioner shall prescribe a homestead entry procedure for each area designated under (a) of this section. The homestead entry procedure shall establish (1) the minimum distance between homestead entries in the area;

(2) the dimensions, configuration, orientation, or other design requirements for a homestead entry in the area;

(3) a description of land within the area that may not be included in a homestead entry;

(4) a requirement that a landmark, monument, or other point be used as a point of reference for the measurement of distances within an area;

(5) a specification of the type of stakes to be used to mark the corners of a homestead entry;

(6) the time within which a homestead entry must be staked.

(f) The commissioner shall establish the maximum size of a homestead entry that may be selected in each area designated under (a) of this section except that the commissioner may not permit an entry on more than (1) 160 acres of land classified for agricultural use; or

(2) 40 acres of land not classified for agricultural use.

(g) The commissioner may limit the number of persons permitted to obtain homestead entries within an area designated under (a) of this section by a lottery of qualified applicants.
Alaska Stat. § 38.05.874 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.874
Public access fund created.
Status: in_force

(a) The public access fund is established as a special account in the general fund and funds may be deposited into the special account and withdrawn from it as provided in this section. The fund consists of money contributed to it by individuals and corporations and interest derived from those contributions. The fund shall be invested by the commissioner of revenue. The Department of Revenue may be reimbursed for actual administrative costs incurred under this subsection by appropriation from the public access fund.

(b) Except as provided in (a) of this section, the commissioner shall administer the fund. The commissioner, after public hearings and in concurrence with the commissioner of fish and game, may use money in the fund to develop recreational access, including the purchase and lease of land, easements, and rights-of-way to enhance public access to recreational areas.

(c) The title to rights of public access to recreational areas obtained by the commissioner vests in the state. The commissioner shall include in the instrument transferring title to the state a clause requiring that the land be used for public access. If the land ceases to be available for public access, the state shall either (1) pay to the fund the assessed value of the land at that time; or

(2) if the land was purchased with funds derived under 16 U.S.C. 777  777k (Sport Fish Restoration Act), as amended, reimburse the sport fish restoration program.

(d) The legislature may appropriate to the fund. The interest earned on funds appropriated to the public access fund by the legislature shall be deposited in the general fund. The commissioner of administration shall separately account for the interest deposited in the general fund under this subsection. The annual estimated balance in the account may be appropriated by the legislature to the public access fund.
Alaska Stat. § 38.05.095 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.095
Subleases.
Status: in_force

(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 do so.

(b) A nonprofit organization that is exempted from paying rent on state land under AS 38.05.810 may not sublease or assign the land or a portion of it on which it has a lease.
Alaska Stat. § 38.35.017 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.017
Limitation on leases in or adjacent to the Beaufort Sea.
Status: in_force

(a) Consistent with and in furtherance of the statements of general state policy guiding resource development set out in art. VIII, sec. 1, Constitution of the State of Alaska, that the resources of the state be developed by making them available for maximum use consistent with the public interest and in art. VIII, sec. 2, Constitution of the State of Alaska, directing that provision shall be made by the legislature for the utilization, development, and conservation of all natural resources belonging to the State ... for the maximum benefit of its people, and consistent with and in furtherance of the general legislative declaration of policy for this chapter set out in AS 38.35.010 , it is the policy of this state that the overall strategy for development, use, and control of a pipeline or pipelines to develop the state's substantial North Slope natural gas resources be directed (1) to enhance the standard of living of state residents by (A) ensuring that, in conjunction with out-of-state market driven commercial demand for North Slope natural gas, state residents and businesses will have access, directly or indirectly, to that portion of the gas that will meet the reasonably foreseeable in-state demands for it, including substitution of the North Slope natural gas for depleting gas reserves in Southcentral Alaska in order to maintain a vital domestic and industrial energy source, and ensuring that the pipeline or pipelines for the transportation of North Slope natural gas will be designed and located to be responsive to these requirements;

(B) making the maximum contribution to the development of job opportunities in this state by (i) providing direct short-term construction and long-term operation- and maintenance-related employment on the pipeline or pipelines, to the end that the resources be developed with qualified contractors and firms in this state for work to be performed, including the fabrication and installation of required facilities, and that state residents be employed, consistent with law; for purposes of this sub-subparagraph, a person is considered a resident if the person is physically present in the state with the intent to remain in the state indefinitely and has a home in the state, and a contractor or firm is considered as qualified if the contractor or firm qualifies as an Alaska bidder; in this sub-subparagraph, Alaska bidder has the meaning given in AS 36.30.990 ; and

(ii) providing necessary support services; and

(C) adding significant long-term property value to the tax base of the state and local governments, thereby providing the means to support public education, public health, transportation, and other essential state and local government projects and services;

(2) to ensure that the design, location, and construction of a pipeline or pipelines for delivery of North Slope natural gas to North American markets through connection to the North American natural gas pipeline network enhance opportunities for implementing gas deliveries using alternative technologies and the construction of other pipelines to deliver North Slope natural gas to foreign and domestic markets; and

(3) to ensure construction of the pipeline or pipelines consistent with careful protection of the state's natural environment, with minimum environmental degradation, to the greatest extent possible, and with protection of fish, wildlife, and biotic resources for the use of persons who depend upon them by using available transportation infrastructure to initiate and complete project construction and maintenance and by avoiding duplication of facilities.

(b) Consistent with the legislative policy and goals set out in (a) of this section, the commissioner may not grant a lease across state land that is in or adjacent to the Beaufort Sea for pipeline right-of-way purposes to authorize construction and operation of a natural gas pipeline following a northern or over-the-top route running east from the North Slope to Canada's Mackenzie River Valley, then south to link to existing pipeline networks to transport North Slope natural gas to North American markets.

(c) The limitation on leasing set out in (b) of this section does not apply on and after the date on which a natural gas pipeline following a southern route that parallels the Trans Alaska Pipeline System and the Alaska Highway to transport North Slope natural gas to North American markets or Alaska tidewater for delivery to foreign and domestic markets has been completed and has begun operation.
Alaska Stat. § 38.07.060 — AK Code / Title 38 / Chapter 38.07 / Section 38.07.060
Definitions.
Status: in_force

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.
Alaska Stat. § 38.05.117 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.117
Expedited sales for salvage, fire, and pest mitigation.
Status: in_force

(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 insect infestation, disease, or the effects of fire or fire suppression activities;

(2) that, if not harvested within two years, is likely to lose substantial economic value because of insect infestation, disease, or the effects of fire or fire suppression activities;

(3) the removal of which will aid in preventing surrounding timber or forested land from losing economic value because of imminent insect infestation or disease; or

(4) is located on land that is to be cleared for conversion to nonforest uses.

(b) The provisions of AS 38.05.113 do not apply to timber sales conducted under this section.

(c) In this section, forested land has the meaning given in AS 41.15.170 .
Alaska Stat. § 38.05.504 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.504
Proceeds to the general fund.
Status: in_force

The proceeds of sales, fees, rents, royalties or other receipts from the land paid to the state under the provisions of AS 38.05.500  38.05.505 shall be deposited in the general fund, and the legislature may provide for payments in lieu of taxes to local governments.
Alaska Stat. § 38.05.025 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.025
Continuing regulations, agreements, etc.
Status: in_force

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 commissioner except where inconsistent with this chapter.
Alaska Stat. § 38.06.070 — AK Code / Title 38 / Chapter 38.06 / Section 38.06.070
Criteria.
Status: in_force

(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-products, the effect of state or federal commodity allocation requirements which might be applicable to those products and by-products, and the priorities among competing needs;

(3) the desirability of localized capital investment, increased payroll, secondary development and other possible effects of the sale, exchange, or other disposition of oil and gas or both;

(4) the projected social impacts of the transaction;

(5) the projected additional costs and responsibilities which could be imposed upon the state and affected political subdivisions by development related to the transaction;

(6) the existence of specific local or regional labor or consumption markets or both which should be met by the transaction;

(7) the projected positive and negative environmental effects related to the transaction; and

(8) the projected effects of the proposed transaction upon existing private commercial enterprise and patterns of investments.

(b) When it is economically feasible and in the public interest, the board may recommend to the commissioner of natural resources, as a condition of the sale of oil or gas obtained by the state as royalty, that (1) the oil or gas be refined or processed in the state;

(2) the purchaser be a refiner who supplies products to the Alaska market with price or supply benefits to state citizens; or

(3) the purchaser construct a processing or refining facility in the state.

(c) The board shall make a full report to the legislature on each criterion specified in (a) or (b) of this section for any disposition of royalty oil or gas that requires legislative approval. The board's report shall be submitted for legislative review at the time a bill for legislative approval of a proposed disposition of royalty oil or gas is introduced in the legislature.
Alaska Stat. § 38.20.110 — AK Code / Title 38 / Chapter 38.20 / Section 38.20.110
Use of system not required.
Status: in_force

Nothing in this chapter requires a purchaser or mortgagee to rely on a description, any part of which depends exclusively on the Alaska Coordinate System of 1927, the Alaska Coordinate System of 1983, or the Alaska Coordinate System of 2022.
Alaska Stat. § 38.95.270 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.270
Definition.
Status: in_force

In AS 38.95.200  38.95.270, department means the Department of Natural Resources.
Alaska Stat. § 38.95.499 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.499
Definitions.
Status: in_force

In AS 38.95.400  38.95.499, unless the context requires otherwise, (1) additionality means the reduction in greenhouse gas emissions or increase in carbon storage represented by a carbon offset project that is in addition to the baseline;

(2) baseline means the anticipated amount of carbon sequestration that would occur in the absence of a carbon offset project;

(3) carbon offset credit means a transferrable instrument that represents an emission reduction of one metric ton of carbon dioxide or other greenhouse gases;

(4) carbon offset project includes seaweed farming, afforestation, reforestation, and similar land and resource management measures that mitigate greenhouse gases by maintaining or increasing the carbon stock on state land;

(5) commissioner means the commissioner of natural resources;

(6) department means the Department of Natural Resources;

(7) director means the director of the division of lands;

(8) greenhouse gas includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and other gases that trap and emit radiant energy in the earth's atmosphere;

(9) project term means the duration of the commitment made by the department for a carbon offset project, ending when the state has no continuing obligation related to the project;

(10) registry means an organization or program that registers and issues carbon offset credits for carbon offset projects;

(11) shoreland means land belonging to the state that is covered by nontidal water and is navigable under the laws of the United States up to ordinary high water mark as modified by accretion, erosion, or reliction;

(12) state land means all land, including shoreland, tideland, and submerged land, or resources belonging to or acquired by the state;

(13) submerged land means land that is covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or farther as may be properly claimed by the state;

(14) tideland means land that is periodically covered by tidal water between the elevation of mean high water and mean low water.
Alaska Stat. § 38.08.100 — AK Code / Title 38 / Chapter 38.08 / Section 38.08.100
Revocation of entry permit.
Status: in_force

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 expiration of the time required; or

(2) convert a substantially completed dwelling for which an exception has been made under (1) of this section into a habitable permanent dwelling within one year after the deadline set out in AS 38.08.060 (a)(2).
Alaska Stat. § 38.05.730 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.730
Payments from carbon storage exploration licenses and carbon storage leases.
Status: in_force

Except as otherwise provided in AS 38.05.705 (h) or under art. IX, sec. 15, Constitution of the State of Alaska, the department shall deposit in the general fund the money it collects under AS 38.05.700  38.05.795.
Alaska Stat. § 38.05.135 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.135
Leasing generally; royalty and net profit share payments and interest.
Status: reserved

(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 become entitled, may be obtained by permit or lease for the purpose of exploration, development, and the extraction of minerals. Except as specifically limited by AS 38.05.131  38.05.181 and 38.05.700  38.05.795, land may be withheld from lease application on a first-come, first-served basis, and offered only on a competitive bid basis when determined by the commissioner to be in the best interests of the state.

(b) When mineral land is to be leased, in addition to any other notice given, notice must also be given as provided in AS 38.05.945 .

(c) Payment of a royalty or a net profit share payment to the state under a lease issued under AS 38.05.135  38.05.181 or an injection charge under AS 38.05.700  38.05.795 becomes due on the date and in the manner specified in the lease or in a regulation adopted by the commissioner.

(d) If a royalty or net profit share payment to which the state is entitled under AS 38.05.135  38.05.181 or an injection charge under AS 38.05.700  38.05.795 is not paid or is underpaid when it becomes due under (c) of this section, the unpaid amount of the royalty, net profit share payment, or injection charge bears interest in a calendar quarter at the rate of five percentage points above the annual rate charged member banks for advances by the 12th Federal Reserve District as of the first day of that calendar quarter, or at the annual rate of 11 percent, whichever is greater, compounded quarterly as of the last day of that quarter.

(e) If a royalty or net profit share payment to which the state is entitled under AS 38.05.135  38.05.181 or an injection charge under AS 38.05.700  38.05.795 is overpaid, interest at the rate and compounded in the manner provided in (d) of this section shall be allowed and paid on the overpayment. The interest allowance is subject to the following: (1) if the state grants a credit against future payments for the overpayment, the state shall pay interest on the overpayment (A) from the date that is the later of the date the overpayment was (i) due; or

(ii) received;

(B) to the date that is the earlier of the date (i) of notice to the lessee of the credit; or

(ii) on which the lessee actually takes the credit;

(2) if the state refunds the overpayment, the state shall pay interest on the overpayment (A) from the date that is the later of the date the overpayment was (i) due; or

(ii) received;

(B) to the date the state issues the refund.

(f) The issuance by the state and acceptance by a lessee of a credit or refund of an overpayment under (e) of this section does not affect any right of the state or lessee to claim an adjustment and interest on the overpayment.

(g) [Repealed, § 1 ch 37 SLA 2001.]
Alaska Stat. § 38.04.005 — AK Code / Title 38 / Chapter 38.04 / Section 38.04.005
Policy.
Status: reserved

(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 best suited for public and private use shall be determined through the inventory, planning, and classification processes set out in AS 38.04.060  38.04.070.

(b) In classifying and making state land available for private use and settlement purposes, the director shall consider the natural resources and conditions present on the land and shall seek to minimize the adverse effect of private settlement on wildlife, fishery, mineral, timber, and other significant resources of the land; the director shall also make adequate provision for public open space which is accessible to communities so that natural areas are easily reached from all communities and settled areas. The amount of that land shall be sufficient to meet existing and projected needs for accessible public recreation land. Special care shall be taken to preserve public access to public water and to retain state ownership of sufficient land which combine high value for recreation and other public purposes with accessibility to settled areas. This classification for public purposes does not constitute dedication to open space, but the division's management of land so classified shall be in a manner to preserve the identified values.

(c) In allocating land for private use and public retention, the requirements of future generations shall be considered. To this end, a supply of state land of a variety of types and locations shall be reserved to provide an opportunity for future decisions.

(d) Private land use rights are integral to the material well-being of the people of Alaska and our society.

(e) The involvement of a proximately located municipality and of local residents is essential in classifying and making state land available for private use and settlement. The director shall, when appropriate, hold public meetings in the communities most affected by the disposal to solicit the views of the residents of the communities affected.

(f) Land owned by the Board of Regents of the University of Alaska is not subject to the provisions of this chapter.
Alaska Stat. § 38.05.503 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.503
Treaties and compacts.
Status: in_force

Land in the state which has been administered by the United States under international treaties and interstate compacts will continue to be administered by the state in conformity with those treaties and compacts.
Alaska Stat. § 38.50.140 — AK Code / Title 38 / Chapter 38.50 / Section 38.50.140
Legislative review.
Status: in_force

Within 10 days after the convening of a regular legislative session, the governor shall transmit to the president of the senate and the speaker of the house of representatives any proposal for a land exchange required to be submitted to the legislature for approval under AS 38.50.010 that is scheduled to occur before the next legislative session. If exigent circumstances seriously affecting state interests so require, the governor may submit the proposed exchange to the legislature at another time. A finding of exigent circumstances shall be carefully documented in the letter of transmittal. The director is authorized to conclude a proposed exchange agreement upon approval by the legislature of the proposed exchange agreement. A decision by the legislature to disapprove a proposed exchange shall be accompanied by a recommendation to the governor with respect to future actions that the director should take concerning the exchange.
Alaska Stat. § 38.05.183 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.183
Sale of royalty.
Status: in_force

(a) The sale, exchange, or other disposal of a mineral obtained by the state as a royalty under AS 38.05.182 , the sale, exchange, or other disposal in whole or in part of a right to receive future mineral production under a state lease under this chapter, or the sale, exchange, or other disposal of gas delivered to the state under AS 43.55.014 (b) shall be by competitive bid and the sale, exchange, or other disposal made to the highest responsible bidder, except that competitive bidding is not required when the commissioner, after prior written notice to the Alaska Royalty Oil and Gas Development Advisory Board under AS 38.06.050 , determines that the best interest of the state does not require it or that no competition exists.

(b) When competitive bids are required, the commissioner, after prior written notice to the Alaska Royalty Oil and Gas Development Advisory Board, may reject all bids on a determination that because of the amount of the bids, the lack of responsibility on the part of the bidders, or for reasons consistent with the criteria set out in AS 38.06.070 , the acceptance of the bids would not be in the best interest of the state.

(c) If the commissioner determines that a sale, exchange, or other disposal of a mineral obtained by the state as a royalty under AS 38.05.182 , of a right to receive future mineral production under a state lease under this chapter, or of gas delivered to the state under AS 43.55.014 (b) shall be made otherwise than by competitive bid, and the Alaska Royalty Oil and Gas Development Advisory Board has been notified in writing of that determination, the commissioner shall make public in writing the specific findings and conclusions on which that determination is based.

(d) Oil or gas taken in kind by the state as its royalty share or gas delivered to the state under AS 43.55.014 (b) may not be sold or otherwise disposed of for export from the state until the commissioner determines that the oil or gas is surplus to the present and projected intrastate domestic and industrial needs. The commissioner shall make public, in writing, the specific findings and reasons on which the determination is based.

(e) When a sale, exchange, or other disposal of oil or gas taken in kind by the state as its royalty share, or a sale, exchange, or other disposal in whole or in part of a right to receive future royalty oil or gas, under a state lease under this chapter is made other than by competitive bid, or when a sale, exchange, or other disposal of gas delivered to the state under AS 43.55.014 (b) is made other than by competitive bid, the sale, exchange, or other disposal shall be awarded by the commissioner to the prospective buyer whose proposal offers the maximum benefits to citizens of the state. The commissioner shall consider (1) the cash value offered;

(2) the projected effects of the sale, exchange, or other disposal on the economy of the state;

(3) the projected benefits of refining or processing the oil or gas in the state;

(4) the ability of the prospective buyer to provide refined products or by-products for distribution and sale in the state with price or supply benefits to the citizens of the state; and

(5) the criteria listed in AS 38.06.070 (a).

(f) The commissioner may not enter into a contract for the sale of royalty oil unless the contract provides that any material amendment to the contract that appreciably reduces the consideration received by the state requires prior approval of the legislature.

(g) AS 38.05.035 (e) does not apply to a sale, exchange, or other disposal of oil or gas under this section.

(h) Upon legislative approval, the commissioner may enter into a contract to sell royalty gas taken in kind by the state to a gas or electric utility at a negotiated price for the gas if the commissioner, after considering the consumer benefits, other benefits, and detriments of the sale, makes a written finding that the sale is in the best interest of the state. In this subsection, (1) gas or electric utility has the meaning given in AS 38.05.180 (bb);

(2) royalty gas taken in kind by the state does not include royalty gas taken in kind by the state from gas production on land patented to the state under (A) P.L. 84-830, 70 Stat. 709 (Alaska Mental Health Enabling Act);

(B) 38 Stat. 1214 (Act of March 4, 1915); or

(C) 43 U.S.C. 1635 in settlement of the claims of the state under 38 Stat. 1214.
Alaska Stat. § 38.08.110 — AK Code / Title 38 / Chapter 38.08 / Section 38.08.110
Regulations.
Status: in_force

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.
Alaska Stat. § 38.08.030 — AK Code / Title 38 / Chapter 38.08 / Section 38.08.030
Applications for homesite entry; fees.
Status: in_force

(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 resident of the state for not less than one year immediately preceding the date the application was submitted;

(3) agree to comply with the requirements for obtaining a patent to land set out under AS 38.08.060 .

(b) Fees for filing an application may not exceed $25.
Alaska Stat. § 38.05.083 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.083
Aquatic farming and hatchery site leases.
Status: in_force

(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 commissioner shall give notice and allow opportunity for comment in accordance with AS 38.05.945 and may hold a hearing to take testimony. Before a final decision to issue a lease under this section, the commissioner shall consider all relevant comment or testimony submitted under this section, AS 38.05.945 , or 38.05.946.

(b) The commissioner, for good cause, may deny an application for issuance of a lease under this section but shall provide the applicant with written findings that explain the reasons for the denial.

(c) An aquatic farming or related hatchery operation site leased under this section is subject to appraisal under AS 38.05.840 only if the commissioner determines in writing that the site is subject to appraisal under AS 38.05.840 .

(d) A lease under this section may be assigned, but, if the assignee changes the use of the site, the lease reverts to the state.

(e) Before entering into a lease under this section, the commissioner shall require the lessee to post a performance bond or provide other security to cover the costs to the department of restoring the leased site in the event the lessee abandons the site.

(f) The commissioner shall adopt regulations establishing criteria for the approval or denial of leases under this section and for limiting the number of sites for which leases may be issued in an area in order to protect the environment and natural resources of the area. The regulations (1) must provide for the consideration of whether the proposed use of a site is compatible with the traditional and existing uses of the area in which the site is located; and

(2) may provide for the consideration of upland management policies.

(g) The commissioner may, under AS 38.05.070 (e)  (g), renew or extend a lease issued under this section.

(h) Nothing in this section prohibits a lessee under this section using a site for aquatic farming and related hatchery operations from also using that site for a tourism enterprise or educational purpose relating to aquatic farming or related hatchery operations.

(i) Notwithstanding AS 38.05.035 and 38.05.850, if a site leased under this section is actively used for aquatic farming or related hatchery operations, the commissioner may not charge a lessee, sublessee, or other person assigned all or a part of the lease a fee for using or allowing the use of the site, or passage across the site, for a tourism enterprise or educational purpose relating to aquatic farming or related hatchery operations.

(j) The compensation to be paid to the state for a lease issued under this section shall be in accordance with AS 38.05.073 (m).

(k) A site leased under this section is subject to survey under AS 38.04.045 only if the commissioner determines in writing that the site is subject to survey under AS 38.04.045 .

(l) If the director finds that it is in the best interests of the state, the director shall preference the lessee of a site leased under this section in renewing the lease for the site or in issuing a new lease for the site. A lessee under this section is not eligible for a preference to purchase the site under AS 38.05.102 .

(m) Except for a site used as a hatchery for aquatic plants or shellfish, a site leased under this section must be used for the commercial production of an aquatic farm product. In this subsection, aquatic farm product, aquatic plant, hatchery, and shellfish have the meanings given in AS 16.40.199 .

(n) A lease issued under this section may be renewed for a period of up to 20 years.
Alaska Stat. § 38.07.020 — AK Code / Title 38 / Chapter 38.07 / Section 38.07.020
Provisions of lease.
Status: in_force

(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 lease, the land shall be open again for competitive lease.

(c) All rent the lessee has paid on the lease less interest on appraised value is to be applied toward the purchase price.

(d) There shall be included in the lease agreement a provision prohibiting more than one farm unit on each half section of land.
Alaska Stat. § 38.05.190 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.190
Qualifications.
Status: in_force

(a) Except as provided in (b) of this section, exploration and mining rights under AS 38.05.185  38.05.275 may be acquired or held only by (1) citizens of the United States at least 18 years of age;

(2) legal guardians, conservators, or trustees of citizens of the United States under 18 years of age or citizens of the United States that are incapacitated adults under AS 13.26 on behalf of the citizens;

(3) individuals at least 18 years of age who have declared their intention to become citizens of the United States;

(4) aliens at least 18 years of age if the laws of their country grant like privileges to citizens of the United States;

(5) corporations, limited liability companies, or other entities that are organized under the laws of the United States or of any state or territory of the United States and qualified to do business in this state;

(6) trusts that are registered in this state under AS 13.36 and for which at least one trustee is a person described in (1)  (5) of this subsection; or

(7) associations of persons described in (1)  (6) of this subsection.

(b) An unqualified person who acquires an interest in exploration or mining rights by conveyance or operation of law, or a person who was qualified under (a) of this section at the time of location or acquisition of exploration or mining rights and later becomes unqualified, may either become qualified or transfer the interest to a qualified person within 90 days from the date the department sends written notice under (c) of this section. If the unqualified person does not cure the defect or transfer the interest to a qualified person, the department may declare the interest void under (d) of this section.

(c) If the department learns that an unqualified person has acquired an interest in exploration or mining rights through conveyance or operation of law, the department shall send written notice to the owner by certified mail, return receipt requested, to the most recent address on file with the department, stating that the interest will be void if the unqualified person does not cure the defect or transfer the interest within 90 days. The department may send an additional copy of the notice by regular mail.

(d) The department may declare void the exploration or mining interest of a person who fails to comply with (b) of this section but may not declare the interest void if the person becomes qualified under (e) of this section.

(e) An unqualified person may cure a defect in qualification, before or after receiving notice under (c) of this section, by becoming qualified or transferring the person's interest to a qualified person. A person may not cure a defect in qualification for an exploration or mining interest that has been declared void under (d) of this section.

(f) If an unqualified person fails to cure a defect in qualification within 90 days after the department sends written notice under (c) of this section, the department may declare the exploration or mining interest void and the affected land becomes open to location. A third party may not locate on the affected land or file a judicial action to declare the exploration or mining interest invalid within those 90 days.

(g) In this section, qualified to do business in this state means holding a certificate issued by the commissioner of commerce, community, and economic development necessary to conduct business in the state.
Alaska Stat. § 38.05.555 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.555
Negotiated sales and personal use of materials.
Status: in_force

(a) Notwithstanding any other provision of AS 38.05.550  38.05.565, the director may negotiate the sale of any amount of materials from a source or site designated under AS 38.05.550 (b). The period of a contract for a sale of materials negotiated under this section may not exceed five years.

(b) Sales of materials under this section must be made at a representative regional sales price set by the commissioner under AS 38.05.550 (d)(1) unless (1) the director determines that it is in the best interests of the state to sell the materials at fair market value determined by an appraisal provided by the department;

(2) the applicant, at its own cost, elects to provide an appraisal, acceptable to the department, determining the fair market value of the materials to be sold; or

(3) the sale is to a state or federal agency or political subdivision under AS 38.05.810 (a) and the material to be extracted and removed is used for public purposes; sales under this paragraph may be at a price less than appraised value as determined by the director.

(c) Subsequent sales of similar materials from the same source or site may be made by the department at the price established by an appraisal provided under (b) of this section.

(d) Individual negotiated contracts for the sale of materials authorized by (a) of this section are not subject to AS 38.05.035 (e) or 38.05.945.

(e) Materials from a source or site designated under AS 38.05.550 (b) may be extracted and removed for personal use without cost up to a limit of two cubic yards a person within a one-calendar-year period. Extraction and removal of materials under this subsection must be approved by the department before extraction operations.

(f) Notwithstanding (a)  (e) of this section, for the purpose of creating incentives for the development of peat as a source of heat or power, the director may negotiate the sale of peat to individuals, organized or unorganized communities, tribal governments, or private profit or nonprofit organizations. Under this subsection, the director may provide (1) for personal use by an individual, not more than 200 cubic yards of peat a year at no cost;

(2) for commercial use, not more than 30,000 cubic yards of peat during a single 10-year period at no cost; or

(3) for commercial use requiring more than 30,000 cubic yards of peat, the amount required by the user during a 10-year period beginning when the user uses more than 30,000 yards of peat at the price of (A) 20 percent of the representative regional sales price determined by the director under AS 38.05.550 (d)(1); or

(B) 20 percent of the fair market value determined by an appraisal completed under AS 38.05.550 (d)(2), if the applicant provides the appraisal at the applicant's expense and the appraisal is approved by the commissioner.
Alaska Stat. § 38.05.070 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.070
Generally.
Status: in_force

(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  38.05.105.

(b) The director, with the approval of the commissioner, shall determine the land to be leased and the limitations, conditions, and terms of the lease. The director shall preserve reasonable and traditional access to state land and water. If the appraised value of the transaction is $10,000 a year or less, the director may negotiate a lease for a period not to exceed 10 years, and on the limitations, conditions, and terms that the director considers are in the best interests of the state. A lease negotiated under this subsection is not eligible for a preference under AS 38.05.102 .

(c) A lease may be issued for a period up to 55 years, if the commissioner determines it to be in the best interests of the state. The commissioner shall consider the useful life of any improvements proposed and approved under AS 38.05.075 in determining the term of the lease. If the commissioner determines that the land or a part of it which is the subject of a grazing lease is not being used for the purpose issued, the lease may be declared void.

(d) If, after notice under AS 38.05.945 soliciting interest for a competitive auction, the department determines that only one potential bidder has expressed interest in bidding, the director may cancel the competitive auction and negotiate a lease and its conditions and terms that the director determines to be in the best interests of the state.

(e) The director may renew a lease issued under this section, AS 38.05.075 , 38.05.083, or 38.05.810 upon its expiration if the lease is in good standing and the lease renewal is determined to be in the best interests of the state. A renewal issued under this subsection is not subject to AS 38.05.035 (e). A lease under this section, AS 38.05.075 , or 38.05.810 may be renewed only once for a term not longer than the initial term of the lease. The director shall provide notice of the lease renewal decision.

(f) A lease may be extended once for a period up to two years if the director determines the extension to be in the best interests of the state and the extension is necessary to prolong the lease while the department considers (1) a lessee preference application under AS 38.05.102 ;

(2) an application to renew the lease under (e) of this section; or

(3) an application to issue a new lease on the same site that, because the new lease substantially changes the purpose or operation of an existing lease, requires a new finding and determination under AS 38.05.035 (e) before the purpose or operation of a lease is changed.

(g) An extension issued under (f) of this section is not subject to AS 38.05.035 (e). The director shall provide public notice of the decision to extend the lease.
Alaska Stat. § 38.35.120 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.120
Covenants required to be included in lease to a pipeline that is not a natural gas pipeline contract carrier.
Status: in_force

(a) Except as provided for a natural gas pipeline subject to AS 38.35.121 , a noncompetitive lease of state land for a right-of-way for an oil or natural gas pipeline valued at $1,000,000 or more may be granted only upon the condition that the lessee expressly covenants in the lease, in consideration of the rights acquired by it under the lease, that (1) it assumes the status of and will perform all of its functions undertaken under the lease as a common carrier and will accept, convey, and transport without discrimination crude oil or natural gas, depending on the kind of pipeline involved, delivered to it for transportation from fields in the vicinity of the pipeline subject to the lease throughout its route both on state land obtained under the lease and on the other land; it will accept, convey, and transport crude oil or natural gas without unjust or unreasonable discrimination in favor of one producer or person, including itself, as against another but will take the crude oil or natural gas, depending on the kind of pipeline involved, delivered or offered, without unreasonable discrimination, that the Regulatory Commission of Alaska shall, after a full hearing with due notice to the interested parties and a proper finding of facts, determine to be reasonable in the performance of its duties as a common carrier; however, a lessee that owns or operates a natural gas pipeline (A) subject to regulation either under 15 U.S.C. 717 et seq. (Natural Gas Act) or by the state or a political subdivision with respect to rates and charges for the sale of natural gas, is, to the extent of that regulation, exempt from the common carrier requirement in this paragraph;

(B) that is a North Slope natural gas pipeline (i) is required to operate as a common carrier only with respect to the intrastate transportation of North Slope natural gas, as that term is defined in AS 42.06.630 , and (ii) is not required to operate as a common carrier as to a liquefied natural gas facility or a marine terminal facility associated with the pipeline, and is not otherwise required to perform its functions under the lease as a common carrier; for purposes of this subparagraph, North Slope natural gas pipeline means all the facilities of a total system of pipe, whether owned or operated under a contract, agreement, or lease, used by a carrier for transportation of North Slope natural gas, as defined by AS 42.06.630 , for delivery, for storage, or for further transportation, and including all pipe, compressor stations, station equipment, tanks, valves, access roads, bridges, airfields, terminals and terminal facilities, including docks and tanker loading facilities, operations control centers for both the upstream part of the pipeline and the terminal, tanker ballast treatment facilities, fire protection system, communication system, and all other facilities used or necessary for an integral line of pipe, taken as a whole, to carry out transportation, including an extension or enlargement of the line;

(2) it will interchange crude oil or natural gas, depending on the kind of pipeline involved, with each like common carrier and provide connections and facilities for the interchange of crude oil or natural gas at every locality reached by both pipelines when the necessity exists, subject to rates and regulations made by the appropriate state or federal regulatory agency;

(3) it will maintain and preserve books, accounts, and records and will make those reports that the state may prescribe by regulation or law as necessary and appropriate for purposes of administration of this chapter;

(4) it will accord at all reasonable times to the state and its authorized agents and auditors the right of access to its property and records, of inspection of its property, and of examination and copying of records;

(5) it will provide connections, as determined by the Regulatory Commission of Alaska under AS 42.06.340 , to facilities on the pipeline subject to the lease, both on state land and other land in the state, for the purpose of delivering crude oil or natural gas, depending on the kind of pipeline involved, to persons (including the state and its political subdivisions) contracting for the purchase at wholesale of crude oil or natural gas transported by the pipeline when required by the public interest;

(6) it shall, notwithstanding any other provision, provide connections and interchange facilities at state expense at places the state considers necessary if the state determines to take a portion of its royalty or taxes in oil or natural gas;

(7) it will construct and operate the pipeline in accordance with applicable state laws and lawful regulations and orders of the Regulatory Commission of Alaska;

(8) it will, at its own expense, during the term of the lease, (A) maintain the leasehold and pipeline in good repair;

(B) promptly repair or remedy damage to the leasehold;

(C) promptly compensate for damage to or destruction of property for which the lessee is liable resulting from damage to or destruction of the leasehold or pipeline;

(9) it will not transfer, assign, or dispose of, in any manner, directly or indirectly, or by transfer of control of the carrier corporation, its interest in a right-of-way lease, or rights under the lease or a pipeline subject to the lease to a person other than another owner of the pipeline (including subsidiaries, parents, and affiliates of the owners), except to the extent that the commissioner, after consideration of the protection of the public interest (including whether the proposed transferee is fit, willing, and able to perform the transportation or other acts proposed in a manner that will reasonably protect the lives, property, and general welfare of the people of Alaska), authorizes; the commissioner shall not unreasonably withhold consent to the transfer, assignment, or disposal;

(10) it will file with the commissioner a written appointment of a named permanent resident of the state to be its registered agent in the state and to receive service of notices, regulations, decisions, and orders of the commissioner; if it fails to appoint an agent for service, service may be made by posting a copy in the office of the commissioner, filing a copy in the office of the lieutenant governor, and mailing a copy to the lessee's last known address;

(11) the applicable law of this state will be used in resolving questions of interpretation of the lease;

(12) the granting of the right-of-way lease is subject to the express condition that the exercise of the rights and privileges granted under the lease will not unduly interfere with the management, administration, or disposal by the state of the land affected by the lease, and that the lessee agrees and consents to the occupancy and use by the state, its grantees, permittees, or other lessees of any part of the right-of-way not actually occupied or required by the pipeline for the full and safe utilization of the pipeline, for necessary operations incident to land management, administration, or disposal;

(13) it will be liable to the state for damages or injury incurred by the state caused by the construction, operation, or maintenance of the pipeline and it will indemnify the state for the liabilities or damages;

(14) it will procure and furnish liability and property damage insurance from a company licensed to do business in the state or furnish other security or undertaking upon the terms and conditions the commissioner considers necessary if the commissioner finds that the net assets of the lessee are insufficient to protect the public from damage for which the lessee may be liable arising out of the construction or operation of the pipeline.

(b) Except as provided for a natural gas pipeline subject to AS 38.35.121 , for a right-of-way lease granted under this chapter for an oil or natural gas pipeline valued at $1,000,000 or more to be valid and of legal effect, it must contain the terms required to be inserted under the provisions of AS 38.35.110  38.35.140. An oil or natural gas pipeline right-of-way lease granted under this chapter and subject to this section that does not contain the required terms is null and void and without legal effect and does not vest any interest in state land or any authority in the carrier granted the lease.

(c) The commissioner may insert in any right-of-way lease other reasonable provisions and conditions required by the public interest.

(d) The lease will also contain terms and conditions that are reasonably necessary to obligate the lessee, to the extent reasonably practicable, to (1) prevent conflicts with other existing uses of the land involving a superior public interest;

(2) protect state and private property interests;

(3) prevent any significant adverse environmental impact, including but not limited to the erosion of the surface of the land, and damage to fish and wildlife and their habitat;

(4) restore and revegetate during the term and at termination of the lease; and

(5) protect the interests of individuals living in the general area of the right of way who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes.

(e) In the event the commissioner proposes to offer a lease or leases to two or more lessees for the same pipeline, the commissioner may include terms in the lease or leases which establish the limit of the obligations and liabilities of each lessee arising under this chapter or under the lease or leases.
Alaska Stat. § 38.05.735 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.735
Annual report to the legislature.
Status: in_force

The commissioner shall prepare an annual report that includes an accounting of the carbon storage closure trust fund established under AS 37.14.850 and information on carbon storage licensing applications and decisions and the issuance of carbon storage leases. The commissioner shall submit the report to the senate secretary and the chief clerk of the house of representatives on or before February 1 of each year and notify the legislature that the report is available.
Alaska Stat. § 38.04.205 — AK Code / Title 38 / Chapter 38.04 / Section 38.04.205
Fishing stream access report.
Status: in_force

(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, an electronic report (1) detailing the department's efforts during the previous year to maintain or enhance access to and along fishing streams;

(2) stating the department's objectives for enhancing and maintaining access to and along fishing streams by the public in the upcoming year.

(b) In this section, fishing stream means a stream with an appreciable sport, personal use dip net, commercial, or subsistence fish population.

Article 5. General Provisions.
Alaska Stat. § 38.05.085 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.085
Term of lease.
Status: reserved

(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 lessee of grazing or forest land may follow the payment schedule established in the cancelled federal lease or grazing permit if the lessee so desires.

(e) Notice of all actions by the department affecting the rights of a lease or lessee shall be given to the lessee.

(f) A violation of a provision of this chapter or of a term or provision of a lease subjects the lessee to appropriate legal action, including, but not limited to, a forfeiture of the lease.

(g) [Repealed, § 37 ch 2 FSSLA 1992.]
Alaska Stat. § 38.06.025 — AK Code / Title 38 / Chapter 38.06 / Section 38.06.025
Membership; vacancies.
Status: in_force

(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 at the pleasure of the governor for five-year staggered terms and confirmed by a vote of a majority of the members of the legislature in joint session. The public members may not be state officers or employees. Four of the public members may not be, nor have been in the past five years, employed by a person whose primary business is, or who owns a controlling interest in a corporation whose primary business is, the exploration for or development, production, transportation, sale, refining, or processing of petroleum products. One of the public members shall possess experience in petroleum-related fields in such areas as exploration, development, production, or economics.

(c) A chairman shall be elected by the board from among the public members.

(d) A public member shall continue in office at the expiration of a term until a successor is appointed and qualifies.

(e) Vacancies in public membership shall be filled in the same manner as original appointment. Except as provided in AS 39.05.080 (4), an appointee to fill a vacancy shall hold office for the balance of the term for which the predecessor on the board was appointed. A vacancy in board membership does not impair the authority of a quorum of the board members to exercise all the powers and duties of the board.
Alaska Stat. § 38.20.050 — AK Code / Title 38 / Chapter 38.20 / Section 38.20.050
Land lying in two zones.
Status: in_force

When a tract of land to be defined by a single description extends from one coordinate zone into another, the positions of all points on its boundaries may be referred to either of the two zones, the zone which is used being specifically named in the description.
Alaska Stat. § 38.20.030 — AK Code / Title 38 / Chapter 38.20 / Section 38.20.030
Designation of zones.
Status: in_force

In any land description in which a coordinate system is used a zone of the coordinate system is designated the Alaska Coordinate System of 1927, Zone ...................., the Alaska Coordinate System of 1983, Zone ...................., or the Alaska Coordinate System of 2022, Zone ....................
Alaska Stat. § 38.05.127 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.127
Access to navigable or public water.
Status: reserved

(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 or waterway is navigable or public water, provide for the specific easements or rights-of-way necessary to ensure free access to and along the body of water, unless the commissioner finds that regulating or limiting access is necessary for other beneficial uses or public purposes.

(b) The department shall adopt regulations implementing this section.

(c) Nothing in this section affects valid existing rights or limits in any way the constitutional right of the public to use and have free access to the navigable or public waters of the state.

(d) Upon application by a municipality or an affected owner of land, the department may vacate, release, modify, or relocate an easement and right-of-way for public access to or along navigable or public waters reserved by the department in a patent issued under AS 29.65 or former AS 29.18 , if the commissioner determines the action is consistent with the public interest.

(e) The establishment of easements or rights-of-way for oil and gas, gas only, and mineral leases under (a) of this section need not be made until the leases are ready to be developed.

(f) Rights-of-way or easements to waterways established under (a)(2) of this section shall be established approximately once each mile unless the commissioner makes a written finding that regulating or limiting access is necessary for other beneficial uses or public purposes.

(g) The commissioner may exchange land under AS 38.50 to create access to public water of the state.
Alaska Stat. § 38.05.500 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.500
Electorate determinations.
Status: in_force

The people of the State of Alaska determine that: (1) the intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states;

(2) the attempted imposition upon the State of Alaska by the Congress of the United States of a requirement in the Statehood Act that the State of Alaska and its people disclaim all right and title to any land or other property not granted or confirmed to the state or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, as a condition precedent to acceptance of Alaska into the Union, was an act beyond the power of the Congress of the United States and is thus void;

(3) the purported right of ownership and control of the public land in the State of Alaska by the United States is without foundation and violates the clear intent of the Constitution of the United States; and

(4) the exercise of that dominion and control of the public land in the State of Alaska by the United States works a severe, continuous and debilitating hardship upon the people of the State of Alaska.
Alaska Stat. § 38.05.067 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.067
Preference for veterans for unoccupied residential land.
Status: in_force

(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 appraised fair market value. The director shall adopt regulations necessary to ensure that land sold under this section is for bona fide residential use and not for speculation.

(c) When not in conflict with this section, other provisions of AS 38.05.045  38.05.067 apply to sales under this section.

(d) This section does not apply to the sale of state land under AS 38.05.057 , AS 38.08 , or AS 38.09 .

(e) In this section, veteran means a person with 90 days or more of active service in the armed forces of the United States who has been honorably discharged or a person with 90 days or more of service in the Alaska Territorial Guard.
Alaska Stat. § 38.05.118 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.118
Negotiated sales.
Status: reserved

(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 a sale of timber negotiated under this section may not exceed 25 years. The contract shall provide that the appraised value of timber remaining to be harvested under the provisions of the contract shall be redetermined at least once every five years.

(b) Notice of intent to negotiate a contract authorized by (a) of this section shall be given in accordance with AS 38.05.945 .

(c) [Repealed, § 4 ch 42 SLA 2016.] (d) Notwithstanding AS 38.05.115 and (a) of this section, and upon a written finding that the sale is in the best interest of the state and will promote economic activity in the timber sector or reduce the risk of fire or the spread of disease or insect infestation, the commissioner may negotiate a sale of timber to a local manufacturer of wood products or a user of wood fiber at less than the appraised value. However, while an initial stumpage rate for a contract under this subsection shall be determined by negotiation, the rate may not be less than the base price for the area as established under regulations adopted by the commissioner. A contract under this subsection must provide that a stumpage rate be redetermined by negotiation at least once every five years during the term of the contract to reflect changes in market conditions. The redetermined rate may not be less than the base price for the area as established under regulations adopted by the commissioner.

(e) If more than one local manufacturer of wood products or user of wood fiber expresses interest in the same sale of timber under this section, the commissioner may sell the timber by bid under AS 38.05.120 .
Alaska Stat. § 38.05.022 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.022
Big game guide concession area permit program.
Status: in_force

(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 16.05.262 .

(b) The commissioner shall administer the big game guide concession area permit program to (1) encourage conservation of the state's land and wildlife resources;

(2) provide a superior hunting experience to individuals who retain big game guiding services by limiting the number of guided hunts occurring in the same area;

(3) reduce user conflicts between big game guides and between big game guides and other users of land in the state;

(4) ensure a responsible, professional, and economically healthy big game guide guiding industry in the state; and

(5) incentivize long-term planning and the conservation of natural resources by big game guides.

(c) The department shall issue full big game guide concession area and limited big game guide concession area permits for a big game guide concession area established by the Board of Game under AS 16.05.262 in an open, public, and competitive process. The department shall establish permit standards and scoring criteria, but may not provide that a permit be issued based on the highest bid amount. A big game guide may not hold more than three concession permits at a time for state land issued under this subsection and is subject to the requirements of AS 08.54.750 . A concession permit issued under this subsection is valid for 10 years from the date issued. A concession permit issued under this subsection may not be extended or renewed without the same open and competitive process provided by the department for the issuance of a concession permit under this subsection.

(d) The commissioner, in consultation with the Big Game Commercial Services Board established under AS 08.54.591 , the Board of Game, and the Department of Fish and Game, shall adopt regulations necessary to establish and administer the big game guide concession area permit program, including regulations relating to (1) the qualifications for a full big game guide concession area permit or a limited big game guide concession area permit;

(2) the process for issuing full big game guide concession area permits and limited big game guide concession area permits and the scope and authorizations provided by each permit;

(3) the determination and collection of reasonable concession permit fees; in determining reasonable concession permit fees, the commissioner shall consider the following: (A) fees paid by big game guides holding similar concession permits in other jurisdictions;

(B) the number and type of concession permits issued for a big game guide concession area.

(e) Subject to the approval of the commissioner, a big game guide who holds a concession permit under this section may, during the term of the permit, transfer the concession permit to another individual qualified under regulations adopted under this section. In approving or disapproving the transfer of a permit, the commissioner shall consider the circumstances of the proposed transfer and whether the transfer will promote the principles listed in (b) of this section.

(f) The commissioner, in consultation with the Big Game Commercial Services Board established under AS 08.54.591 , the Board of Game, and the Department of Fish and Game, may suspend or revoke a concession permit issued under this section. If a permittee violates the terms of a concession permit issued under this section, the commissioner may suspend or revoke the concession permit after providing the permittee with written notice and an opportunity to be heard.

(g) The commissioner shall keep confidential information provided by the Big Game Commercial Services Board under AS 08.54.680 or 08.54.760 and any propriety information, confidential commercial information, or confidential financial information used by the department in the course of approving or denying an application for a big game guide concession area permit offered under this section.

(h) The commissioner is responsible for administration and enforcement of this section and may delegate that authority as appropriate. The department may issue a citation for a violation of this section or a regulation adopted under this section.

(i) In issuing a full big game guide concession area permit or limited big game guide concession area permit under this section, the commissioner, in consultation with the Big Game Commercial Services Board established under AS 08.54.591 , the Board of Game, the Department of Fish and Game, and private land owners who own 5,000 or more acres of land in the game management unit where a concession program is established, shall consider each applicant's professional history and reputation, in addition to other applicable criteria in the process required by (c) of this section.

(j) In this section, (1) concession permit means a permit granting a big game guide the right to conduct commercial big game hunts on land within a geographic area defined by the department;

(2) full big game guide concession area permit means a concession permit made available by the department through a competitive process that limits the number of clients that a permit holder may provide big game guided hunts to in the area and limits the species the permit holder may provide guided hunts for in the concession area;

(3) limited big game guide concession area permit means a concession permit made available by the department through a random draw application process that provides more restrictive limitations than a full big game guide concession area permit on the number of clients that a permit holder may provide big game guided hunts to in the area and limits the species the permit holder may provide guided hunts for in the concession area.
Alaska Stat. § 38.35.140 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.140
Payment of rental and costs.
Status: in_force

(a) The lease price for a right-of-way lease shall be the annual fair market rental of the state land included in the right-of-way based on the appraised fair market value of the land. The lease price is payable annually in advance on or before the anniversary of the lease. The appraised fair market rental value shall be adjusted at five-year intervals and charges or adjustments shall be based on a reappraised annual rental value. Rental may not be charged for any land acquired by the lessee under AS 38.35.130 (b) and conveyed without cost to the state.

(b) The lease applicant or lessee shall reimburse the state for all reasonable costs incurred in processing an application filed under AS 38.35.050 and in monitoring the construction, operation, maintenance, and termination of the pipeline on the right-of-way. The commissioner shall use best efforts to reach agreement with the lessee addressing the details of cost reimbursement under this subsection and shall provide the lessee with an annual estimate of the projected costs and scope of the work.

(c) Notwithstanding (a) of this section, a right-of-way lease shall be granted without appraisal or rental costs to the Alaska Gasline Development Corporation created under AS 31.25.010 .
Alaska Stat. § 38.95.200 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.200
Real property subject to escheat.
Status: in_force

(a) Real property in an intestate estate for which no taker can be found and real property devised by will for which no devisee, heir, or other claimant can be found escheats to the state.

(b) Real property of a defunct organization or corporation, for which no proceeding for distribution has been instituted within four years after the organization becomes defunct, escheats to the state.
Alaska Stat. § 38.05.270 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.270
Transfers.
Status: in_force

Evidence of a sale, lease, or other transfer of mining property or interest in mining property shall be recorded.
Alaska Stat. § 38.05.875 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.875
Administration of land acquired under former AS 34.10.
Status: in_force

The department may sell, lease, or administer all real property to which the state obtained title under former AS 34.10 in the same manner as it is authorized to sell, lease, or administer other state land. Proceeds derived from the sales, leases, or administration shall be remitted to the Department of Revenue and deposited into the general fund of the state.
Alaska Stat. § 38.05.045 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.045
Generally.
Status: in_force

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 provided in AS 38.05.300 , 38.05.321, 38.05.810  38.05.870, 38.05.920, 38.05.945 and 38.05.946.
Alaska Stat. § 38.50.170 — AK Code / Title 38 / Chapter 38.50 / Section 38.50.170
Definitions.
Status: in_force

In this chapter, unless otherwise specified, (1) commissioner means the commissioner of natural resources;

(2) director means the director of the division of lands;

(3) state land means all land, including shoreland, tideland, and submerged land or unsevered resources belonging to or acquired by the state excluding interests in land severed or constructively severed from the land.
Alaska Stat. § 38.05.801 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.801
Management of mental health trust land.
Status: in_force

(a) Mental health trust land shall be managed consistent with the trust principles imposed on the state by the Alaska Mental Health Enabling Act, P.L. 84-830, 70 Stat. 709 (1956).

(b) Subject to (a) of this section, the department (1) shall manage mental health trust land under those provisions of law applicable to other state land;

(2) may exchange other state land for mental health trust land under the procedures set out in AS 38.50 ; and

(3) may correct errors or omissions in the legal descriptions of mental health trust land.

(c) The commissioner shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section. The regulations adopted under this subsection must, at a minimum, address (1) maintenance of the trust land base;

(2) management for the benefit of the trust;

(3) management for long-term sustained yield of products from the land; and

(4) management for multiple use of trust land.
Alaska Stat. § 38.05.157 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.157
Potassium.
Status: in_force

(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 belonging to the state, for a period not exceeding two years. The area included in a permit may not exceed 2,560 acres of land in reasonably compact form. Upon showing to the satisfaction of the commissioner that valuable deposits of potassium compounds have been discovered by the permittee within the area covered by the permit, and that the land is chiefly valuable for these deposits, the permittee is entitled to a lease for all or a part of the land embraced in the prospecting permit, at a royalty of not less than two percent of the quantity or gross value of the output of potassium compounds and other related products, except sodium, at the point of shipment to market. The commissioner may lease land known to contain valuable deposits of potassium compounds that is not covered by permits or leases through advertisement, competitive bidding, or other methods prescribed by regulation. The area covered by the lease may not exceed 2,560 acres.

(b) Each lease shall be conditioned upon payment by the lessee of a royalty of not less than two percent of the quantity or gross value of the output of potassium compounds and other related products, except sodium, at the point of shipment to market, and the payment in advance of a rental of 25 cents an acre for the first calendar year or fraction of it, 50 cents an acre for the second calendar year, third calendar year, fourth calendar year, and fifth calendar year, and $1 an acre a year thereafter during the continuance of the lease. The rental for any one year shall be credited against royalties accruing for that year.

(c) Each lease shall be for a term of 20 years and so long thereafter as the lessee complies with the terms and conditions of the lease.
Alaska Stat. § 38.05.705 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.705
Carbon storage exploration licensing.
Status: in_force

(a) The commissioner may issue carbon storage exploration licenses on state land.

(b) A carbon storage exploration license gives the licensee (1) the exclusive right to explore, for carbon storage purposes, the state land described in the license for a five-year term; and

(2) the option to convert the license for all or part of the state land described in the license into a carbon storage lease after the licensee complies with the lease conversion process described in AS 38.05.715 .

(c) A carbon storage exploration license must (1) be conditioned on the posting of a bond or other security acceptable to the department and in favor of the state;

(2) be conditioned on an obligation by the licensee to fulfill a specified work commitment as set out in the license; the work commitment must include mandatory provisions for (A) an annual fee paid by the licensee to the department in an amount that is at least $20 an acre, subject to the license; and

(B) an annual report describing the licensee's exploration activities in the previous calendar year, which the licensee shall provide to the department; and

(3) include proposed commercial terms that apply if the license is converted into a carbon storage lease, which must, at a minimum, provide for (A) an annual rent of at least $20 an acre; and

(B) a charge on injected volumes of carbon dioxide of at least $2.50 a ton.

(d) The commissioner may revoke a carbon storage exploration license before the termination of the five-year term of the license if the licensee fails to comply with the requirements of (c) of this section or applicable regulations.

(e) The department may renew a carbon storage exploration license for a term sufficient to determine whether the licensee's permit application will be accepted under AS 41.06.105  41.06.210 if the licensee (1) before the expiration of the license, applies for a permit under AS 41.06.120 ;

(2) is in compliance with the conditions of the license;

(3) provides documentation acceptable to the department of the pending permit application; and

(4) submits to the department an executed renewal form affirming the original terms of the license for the term of the renewed license.

(f) A carbon storage exploration license that has been renewed under (e) of this section terminates immediately if the Alaska Oil and Gas Conservation Commission denies the licensee's permit application under AS 41.06.105  41.06.210.

(g) The dollar amounts in (c) of this section shall increase every five years in proportion to the Consumer Price Index for urban consumers for urban Alaska, as determined by the United States Department of Labor, Bureau of Labor Statistics. The index for January 2024 is the reference base index.

(h) A charge on injected volumes of carbon dioxide required under (c)(3)(B) of this section or as altered by the commissioner under AS 38.05.715 (c) is a royalty for the purposes of the Alaska permanent fund under AS 37.13.010 .
Alaska Stat. § 38.35.010 — AK Code / Title 38 / Chapter 38.35 / Section 38.35.010
Legislative declaration of policy.
Status: in_force

(a) The natural resources of this state in crude oil and natural gas and in its land for transportation of these resources and their products by pipeline toward markets both in and out of the state are capable of making a significant contribution to the general welfare of the people of this state. It is the policy of this state that the development, use, and control of a pipeline transportation system be directed to make the maximum contribution to the development of the human resources of this state, the increase in the standard of living for all of its residents, the advancement of existing and potential sectors of its economy, the strengthening of free competition in its private enterprise system, and the careful protection of its incomparable natural environment.

(b) The State of Alaska reserves unto itself all rights, powers, privileges, and immunities not preempted by federal interstate commerce laws and regulations in the right-of-way leasing of any state land for pipeline construction, transmission, or operation within its boundaries.
Alaska Stat. § 38.08.020 — AK Code / Title 38 / Chapter 38.08 / Section 38.08.020
Public notice.
Status: in_force

The director shall publish notice of the availability of the land in the same manner as provided in AS 38.05.945 .
Alaska Stat. § 38.20.060 — AK Code / Title 38 / Chapter 38.20 / Section 38.20.060
Characteristics of zones.
Status: in_force

The characteristics of the zones of the Alaska Coordinate Systems are the characteristics defined by the National Geodetic Survey maintained by the National Oceanic and Atmospheric Administration, as the National Geodetic Survey reads on November 7, 2022.
Alaska Stat. § 38.07.040 — AK Code / Title 38 / Chapter 38.07 / Section 38.07.040
Land certificates.
Status: in_force

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 regulations adopted under that section.
Alaska Stat. § 38.50.160 — AK Code / Title 38 / Chapter 38.50 / Section 38.50.160
Regulations.
Status: in_force

The commissioner may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the purposes of this chapter.
Alaska Stat. § 38.05.215 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.215
Notice to co-owners to contribute to cost of annual labor or improvements and forfeiture for failure to contribute.
Status: in_force

If one of several co-owners fails to contribute the proportion of the expenditures required for annual labor from the co-owner, the co-owners who have performed the labor or made the improvements may, at the expiration of the annual labor year, give the delinquent co-owner personal notice in writing, or notice by publication in the newspaper published nearest the claim for at least once a week for 90 days. If at the expiration of 90 days after the service of the notice in writing, or 90 days after the completion of the publication the delinquent fails or refuses to contribute the required proportion of the expenditures, the interest of the delinquent co-owner in the claim is forfeited to the co-owners who have made the expenditures.
Alaska Stat. § 38.50.060 — AK Code / Title 38 / Chapter 38.50 / Section 38.50.060
Reservations and covenants.
Status: in_force

The director may include in any patent or other instrument issued under this chapter any reservations and covenants relating to the land which the director considers necessary to protect or promote the public interest. Reservations and covenants may include, but are not limited to, those relating to access, environmental protection, and use or development rights. The director may receive land which is subject to reservations and covenants if the director finds that the reservations and covenants are consistent with the public interest.
Alaska Stat. § 38.20.100 — AK Code / Title 38 / Chapter 38.20 / Section 38.20.100
Use of public land survey descriptions.
Status: in_force

When coordinates based on the Alaska Coordinate System of 1927, the Alaska Coordinate System of 1983, or the Alaska Coordinate System of 2022 are used to describe a tract of land, which in the same document is also described by reference to a subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes recorded, and, in the event of a conflict, the description by reference to the subdivision, line, or corner of the United States public land surveys prevails over the description by coordinates.
Alaska Stat. § 38.95.420 — AK Code / Title 38 / Chapter 38.95 / Section 38.95.420
Registration and sale of carbon offset credits; records.
Status: in_force

(a) After a written finding under AS 38.95.410 (d), the director may enter into an agreement to register the carbon offset project to generate revenue from the sale of carbon offset credits.

(b) The department shall maintain records for a carbon offset project undertaken by the department under AS 38.95.400  38.95.499 for the project term and any additional amount of time required by the registry. The records must include, for each carbon offset project, (1) the project term;

(2) the anticipated annual carbon offset credits that the carbon offset project will yield;

(3) registry agreements; and

(4) project administration and technical documentation, including documentation related to project implementation, monitoring, and reporting.
Alaska Stat. § 38.05.060 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.060
Rejection of bids.
Status: in_force

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.
Alaska Stat. § 38.05.055 — AK Code / Title 38 / Chapter 38.05 / Section 38.05.055
Auction sale or sealed bid procedures.
Status: in_force

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 bids and sell state land under this section at not less than 70 percent of the appraised fair market value of the land. To qualify to participate under this section in a public auction or sale by sealed bid of state land that is other than commercial, industrial, or agricultural land, a bidder shall have been a resident of the state for at least one year immediately preceding the date of the sale and submit proof of that fact, as the commissioner requires by regulation. A bidder may be represented by an attorney or agent at a public auction. An aggrieved bidder may appeal to the commissioner within five days after the sale for a review of the director's determination. The sale shall be conducted by the director, and, at the time of sale, the successful bidder shall deposit an amount equal to five percent of the purchase price. The director shall immediately issue a receipt containing a description of the land or property purchased, the price bid, and the amount deposited. The receipt shall be acknowledged in writing by the bidder.