reglab/housing_qa huggingface dataset:
AK Stat § 38.05.112 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 4. Disposal of Timber.|Sec. 38.05.112. Forest land use plans.

(a) The department may not authorize the harvest of timber, except for harvests of 10 acres or less or timber salvaged from land cleared for a nonforest use, until a site-specific forest land use plan has been adopted. A forest land use plan is required whether or not a regional or area land use plan under AS 38.04.065(a) or a forest management plan under AS 41.17.230 has been adopted. The requirements of AS 38.04.065(b) shall apply to a land use plan adopted under this section only if a regional or area land use plan under AS 38.04.065(a) or a forest management plan under AS 41.17.230 has not been adopted. (b) In adopting a forest land use plan, the commissioner shall consider the best available data, including information provided by other agencies. (c) In adopting a forest land use plan on lands not covered by a forest management plan under AS 41.17.230, the commissioner shall consider non-timber uses and resources within the sale area.
AK Stat § 38.05.113 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 4. Disposal of Timber.|Sec. 38.05.113. Five-year sale schedule.

(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 emergency sales are exempt from the requirements of this section. (d) [Repealed, § 16 ch 153 SLA 2003.]
AK Stat § 38.05.115 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 4. Disposal of Timber.|Sec. 38.05.115. Limitations and conditions of sale.

(a) The commissioner shall determine the timber to be sold and the limitations, conditions, and terms of sale. The limitations, conditions, and terms shall include the utilization, development, and maintenance of the sustained yield principle, subject to preference among other beneficial uses. The commissioner may negotiate sales of timber without advertisement and on the limitations, conditions, and terms that are considered to be in the best interests of the state. Within a one-year period, the commissioner may not negotiate a sale without advertisement to the same purchaser of more than 500 M.B.M. or equivalent other measure of timber. (b) Negotiated sales not exceeding 50 M.B.M. or the equivalent other measure of timber are exempt from the provisions of AS 34.15.150. (c) The limitations of this section are not applicable to timber that becomes state property under the provisions of AS 45.50.210 - 45.50.235.
AK Stat § 38.05.117 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 4. Disposal of Timber.|Sec. 38.05.117. Salvage sales.

Notwithstanding the provisions of AS 38.05.113, the commissioner, after making a written finding that the disposal will serve the best interests of the state, may offer for salvage sale timber stands that will lose substantial economic value because of insect or disease epidemics or fire, if not salvaged within two years. Timber on land to be cleared for conversion to nonforest uses also may be offered as a salvage sale.
AK Stat § 38.05.118 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 4. Disposal of Timber.|Sec. 38.05.118. Negotiated sales.

(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.]
AK Stat § 38.05.120 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 4. Disposal of Timber.|Sec. 38.05.120. Disposal procedure.

Timber shall be sold either by sealed bids or public auction, depending on which method is determined by the commissioner to be in the best interests of the state, to the highest qualified bidder as determined by the commissioner. An aggrieved bidder may appeal to the commissioner within five days after the sale for a review of the determination. The sale shall be conducted by the commissioner, and, at the time of sale, the successful bidder shall deposit the amount specified in the terms of sale. The means by which the amount of deposit is determined shall be prescribed by appropriate regulation. The commissioner shall immediately issue a receipt containing a description of the timber purchased, the price bid, and the terms of sale. The receipt shall be accepted in writing by the bidder. A contract of sale, on a form approved by the attorney general, shall be signed by the purchaser, and the contract shall be signed by the commissioner on behalf of the state. The commissioner may impose conditions, limitations, and terms considered necessary and proper to protect the interests of the state. Violation of any provision of this chapter or the terms of the contract of sale subjects the purchaser to appropriate legal action.
AK Stat § 38.05.125 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 5. Reservation of Rights to Alaska.|Sec. 38.05.125. Reservation.

(a) Each contract for the sale, lease, or grant of state land, and each deed to state land, properties, or interest in state land, made under AS 38.05.045 - 38.05.120, 38.05.321, 38.05.810 - 38.05.825, AS 38.08, or AS 38.50 except as provided in AS 38.50.050 is subject to the following reservations: “The party of the first part, Alaska, hereby expressly saves, excepts and reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, all oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils of every name, kind or description, and which may be in or upon said land above described, or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils, and it also hereby expressly saves and reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, the right to enter by itself, its or their agents, attorneys, and servants upon said land, or any part or parts thereof, at any and all times for the purpose of opening, developing, drilling, and working mines or wells on these or other land and taking out and removing therefrom all such oils, gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its lessees, successors, and assigns forever, the right by its or their agents, servants and attorneys at any and all times to erect, construct, maintain, and use all such buildings, machinery, roads, pipelines, powerlines, and railroads, sink such shafts, drill such wells, remove such soil, and to remain on said land or any part thereof for the foregoing purposes and to occupy as much of said land as may be necessary or convenient for such purposes hereby expressly reserving to itself, its lessees, successors, and assigns, as aforesaid, generally all rights and power in, to, and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and rights hereby expressly reserved.” (b) The provisions of (a) of this section do not apply to a quitclaim of land or a transfer of an interest in land made under AS 38.05.035(b)(9). (c) Notwithstanding (a) of this section, the transfer of ownership and management of University of Alaska trust land from the Department of Natural Resources to the Board of Regents of the University of Alaska under ch. 22, SLA 1983 includes the mineral estate of the state in the land.
AK Stat § 38.05.126 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 5. Reservation of Rights to Alaska.|Sec. 38.05.126. Navigable and public water.

(a) The people of the state have a constitutional right to free access to and use of the navigable or public water of the state. (b) The state has full power and control of all of the navigable or public water of the state, both meandered and unmeandered, and the state holds and controls all navigable or public water in trust for the use of the people of the state. (c) Ownership of land bordering navigable or public water does not grant an exclusive right to the use of the water and a right of title to the land below the ordinary high water mark is subject to the rights of the people of the state to use and have access to the water for recreational purposes or other public purposes for which the water is used or capable of being used consistent with the public trust. (d) This section may not be construed to affect or abridge valid existing rights or create a right or privilege of the public to cross or enter private land.
AK Stat § 38.05.127 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 5. Reservation of Rights to Alaska.|Sec. 38.05.127. Access to navigable or public water.

(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.
AK Stat § 38.05.128 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 5. Reservation of Rights to Alaska.|Sec. 38.05.128. Obstructions to navigable water.

(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.
AK Stat § 38.05.130 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 5. Reservation of Rights to Alaska.|Sec. 38.05.130. Damages and posting of bond.

Rights may not be exercised by the state, its lessees, successors, or assigns under the reservation as set out in AS 38.05.125 until the state, its lessees, successors, or assigns make provision to pay the owner of the land full payment for all damages sustained by the owner, by reason of entering upon the land. If the owner for any cause refuses or neglects to settle the damages, the state, its lessees, successors, assigns, or an applicant for a lease or contract from the state for the purpose of prospecting for valuable minerals, or option, contract, or lease for mining coal or lease for extracting geothermal resources, petroleum, or natural gas, may enter upon the land in the exercise of the reserved rights after posting a surety bond determined by the director, after notice and an opportunity to be heard, to be sufficient as to form, amount, and security to secure to the owner payment for damages, and may institute legal proceedings in a court where the land is located, as may be necessary to determine the damages which the owner may suffer.
AK Stat § 38.05.131 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 6. Oil and Gas Exploration Licenses; Leases.|Sec. 38.05.131. Applicability; determination; regulations.

(a) Unless specifically provided otherwise in AS 38.05.132 - 38.05.134, the provisions of AS 38.05.005 - 38.05.037, 38.05.140(f), 38.05.180, 38.05.182 - 38.05.184, and 38.05.920 - 38.05.990 apply to the issuance of exploration licenses and leases for oil and gas, or for gas only, as appropriate, under AS 38.05.132 - 38.05.134. (b) The provisions of AS 38.05.131 - 38.05.134 do not apply to land (1) north of the Umiat baseline; and (2) in the vicinity of Cook Inlet that is within the area bounded by (A) the north boundary of Township 17 North, Seward Meridian; (B) the Seward Meridian; (C) the south boundary of Township 7 South, Seward Meridian; and (D) the west boundary of Range 19 West, Seward Meridian. (c) The commissioner shall make preliminary written determinations of the state land that may be subject to the provisions of AS 38.05.132. The determinations shall be given public notice using the methods described in AS 38.05.945(b). After completion of the comment period and evaluation of the comments received, the commissioner shall issue a written determination of the state land that is subject to the provisions of AS 38.05.132. (d) The commissioner may adopt regulations necessary to implement AS 38.05.131 - 38.05.134. (e) The commissioner may not issue exploration licenses to a licensee so that, at any one time, the licensee holds exploration licenses on more than 2,000,000 acres.
AK Stat § 38.05.134 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 6. Oil and Gas Exploration Licenses; Leases.|Sec. 38.05.134. Conversion to lease.

If the licensee requests and the commissioner determines that the work commitment obligation set out in an exploration license issued under AS 38.05.132 has been met, the commissioner shall convert to one or more leases all or part, as the licensee may indicate, of the area described in the exploration license that remains after the relinquishments, removals, or deletions required by AS 38.05.132(d)(2). A lease issued under this section (1) is subject to the acreage limitations imposed by AS 38.05.140(c); (2) is subject to AS 38.05.180(j) - (m), (o) - (u), and (x) - (z); (3) must be conditioned upon a royalty in amount or value of not less than 12.5 percent of production, except that the lessee who, proceeding under AS 38.05.131 - 38.05.134, under a lease issued in the Cook Inlet sedimentary basin who is the first to file with the commissioner a nonconfidential sworn statement claiming to be the first to have drilled a well discovering oil or gas in a previously undiscovered oil or gas pool and who is certified by the commissioner within one year of completion of that discovery well to have drilled a well in that pool that is capable of producing in paying quantities shall pay a royalty of five percent on all production of oil or gas from that pool attributable to that lease for a period of 10 years following the date of discovery of that pool, and thereafter the royalty payable on all production of oil or gas from the pool attributable to that lease shall be determined and payable as specified in the lease; the payment of the five percent royalty under this paragraph is authorized only to a holder of a lease who meets the requirements of AS 38.05.180(f)(4); (4) must include an annual rent of $3 per acre or fraction of an acre initially paid to the state at inception of the lease and payable annually after that until the income to the state from royalty under that lease exceeds the rental income to the state under that lease for that year; and (5) is subject to other conditions and obligations that are specified in the lease.
AK Stat § 38.05.135 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 7. Leasing of Mineral Land and Large-Scale Mine Legislative Approval.|Sec. 38.05.135. Leasing generally; royalty and net profit share payments and interest.

(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, 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 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 is not paid or is underpaid when it becomes due under (c) of this section, the unpaid amount of the royalty or net profit share payment 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 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.]
AK Stat § 38.05.137 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 7. Leasing of Mineral Land and Large-Scale Mine Legislative Approval.|Sec. 38.05.137. Leasing agreements.

The commissioner is authorized to enter into cooperative mineral leasing agreements with the United States regarding land which is the subject of a title dispute between federal and state authorities. Any such lease need not conform to the provisions of state law applicable to state leases issued under the authority of this chapter.
AK Stat § 38.05.142 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 7. Leasing of Mineral Land and Large-Scale Mine Legislative Approval.|Sec. 38.05.142. Legislative approval required for certain large-scale mines.

(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.
AK Stat § 38.05.145 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 7. Leasing of Mineral Land and Large-Scale Mine Legislative Approval.|Sec. 38.05.145. Leasing procedure.

(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.]