reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 14. Material Sales. › Sec. 38.05.565. Sale or disposal of materials for special purposes.

(a) The department may negotiate the sale or otherwise dispose of materials from sources or sites other than those designated under AS 38.05.550(b) to
(1) municipalities, other state and federal agencies, or other entities under AS 38.05.872; sales under this paragraph may be at less than fair market value, and materials may be disposed of free of charge if the director determines that the disposal is in the public interest;
(2) a licensed public utility or a licensed common carrier under AS 38.05.810(e); sales under this paragraph shall be at representative regional sales prices determined under AS 38.05.550(d)(1); or
(3) a holder of a permit, land lease, or right-of-way issued by the department, if the materials to be extracted and removed during the construction, use, or maintenance of a facility authorized by a permit, land lease, or right-of-way, are necessary and incidental to the primary purpose of the permit, land lease, or right-of-way, and the materials are put to beneficial use in a way that alters the character, usefulness, or availability of the materials in their native forms; the department may authorize the sale of materials under terms of the permit, land lease, or right-of-way; sales of materials under this paragraph must be at
(A) the representative regional sales price established under AS 38.05.550(d)(1) unless the sale is to a state or federal agency, political subdivision, or other entity under AS 38.05.810(a); or
(B) a price less than appraised value as determined by the director if the sale is to a state or federal agency, political subdivision, or other entity under AS 38.05.810(a) and the materials to be extracted and removed are used for public purposes.
(b) If materials are moved within and not removed from the boundaries of a permit, land lease, or right-of-way issued by the department without altering the character, usefulness, or availability of the materials in their native forms, the applicant may not be required to purchase the materials.
(c) In this section, “land lease”
(1) means a lease issued under AS 38.05.070 - 38.05.105;
(2) does not include a lease issued under AS 38.05.131 - 38.05.275.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 15. Remote Recreational Cabin Site Sales and Leases. › Sec. 38.05.600. Remote recreational cabin sites.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.801. Management of mental health trust land.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.821. Tideland seaward of public recreational sites.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.830. Land disposal in the unorganized borough.

Before a sale, lease under AS 38.05.070 - 38.05.105, or other disposal of state land in the unorganized borough, the commissioner shall consider the effect that the sale, lease, or other disposal may be expected to have on the density of the population in the vicinity of the land, and potential for conflicts with the traditional uses of the land that could result from the sale, lease, or disposal. If necessary, the commissioner shall develop a plan to resolve or mitigate the conflicts in a manner consistent with the public interest and the provisions of this chapter.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.840. Appraisal.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.850. Permits.

(a) The director, without the prior approval of the commissioner, may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to AS 38.35, telephone or electric transmission and distribution lines, log storage, oil well drilling sites and production facilities for the purposes of recovering minerals from adjacent land under valid lease, and other similar uses or improvements, or revocable, nonexclusive permits for the personal or commercial use or removal of resources that the director has determined to be of limited value. The commissioner, upon recommendation of the director, shall establish a reasonable rate or fee schedule to be charged for these uses, subject to the exception for nonprofit cooperative associations specified in (b) of this section. In the granting, suspension, or revocation of a permit or easement of land, the director shall give preference to that use of the land that will be of greatest economic benefit to the state and the development of its resources. However, first preference shall be granted to the upland owner for the use of a tract of tideland, or tideland and contiguous submerged land, that is seaward of the upland property of the upland owner and that is needed by the upland owner for any of the purposes for which the use may be granted.
(b) The fee charged for a right-of-way approved under (a) of this section shall be waived by the commissioner if the right-of-way is for a transmission or distribution line established by a nonprofit cooperative association organized under AS 10.25 for the purpose of supplying electric energy and power, or telephone service, to its members, and the waiver is considered by the commissioner to be in the best interests of the state.
(c) If the director determines, by evaluation of the nature and duration of the intended use, that an easement or right-of-way issued under this section will not be functionally revocable, the director shall provide public notice before issuing the easement or right-of-way.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.860. Deposits.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.870. Grants of land after natural disaster.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.872. Disposition of state land and resources for flood control projects.

(a) The department may make conveyances of title or other interests in state land, provide for exchange of land, or make other arrangements with respect to state land, as necessary to meet federally established requirements of flood control projects authorized inside the state by the United States.
(b) The commissioner may convey materials at less than fair market value to municipalities, other state and federal agencies, or other entities, and make other arrangements for land and materials as mitigation of a flooding area where excess material deposition significantly contributes to the flooding, consistent with a site-specific flood mitigation plan approved by the commissioner and determined to be in the best interests of the public.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.874. Public access fund created.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 16. Miscellaneous Provisions. › Sec. 38.05.875. Administration of land acquired under former AS 34.10.

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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 17. General Provisions. › Sec. 38.05.920. Assignment.

(a) Except as provided in (b) of this section, all contracts of purchase or lease of land or interest in land may be, on the affirmative approval of the director, assigned or subleased in whole or in part in writing by the contract holder or lessee, and the assignee or sublessee is subject to the provisions of laws and regulations applicable to the contract or lease.
(b) A nonprofit organization that is exempted from paying rent on state land under AS 38.05.097 may not assign or sublease the land or a portion of it on which it has a lease.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 17. General Provisions. › Sec. 38.05.930. Bona fide purchasers.

The right, title, or interest of a bona fide purchaser of any lease, interest in a lease, or option to acquire a lease or an interest in it, acquired after the effective date of issuance of the lease and held by a qualified person, association, or corporation in conformity with this chapter may not be canceled or forfeited or otherwise adversely affected by reason of the fact that the holding of the person, association, or corporation from which the lease, interest, or option was acquired, or of a predecessor in title, including the original lessee of the state, may have been canceled or forfeited, or may be or have been subject to cancellation or forfeiture. If, in any proceeding for cancellation or forfeiture, an underlying lease, interest, or option is canceled or forfeited to the state and there are valid interests therein or valid options to acquire the lease or an interest therein which are not subject to cancellation or forfeiture, the underlying lease, interest, or option shall be sold by the director to the highest responsible qualified bidder by competitive bidding under general competitive leasing regulations subject to all outstanding valid interests therein and valid options pertaining thereto. Likewise if, in any such proceeding, less than the whole interest in a lease, interest, or option is canceled or forfeited to the state, the partial interests so canceled or forfeited shall be sold by the director to the highest responsible qualified bidder under general competitive leasing regulations.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 17. General Provisions. › Sec. 38.05.940. Land purchase price discount for veterans.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 17. General Provisions. › Sec. 38.05.946. Hearings.

(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.]
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 17. General Provisions. › Sec. 38.05.950. Interference with bidding prohibited; penalties.

A person who bargains, contracts, or agrees, or attempts to bargain, contract, or agree with another that the other may not bid freely upon or purchase any parcel of land of the state offered at public sale; or by intimidation, combination, or unfair management, hinders, prevents, or attempts to hinder or prevent, a person from bidding upon or purchasing a tract of land offered for sale is punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both.
2023 Alaska Statutes › Title 38. Public Land › Chapter 06. Alaska Royalty Oil and Gas Development Advisory Board › Sec. 38.06.010. Purpose.

It is the purpose of this chapter to facilitate the wise development of Alaska's oil and gas royalty interests by providing means and procedures for sales, exchanges, or other disposition of those interests in ways calculated to promote private economic growth consistent with applicable environmental standards and public fiscal stability, and in accordance with AS 38.05.183.
2023 Alaska Statutes › Title 38. Public Land › Chapter 06. Alaska Royalty Oil and Gas Development Advisory Board › Sec. 38.06.025. Membership; vacancies.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 06. Alaska Royalty Oil and Gas Development Advisory Board › Sec. 38.06.035. Meetings, rules, quorum, votes required; conflict of interest.

(a) The board shall prescribe its own rules of procedure. It shall meet at a time and place determined by the chairman, and at other times and places as the chairman, or a majority of the board members, considers necessary. A quorum is a majority of the voting members of the board. The votes of the board members shall be recorded. Effective action to carry out the powers granted under this chapter requires the affirmative vote of a majority of the board members. A board member may not, with respect to a matter before the board, vote for or on behalf of another member of the board.
(b) A member of the board may not act upon a matter in which the relationship of a member of the board with any person creates a conflict of interest. A board member may not have an official connection with or hold stock or securities in, or have a pecuniary interest in, a corporation, company, or association engaged in the production or transportation of oil or gas.
2023 Alaska Statutes › Title 38. Public Land › Chapter 06. Alaska Royalty Oil and Gas Development Advisory Board › Sec. 38.06.040. Powers and duties of the board.

(a) The board shall
(1) in accordance with the criteria set out in AS 38.06.070, develop a plan for the wise development of the state's oil and gas royalty interests; the plan of development shall be consistent with
(A) growth of the private sector of the economy;
(B) environmental standards required by law; and
(C) public fiscal stability;
(2) hold public hearings on proposed sales, exchanges, or other disposals of royalty oil or gas to determine whether the proposals comply with AS 38.06.070;
(3) examine proposed sales, exchanges, or other disposal of, and recommend to the legislature that it approve or disapprove a proposed sale, exchange, or other disposal of
(A) the oil or gas that is obtained by the state as royalty under AS 38.05.182; or
(B) the rights to receive future oil or gas production under state leases; and
(4) recommend to the commissioner of natural resources the conditions relating to the sale, delivery, transportation, refining, or processing of oil or gas which the commissioner may include in the offer and sale of oil or gas obtained by the state as royalty under AS 38.05.182.
(b) The board may
(1) direct the commissioner of natural resources to solicit development plans or bids consistent with the criteria set out in AS 38.06.070 for
(A) the sale, exchange, or other disposal of oil or gas obtained by the state as royalty under AS 38.05.182; or
(B) the sale, exchange, or other disposal of all or a portion of the rights to receive future oil or gas production under a state lease;
(2) employ an executive director, and contract for the services of professionals, persons with knowledge of economics and other disciplines, and persons with technical skills who may be necessary to assist the board in the exercise of its powers and duties; and
(3) adopt regulations under the Administrative Procedure Act (AS 44.62) that are necessary for the exercise of its powers and duties.
2023 Alaska Statutes › Title 38. Public Land › Chapter 06. Alaska Royalty Oil and Gas Development Advisory Board › Sec. 38.06.050. Board review and recommendation required.

(a) If legislative approval is required by AS 38.06.055, a sale, exchange, encumbrance, or other disposition of oil or gas or of the rights or waiver of the rights to receive future production of royalty oil or gas may not be made by the commissioner of natural resources under AS 38.05.183 without prior review of the proposed sale, exchange, encumbrance, or other disposition by the board. A written recommendation of the board on the proposed sale, exchange, encumbrance, or other disposition of oil or gas or of the rights or waiver of the rights to receive future production of royalty oil or gas shall be submitted to the legislature at the time a bill approving the proposed sale, exchange, encumbrance, or other disposition is introduced in the legislature.
(b) Bids or applications for the purchase of royalty oil or gas may be rejected by the commissioner of natural resources if prior written notice of the proposed disapproval is given to the board.
(c) Competitive bidding in a sale, exchange, or other disposition described in (a) of this section may not be waived by the commissioner of natural resources under AS 38.05.183 unless prior written notice of proposed waiver is given to the board.
(d) [Repealed, § 5 ch 112 SLA 1980.]
2023 Alaska Statutes › Title 38. Public Land › Chapter 06. Alaska Royalty Oil and Gas Development Advisory Board › Sec. 38.06.055. Legislative approval.

(a) In addition to the recommendation by the board required under AS 38.06.050, the commissioner of natural resources may not enter into a sale, exchange, or other disposition of oil or gas or of the rights or waiver of the rights to receive future production of royalty oil or gas under AS 38.05.183 without the prior approval of the legislature. The legislature may approve a sale, exchange, or other disposition of oil or gas or of the rights or of a waiver of the rights to receive future production of royalty oil or gas only by enacting legislation.
(b) The provisions of (a) of this section do not apply to
(1) the sale, exchange, or other disposition of oil or gas for one year or less if the sale, exchange, or other disposition is entered into to relieve storage or market conditions;
(2) contracts for the sale of state-owned royalty gas or oil that specify the sale and delivery of not more than
(A) 400 barrels of crude oil per day;
(B) 460 barrels of natural gas liquids per day; and
(C) 2,400 Mcf of natural gas per day.
(c) A sale, exchange, or other disposition of oil or gas under (b)(1) of this section may not be continued after the end of one year or renewed with the same party without the prior approval of the legislature under (a) of this section. This subsection does not apply to a sequential competitively bid sale of oil or gas made with the same party under (b)(1) of this section.
2023 Alaska Statutes › Title 38. Public Land › Chapter 06. Alaska Royalty Oil and Gas Development Advisory Board › Sec. 38.06.060. Confidentiality.

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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 06. Alaska Royalty Oil and Gas Development Advisory Board › Sec. 38.06.070. Criteria.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 07. Clearing and Draining of Agricultural Land › Sec. 38.07.010. Selection and lease.

(a) The commissioner may select areas of state land classified as agricultural and contract for the land to be cleared or drained or both at state expense. In this selection and contracting, the commissioner shall be guided by the recommendations of the United States Department of Agriculture, Natural Resources Conservation Service.
(b) The land that is cleared or drained under (a) of this section shall be put up for competitive lease in lots of not less than 320 acres each. Lease payments shall be separately accounted for and may be appropriated to the agricultural revolving loan fund (AS 03.10.040).
2023 Alaska Statutes › Title 38. Public Land › Chapter 07. Clearing and Draining of Agricultural Land › Sec. 38.07.020. Provisions of lease.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 07. Clearing and Draining of Agricultural Land › Sec. 38.07.030. Owners and lessees included.

(a) An owner of agricultural land, or a lessee from the state of agricultural land, in the general vicinity of the land to be cleared or drained under AS 38.07.010(a) may apply to the commissioner to have the land cleared or drained or both along with the state land. The applicant's land shall be included in the contract of land to be cleared or drained if, in the discretion of the commissioner, the inclusion is feasible and furthers the agricultural policies of the division of the Department of Natural Resources with responsibility for agriculture.
(b) The cost of clearing privately-owned land shall be borne by the landowner. For this purpose, the landowner may borrow money according to the requirements and provisions of AS 03.10 (Alaska Agricultural Loan Act).
(c) The cost of clearing land leased from the state, including but not limited to school land, shall be borne by the state. The lessee shall repay the cost over a 10-year period at five percent interest.
2023 Alaska Statutes › Title 38. Public Land › Chapter 07. Clearing and Draining of Agricultural Land › Sec. 38.07.040. Land certificates.

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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 07. Clearing and Draining of Agricultural Land › Sec. 38.07.060. Definitions.

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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 08. Homesites › Sec. 38.08.010. Classification of land for homesite entry.

(a) The director shall designate, classify, and make available for homesite entry state land in amounts and at times as required in AS 38.04.020 or as may otherwise be required by law.
(b) Land classified as homesite entry land shall be divided into parcels not exceeding five acres in reasonably compact form, with boundaries conforming as nearly as practicable to natural geologic and topographic features. However, a parcel may exceed five acres if the director determines that the larger parcel is necessary to
(1) comply with local zoning ordinances; or
(2) permit the design of a subdivision because of topographical features, soil conditions, on-site sewage disposal requirements, or water drainage or supply considerations unique to the subdivision.
(c) [Repealed, § 45 ch 85 SLA 1979.]
(d) The director shall, to as great an extent as possible, classify land for homesite entry based upon the distribution of population in the state.
2023 Alaska Statutes › Title 38. Public Land › Chapter 08. Homesites › Sec. 38.08.030. Applications for homesite entry; fees.

(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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 08. Homesites › Sec. 38.08.040. Issuance of entry permit.

(a) An applicant meeting the qualifications for homesite entry under AS 38.08.030 and selected under (f) of this section shall be issued a revocable permit to occupy and improve the homesite in order to qualify for issuance of patent as provided in this chapter. The holder of a homesite entry permit shall pay, in advance, an annual rental fee of $100.
(b) [Repealed, § 19 ch 67 SLA 1983.]
(c) The permit may not be assigned, conveyed, or in any manner transferred except by testate or intestate succession, to a spouse during marriage, by order of a court as part of a divorce or dissolution of marriage settlement, or to either a member of the immediate family or a grantee of the applicant in the case of an extreme emergency or illness that disables the applicant. An attempt to assign, convey, transfer, or acquire a permit except as permitted by this subsection or by (e) of this section is void and constitutes a substantial breach of the permit.
(d) An applicant may apply for more than one available homesite. Except as provided in (e) of this section,
(1) a person holding a homesite patent may not apply for a homesite entry permit;
(2) a person may not simultaneously hold more than one homesite entry permit; and
(3) a person who is a member of the homesite entry permit holder's household may not be issued a homesite entry permit while a member of the homesite entry permit holder's household.
(e) The limitations against applying for or holding a homesite patent or homesite entry permit set out in (c) and (d) of this section do not apply to a homesite patent or homesite entry permit
(1) transferred by testate or intestate succession; or
(2) transferred with the approval of the director in the case of an extreme emergency involving a person applying for or holding a patent or permit or in the case of an illness that disables the person.
(f) If only one application for a homesite parcel is received, the commissioner shall offer an entry permit for the parcel to the applicant provided the applicant is otherwise qualified. If more than one application is received for a parcel, the commissioner shall select by lottery the applicant who is entitled to receive the permit for the parcel. The lottery shall be conducted under regulations adopted by the commissioner that are to the maximum extent practicable consistent with the provisions of AS 38.05.057 and the regulations adopted under that section.
2023 Alaska Statutes › Title 38. Public Land › Chapter 08. Homesites › Sec. 38.08.050. Revocation of entry permit.

(a) The entry permit may only be revoked for failure to erect a dwelling as required under AS 38.08.060, or for other substantial breach of the terms and conditions of the homesite entry permit.
(b) Upon revocation and termination of a permit, improvements or chattels upon the homesite shall be managed, and subsequent issuance of a permit for entry on the homesite shall be conditioned, in the same manner as provided in AS 38.05.090 for removal or reversion of improvements upon termination of leases of state land.
2023 Alaska Statutes › Title 38. Public Land › Chapter 08. Homesites › Sec. 38.08.060. Issuance of patent.

(a) A person who enters upon homesite entry land under a permit issued by the director shall be issued a patent to the land conveying an unencumbered title if that person
(1) occupies the land for a cumulative total of 35 months within the seven-year period following issuance of the homesite entry permit;
(2) erects a habitable, permanent, single-family dwelling on the homesite, that meets all applicable state and local regulations, within five years of the date of issuance of the homesite entry permit; for the purposes of this paragraph, a mobile home is not considered to be a permanent dwelling unless it is placed on and permanently attached to a permanent foundation;
(3) reimburses the state for the survey and platting undertaken in accordance with this chapter; the director shall provide by regulation for installment payments of this requirement.
(b) Nothing in this chapter shall be construed to prohibit a person issued a homesite entry permit from residing in a temporary habitable dwelling on the homesite until revocation of the homesite entry permit.
(c) Except as provided in (f) and (g) of this section, a person
(1) may not be issued more than one patent during a lifetime;
(2) who is a member of a patent holder's household may not be issued a permit while a member of the patent holder's household.
(d) If a dwelling is found to have been substantially completed under AS 38.08.100(1), patent shall be issued upon completion of the dwelling if that completion meets the requirements of AS 38.08.100(2), notwithstanding (a)(2) of this section.
(e) A permit holder who meets each of the provisions of (a) of this section except for (a)(1) and who tenders the commissioner an amount equal to five percent of the purchase price of the land within seven years of the issuance of the permit may purchase the land under AS 38.05.065. The purchase price of the land is the fair market value of the land at the time of purchase.
(f) Notwithstanding (c) of this section, an applicant who inherits the homesite entry permit of another applicant may
(1) qualify under this section for each homesite entry;
(2) use the efforts of the deceased applicant to qualify for the patent to the inherited entry; and
(3) be issued a patent under this section.
(g) The limitations against applying for or holding a homesite patent or homesite entry permit set out in this section do not apply to a homesite patent or permit
(1) transferred by testate or intestate succession; or
(2) transferred with the approval of the director in the case of an extreme emergency involving a person holding a patent or permit or in the case of an illness that disables the person.
2023 Alaska Statutes › Title 38. Public Land › Chapter 08. Homesites › Sec. 38.08.100. Revocation of entry permit.

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).
2023 Alaska Statutes › Title 38. Public Land › Chapter 08. Homesites › Sec. 38.08.120. Definitions.

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.