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2023 Alaska Statutes › Title 41. Public Resources › Chapter 06. Geothermal Resources › Sec. 41.06.060. Definitions.

In this chapter, unless the context otherwise requires,
(1) “commercial use” means the sale of heat or power to a third party;
(2) “commission” means the Alaska Oil and Gas Conservation Commission created under AS 31.05.005;
(3) “correlative rights” means the right of an owner of each property in a geothermal system to produce without waste the owner's just and equitable share of the geothermal resources in the geothermal system; a just and reasonable share is an amount, so far as can be practically determined and so far as can be practically produced without waste, that is substantially in proportion to the quantity of recoverable geothermal resources under the owner's property relative to the total recoverable geothermal resources in the geothermal system;
(4) “geothermal fluid” means liquids and steam at temperatures greater than 120 degrees Celsius or any commercial use of liquids and steam naturally present in a geothermal system at temperatures less than 120 degrees Celsius;
(5) “geothermal resources”
(A) means the natural heat of the earth at temperatures greater than 120 degrees Celsius, or any use of that heat for commercial purposes, measured at the point where the highest-temperature resources encountered enter or contact a well or other resource extraction device or any commercial use of the natural heat of the earth;
(B) includes
(i) the energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat;
(ii) the material medium, including steam and other gases, hot water, and hot brines constituting the geothermal fluid naturally present, as well as substances artificially introduced to serve as a heat transfer medium; and
(iii) all dissolved or entrained minerals and gases that may be obtained from the material medium, but excluding hydrocarbon substances and helium;
(6) “geothermal system” means a stratum, pool, reservoir, or other geologic formation containing geothermal resources;
(7) “operator” means a person drilling, maintaining, operating, producing, or in control of a well;
(8) “owner” means the person who has the right to drill into or produce from a geothermal system and to appropriate the geothermal resources produced from a geothermal system for that person and others;
(9) “waste” means, in addition to its ordinary meaning, physical waste, and includes an inefficient, excessive, or improper production, use, or dissipation of geothermal resources, including
(A) drilling, transporting, or storage methods that cause or tend to cause unnecessary surface loss of geothermal resources;
(B) locating, spacing, drilling, equipping, operating, producing, or venting of a well in a manner that results or tends to result in reducing the ultimate economic recovery of geothermal resources;
(10) “well” means a well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of geothermal resources.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 08. Geological and Geophysical Surveys › Sec. 41.08.017. Hydrological and seismic hazard data declared to be of public interest.

(a) Systematic collection, recording, evaluation, and distribution of data on the quantity, location, and quality of water of the state in the ground, on the surface of the ground, or along the coasts, are in the public interest and necessary to the orderly domestic and industrial development of the state.
(b) Systematic collection, evaluation, archival, and distribution of geologic data and information on earthquakes, volcanic eruptions, and engineering geology and identification of potential seismic, volcanic, and other geological hazards throughout the state are in the public interest and necessary to orderly, safely, and cost-effective development in the state.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 08. Geological and Geophysical Surveys › Sec. 41.08.020. Powers and duties.

(a) The state geologist shall conduct geological and geophysical surveys to determine the potential of Alaskan land for production of metals, minerals, fuels, and geothermal resources; the locations and supplies of groundwater and construction materials; the potential geologic hazards to buildings, roads, bridges, and other installations and structures; and shall conduct such other surveys and investigations as will advance knowledge of the geology of the state. With the approval of the commissioner, the state geologist may acquire, by gift or purchase, geological and geophysical reports, surveys, and similar information.
(b) In addition, the division of geological and geophysical surveys shall:
(1) collect, record, evaluate, and distribute data on the quantity, quality, and location of underground, surface, and coastal water of the state;
(2) publish or have published data on the water of the state;
(3) require the filing with it of the results and findings of surveys of water quality, quantity, and location;
(4) require of water well contractors, the filing with it of basic water and aquifer data normally obtained, including but not limited to well location, estimated elevation, well driller's logs, pumping tests and flow measurements, and water quality determinations;
(5) accept and spend funds for the purposes of this section, AS 41.08.017, and 41.08.035 and enter into agreements with individuals, public or private agencies, communities, private industry, state agencies, and agencies of the federal government;
(6) collect, evaluate, and distribute geologic data on seismic events and engineering geology of the state;
(7) identify potential seismic hazards that might affect development in the state;
(8) inform public officials and industry about potential seismic hazards that might affect development in the state.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 08. Geological and Geophysical Surveys › Sec. 41.08.030. Printing and distribution of reports.

The state geologist shall print and publish an annual report and other special and topical reports and maps as may be desirable for the benefit of the state, including the printing or reprinting of reports and maps made by other persons or agencies, where authorization to do so is obtained.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 08. Geological and Geophysical Surveys › Sec. 41.08.045. Fees for facilities, equipment, products, and services.

(a) Except as provided in (c) of this section, the division of geological and geophysical surveys may charge and collect a fee for facilities, equipment, products, or services that the division offers, including
(1) rental of space for confidential sample storage;
(2) rental of sample viewing facilities;
(3) retrieval, cutting, splitting, processing, or sampling of geological materials;
(4) use of equipment, including microscopes; and
(5) analyses, maps, reports, data, or products authorized by the division.
(b) The division of geological and geophysical surveys shall establish fees that may be charged and collected under (a) of this section by regulation. Before setting the fees, the division shall consider, at public hearings, the
(1) cost to the state of operating the facility or providing the service or equipment;
(2) normal fees charged for similar facilities, equipment, or services by governmental and nongovernmental entities;
(3) cost of administering a fee collection program for the facility, equipment, or service; and
(4) public interest.
(c) The division shall waive fees under this section for a student who uses facilities, equipment, products, or services for educational purposes.
(d) Fees collected under this section shall be separately accounted for under AS 37.05.142.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 10. Soil and Water Conservation › Sec. 41.10.010. Declaration of policy.

The farm, forest, and grazing land of the state is a basic asset of the state. It is the policy of this chapter, in the interest of the health, safety, and general welfare of the people of the state, to provide for the development, use, and conservation of this land in accordance with its capabilities.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 10. Soil and Water Conservation › Sec. 41.10.065. Major land areas of the state.

The five major land areas of the state are:
(1) the Arctic and northwest Alaska;
(2) the Yukon and Tanana Valleys;
(3) southwest Alaska and the Kenai Peninsula;
(4) southcentral Alaska; and
(5) southeast Alaska.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 10. Soil and Water Conservation › Sec. 41.10.100. Duties of board.

(a) At the request of the commissioner, the board shall meet and advise the commissioner in the exercise of the powers, duties, and functions of the commissioner.
(b) The board shall also
(1) receive and review reports concerning the use of soil resources of the state;
(2) hold public hearings and meetings to determine whether land in the state is being used in a manner consistent with sound soil and water conservation practices;
(3) make recommendations for specific action necessary to provide for the effective and orderly development of agricultural, forest, and grazing land in the state;
(4) review an appeal by an applicant or lessee from a decision of the director of the division of lands concerning a sale or lease of state agricultural or grazing land and submit its recommendations to the commissioner or hearing officer;
(5) act in an advisory capacity to the soil and water conservation districts in the state;
(6) act in an advisory capacity to the commissioner and director of the division of the department with responsibility for agriculture in the review of farm conservation plans for all state agricultural land sales in the state.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 10. Soil and Water Conservation › Sec. 41.10.110. Powers of commissioner.

The commissioner has the power to
(1) conduct land capability surveys and investigations of potential agricultural areas and of soil conservation and erosion control, including necessary preventative and control measures, in the state; to publish the results of these surveys and investigations and to disseminate information concerning the results of the surveys and investigations to prospective settlers and the general public;
(2) make technical guidance and other assistance available to settlers of new land to assure the development of the land in a manner that will permit it to be used in accordance with its capabilities and treated in accordance with its needs;
(3) carry out measures for soil conservation and erosion control within the state, including engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land, with the consent and cooperation of the land user or agency having jurisdiction of the land;
(4) cooperate with, furnish assistance to, and enter into agreements with, a user of land or agency within the state;
(5) construct, improve, and maintain soil erosion control and conservation structures as are necessary and practical for carrying out the purposes of this chapter;
(6) develop comprehensive plans for the conservation of soil and control of soil erosion within the state, cropping programs, tillage practices and changes in land use, and publish plans and information and bring them to the attention of users of land within the state;
(7) accept contributions in money, services, materials, or equipment from the United States or its agencies, from an agency of the state, and from any other source, for use in carrying out the purposes of this chapter.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 10. Soil and Water Conservation › Sec. 41.10.130. Creation and boundaries of soil and water conservation districts.

(a) The commissioner may, on the recommendation of the board, create soil and water conservation districts in the state upon petition signed by 25 or more land users setting out the proposed boundaries of the proposed district. The commissioner shall fix a time for and give notice of a public hearing based on the petition at a convenient location or locations within the boundaries of the proposed district. The commissioner may fix the boundaries of the district created, supervise the election of, prescribe the duties of, and install a governing body of five land users to be known as district supervisors for each district created, and delegate to the district supervisors powers as the commissioner considers necessary to accomplish the purposes of this chapter within the district boundaries.
(b) The area of the state that is not located within a district organized under (a) of this section shall be governed by the board.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 10. Soil and Water Conservation › Sec. 41.10.140. Definitions.

In this chapter,
(1) “board” means the Alaska Natural Resource Conservation and Development Board;
(2) “land user” or “user of land” means a person who
(A) is a producer of renewable resources, including farming and forestry; and
(B) has a current cooperative agreement with a soil and water conservation district.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.010. Intent.

It is the intent of AS 41.15.010 - 41.15.170 to provide protection from wildland fire and other destructive agents, commensurate with the values at risk, on forested land that is owned privately, by the state, or by a municipality.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.030. Contracts for forest protection; emergency firefighters.

(a) The commissioner may enter into necessary protection contracts.
(b) The commissioner may hire emergency firefighting personnel, and shall establish classifications and rates of pay for the emergency firefighting personnel consistent with the compensation paid by other firefighting agencies. The commissioner may adjust the classifications and rates based on findings of the federal Bureau of Land Management for Alaska. The commissioner may assign emergency firefighting personnel to conduct fire suppression, hazard reduction, fire prevention, habitat restoration or improvement, and other related activities in emergency and nonemergency circumstances. The assignment of emergency firefighting personnel to nonemergency activities may not be used to replace permanent or seasonal state employees.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.040. Right of entry to control and suppress fires.

(a) Upon approval by the commissioner or an authorized agent, an employee of the division of forestry and fire protection, or of any organization authorized to prevent, control, or suppress a fire or a destructive agent, and others assisting in the control or suppression of a fire upon request of an officer or employee of the United States or the state may, when responding to a wildland fire or suspected wildland fire or administering the provisions of this chapter, enter upon any land, whether publicly or privately owned, for the purpose of preventing, investigating, suppressing, or controlling a wildland fire or a destructive agent.
(b) A person may not interfere with or prohibit the access authorized under (a) of this section.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.045. Civil immunity.

(a) Notwithstanding other provisions of law, a person may not bring a civil action for damages for death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties arising out of prevention, monitoring, control, or suppression of fires authorized to be performed under AS 41.15.010 - 41.15.170 against
(1) the state or its officers, agents, and employees;
(2) a political subdivision of the state or its officers, agents, and employees;
(3) any organization authorized to prevent, control, or suppress fires; or
(4) others assisting in the control or suppression of fires at the request of an officer or employee of the United States or the state.
(b) This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.050. Fire season.

The period from April 1 to August 31, inclusive, of each year is designated the fire season. The commissioner may, at any time, proclaim an additional period for all or any portion of the state when weather or other conditions require action for the protection of forested land. The commissioner may also, at any time, prohibit, or allow only by permit, the setting of fires, smoking, entry, or other use on the land, when, in the judgment of the commissioner, the activities would unduly increase the fire danger.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.060. Permits.

(a) The commissioner shall, by regulation, prescribe the conditions of and the manner for obtaining a permit for the setting of fires, use of burning devices, and other activities and uses of land that increase fire danger.
(b) A person may not set fires, use burning devices, or conduct other activities or use land that increases fire danger without a permit as prescribed by the commissioner in regulation under (a) of this section.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.070. Disposal of burning materials.

During the fire season, a burn closure, or restriction established under AS 41.15.050, a person may not discard any lighted tobacco, cigar, cigarette, match, firecracker, or other burning material on forested land.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.090. Building or leaving fires.

(a) A person may not start a fire in or near forested land without first clearing the ground immediately around it free from materials that will carry fire.
(b) A person who starts a fire in or near forested land may not leave the fire before totally extinguishing the fire.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.110. Uncontrolled spread of fire; leaving fire unattended.

(a) A person who knows of a fire or sets a fire on forested land owned, possessed, or controlled by the person, shall exercise due care to prevent the uncontrolled spread of the fire.
(b) A person shall make every effort possible to extinguish a fire the person knowingly sets on forested land and may not leave a fire unattended.
(c) In a criminal action brought under this section, the escape of the fire may be considered by a court as evidence that the person responsible for starting the fire acted knowingly.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.120. Requirement to assist in preventing or suppressing fires.

If an officer or employee of the United States or the state who is authorized to prevent, investigate, or suppress fires requests a person to assist in the prevention or suppression of a fire and informs the person of the officer or employee's official status, the person shall assist the officer or employee.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.130. Backfires and burnouts excluded.

AS 41.15.010 - 41.15.040 and 41.15.050 - 41.15.170 do not apply to the setting of backfires, burnouts, and other burning or clearing of land under the direction of an officer or employee of the United States or the state who is authorized to prevent or suppress fires.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.140. Penalty.

Except as provided in AS 41.15.150, a person who
(1) knowingly violates a provision of AS 41.15.040 - 41.15.130 is guilty of a class A misdemeanor punishable as provided in AS 12.55;
(2) without any culpable mental state, violates a provision of AS 41.15.040 - 41.15.130 or a regulation adopted under AS 41.15.040 - 41.15.130 is guilty of a violation and upon conviction is punishable by a fine under AS 12.55.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.150. Criminal burning of forested land in the first degree.

(a) A person commits the crime of criminal burning of forested land in the first degree if
(1) the person violates AS 41.15.155; and
(2) the person's actions or conduct violate a provision of AS 41.15.010 - 41.15.130 or a regulation adopted under AS 41.15.010 - 41.15.130.
(b) Criminal burning of forested land in the first degree is a class B felony punishable as provided in AS 12.55.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.155. Criminal burning of forested land in the second degree.

(a) A person commits the crime of criminal burning of forested land in the second degree if
(1) the person knowingly sets a fire;
(2) with criminal negligence, the person
(A) permits the fire to spread beyond the person's control; or
(B) fails to prevent the fire from spreading to forested land or other flammable material; and
(3) as a result, the fire burns forested land or other flammable material located or growing on land that is not owned, possessed, or controlled by the person.
(b) Criminal burning of forested land in the second degree is a class C felony punishable as provided in AS 12.55.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.160. Double damages in civil actions.

In addition to the criminal punishment provided for by AS 11.46.400 - 11.46.450, AS 41.15.140, 41.15.150, and 41.15.155, the United States, the state, a municipality, or any person may recover in a civil action double the amount of damages sustained as a consequence of a violation of AS 11.46.400 - 11.46.450, AS 41.15.010 - 41.15.155. In a civil action brought under AS 41.15.010 - 41.15.170 or any other law relating to the subject matter of AS 41.15.010 - 41.15.170, the escape of a fire is presumptive evidence of negligence by the person responsible for starting the fire and unless rebutted is sufficient to sustain the recovery.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 1. Protection of Forested Land. › Sec. 41.15.170. Definitions.

In AS 41.15.010 - 41.15.170,
(1) “criminal negligence” has the meaning given in AS 11.81.900;
(2) “damages” includes costs incurred in suppressing, controlling, or extinguishing a fire;
(3) “destructive agent” means an insect, pathogen, or other environmental agent that causes damage to a forest resource;
(4) “forested land” includes all land on which grass, brush, timber, and other natural vegetative material grows;
(5) “knowingly” has the meaning given in AS 11.81.900;
(6) “wildland fire” includes the uncontrolled burning of grass, brush, timber, and other natural vegetative material.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 3. Fire Suppression Fund. › Sec. 41.15.210. Fire suppression fund.

A fire suppression fund is established in the state treasury for the use of the department. The fund shall be used for actual expenses incurred in the suppression of fires. The fund may not be used
(1) for capital expenditures; or
(2) to fund nonemergency activities of emergency firefighting personnel under AS 41.15.030.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 3. Fire Suppression Fund. › Sec. 41.15.220. Composition of fund.

The legislature may appropriate from the following sources to the fire suppression fund:
(1) money received in settlement of a claim or loss caused by damage as a consequence of a violation of AS 41.15.010 - 41.15.170;
(2) money received from federal, state, or other governmental unit, or from a private donor for actual fire suppression work;
(3) money received from other sources as the legislature may consider appropriate and necessary to satisfy the purpose of the fund.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 4. Haines State Forest Resource Management Area. › Sec. 41.15.300. Haines State Forest Resource Management Area.

(a) The purpose of AS 41.15.300 - 41.15.330 is to establish the land and water presently owned by the state and all land and water acquired in the future by the state lying within the boundaries described in AS 41.15.305(a) as the Haines State Forest Resource Management Area. The primary purposes for the establishment of the Haines State Forest Resource Management Area are the utilization, perpetuation, conservation, and production of the land and water including but not limited to the use of renewable and nonrenewable resources through multiple-use management and the continuation of other beneficial uses including traditional uses and other recreational activities.
(b) The responsibility for the management, control, development, and maintenance of the Haines State Forest Resource Management Area established under AS 41.15.300 - 41.15.330 is assigned to the department.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 4. Haines State Forest Resource Management Area. › Sec. 41.15.310. Coordinated management.

(a) The division of forestry and fire protection shall consult with the division of parks, the Department of Fish and Game, including each local fish and game advisory committee with jurisdiction in the area, and the Alaska Chilkat Bald Eagle Preserve Advisory Council to promote effective, efficient, and coordinated administration of the Haines State Forest Resource Management Area and the Alaska Chilkat Bald Eagle Preserve for the values for which each is established.
(b) Resource studies undertaken by the department shall be designed to benefit the management and administration of the Haines State Forest Resource Management Area and the Alaska Chilkat Bald Eagle Preserve.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 4. Haines State Forest Resource Management Area. › Sec. 41.15.315. Multiple-use management.

(a) The Haines State Forest Resource Management Area shall be managed under the principles of multiple use and sustained yield and under AS 41.17.
(b) The Department of Fish and Game is responsible for the management of fish and game resources in the Haines State Forest Resource Management Area under applicable law and in a manner consistent with AS 41.15.300 - 41.15.330 except that an opportunity for continued traditional use of the Haines State Forest Resource Management Area at levels and by traditional methods and means is guaranteed. The traditionally compatible uses include but are not limited to fishing, hunting, trapping, berry picking, subsistence, and recreational uses, operation of motorized vehicles, and the harvest of personal-use firewood.
(c) The control of highway access within the Haines State Forest Resource Management Area is the responsibility of the department except that the Department of Transportation and Public Facilities is responsible for the repair and maintenance of public roads in the Haines State Forest Resource Management Area.
(d) The state land and water described in AS 41.15.305(a) are closed to sale under state land disposal laws. The commissioner may lease the land described in AS 41.15.305(a) under AS 38.05.070 - 38.05.105 for a purpose consistent with AS 41.15.300(a) and a municipality may select land in the Haines State Forest Resource Management Area under law.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 4. Haines State Forest Resource Management Area. › Sec. 41.15.320. Management plan and regulations.

In adopting a forest management plan for the Haines State Forest Resource Management Area under AS 41.17.230, the department shall consult with the Department of Fish and Game and the governing bodies of each municipality in the general area. The Department of Fish and Game shall consult with the department and local fish and game advisory committees, if any, before adopting regulations governing fish and wildlife management in the Haines State Forest Resource Management Area. Regulations may not be adopted by either department without prior review at a public hearing in Haines and Klukwan.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 5. Miscellaneous Provisions. › Sec. 41.15.900. Observance of Arbor Day.

To increase public awareness of the vital importance of the conservation and propagation of trees and forests to the everyday life of the citizens of Alaska, the third Monday in May of each year is designated “Arbor Day.” It shall be observed by appropriate school assemblies and programs and shall be the occasion for other suitable observances and exercises by civic groups and the public in general.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 6. General Provisions. › Sec. 41.15.950. Enforcement authority.

(a) The following persons are peace officers of the state and they shall enforce the provisions of this chapter and the regulations adopted under this chapter:
(1) solely for the purpose of enforcing this chapter, an employee of the department, or other person, authorized by the commissioner;
(2) a police officer in the state.
(b) A person designated in (a) of this section may, when enforcing the provisions of this chapter or a regulation adopted under this chapter,
(1) execute a warrant or other process issued by an officer or court of competent jurisdiction;
(2) administer or take an oath, affirmation, or affidavit;
(3) arrest a person who violates a provision of this chapter or a regulation adopted under this chapter; and
(4) issue a citation to a person who violates a provision of AS 41.15.010 - 41.15.170 or a regulation adopted under this chapter.
(c) A person is not required under this section to disclose a deadly weapon under AS 11.61.220(a)(1)(A) to a peace officer described under (a)(1) of this section.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 15. Forests › Article 6. General Provisions. › Sec. 41.15.960. Bail schedules.

The supreme court shall establish by rule or order a schedule of bail amounts for offenses under this chapter or under regulations adopted under this chapter that allow the disposition of a citation without a court appearance. The bail amount may not exceed the maximum fine authorized by law for that offense.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.010. Declaration of intent.

The legislature declares that
(1) the forest resources of Alaska are among the most valuable natural resources of the state, and furnish timber and wood products, fish and wildlife, tourism, outdoor recreation, water, soil, air, minerals, and general health and welfare;
(2) economic enterprises and other activities and pursuits derived from forest resources warrant the continuing recognition and support of the state;
(3) the state has a fundamental obligation to ensure that management of forest resources guarantees perpetual supplies of renewable resources, provides nonrenewable resources in a manner consistent with that obligation, and serves the needs of all Alaska for the many products, benefits, and services obtained from them;
(4) government administration of forest resources should combine professional management services, regulatory measures, and economic incentives in a complementary fashion, and should draw upon the expertise of professional foresters in conjunction with other disciplines;
(5) under the leadership of the Department of Environmental Conservation as lead agency, the state should exercise its full responsibility and authority for control of nonpoint source pollution with respect to the Federal Water Pollution Control Act, as amended;
(6) subject to AS 41.17.098(c), the provisions of this chapter, and regulations adopted under this chapter, with the approval of the Department of Environmental Conservation, establish the nonpoint source pollution requirements under state law and sec. 319 of the Clean Water Act for activities subject to this chapter;
(7) except for activities subject to AS 16.05.841 or 16.05.871 and regulations authorized by those sections, this chapter and regulations adopted under this chapter establish the fish habitat protection standards, policies, and review processes under state law.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.020. Division of forestry and fire protection established.

(a) The governor may establish, within the department, a division of forestry and fire protection to carry out this chapter and other appropriate duties designated by the governor.
(b) The division shall be headed by a director who shall be the state forester, appointed to the partially exempt service in accordance with law by the commissioner, from a list of two or more candidates submitted by the board. The commissioner shall solicit and consider recommendations of the Alaska Fire Chiefs Association or successor organization when reviewing the candidates submitted by the board. The commissioner may reject all candidates, in which case the board shall submit a new list. The state forester shall have
(1) a bachelor's or higher degree in forest management and at least three years of field experience in forestry; or
(2) at least eight years of professional work experience as a forester.
(c) The commissioner shall administer this chapter and is authorized and encouraged to delegate responsibilities for carrying out this chapter to the state forester.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.030. Responsibilities of division.

(a) The division shall manage state forests and, as directed by the commissioner, provide technical advice to the division of lands on sound forest practices necessary to ensure the continuous growing and harvesting of commercial forest species on other state land.
(b) The division shall regulate operations on private forest land as authorized by the provisions of this chapter or state law.
(c) The division shall provide public information and assistance regarding forest practices and timber management generally.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.041. Board of Forestry.

(a) The Board of Forestry is established in the division.
(b) The board is composed of nine members appointed by the governor:
(1) a representative of a commercial fishermen's organization;
(2) a representative of a Native corporation established under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act);
(3) a representative of an environmental organization;
(4) a representative of a forest industry trade association;
(5) a professional fish or wildlife biologist who is not employed in that capacity by a state, municipal, or federal government agency, except for university employment;
(6) a professional forester who is not employed in that capacity by a state, municipal, or federal government agency, except for university employment;
(7) a representative of a mining organization;
(8) a representative of a recreational organization; and
(9) the state forester, who serves ex officio and without a vote.
(c) The state forester is the presiding officer of the board and shall, in consultation with the board, establish procedures for scheduling and organizing board meetings. Seven voting members of the board constitute a quorum. Each decision of the board requires the affirmative vote of each voting member present less one.
(d) A board member who is unable to attend a meeting may designate an alternate who possesses the same qualifications as the board member.
(e) The division shall serve as staff to the board. The department, the Department of Fish and Game, and the Department of Environmental Conservation shall provide technical staffing and information as needed by the board.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.045. Removal of members.

(a) The governor may initiate the removal of a board member for inefficiency, neglect of duty, or misconduct in office by delivering to the member a written copy of the charges and giving the member an opportunity to be heard in person or by counsel at a public hearing before the governor or the governor's designee on at least 10 days' written notice by registered mail. The member has a right of confrontation and cross-examination of witnesses testifying.
(b) The removal is effective 15 days after the governor files a complete statement of all charges made against the member and the findings on those charges, in the main office of the board, except that a member may appeal the findings to the superior court. The court shall limit its review to a determination of whether the findings on the charges are substantiated by the evidence presented. The removal is suspended for any period of time during which an appeal from the findings of the governor or the governor's designee is pending.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.047. Powers and duties of board.

(a) The board shall review and comment to the commissioner on regulations proposed for adoption under this chapter.
(b) The board shall provide a forum for representatives of affected interests to discuss and attempt to resolve issues relevant to this chapter and to the forest resources of the state.
(c) The board, working with the department, the Department of Environmental Conservation, the Department of Fish and Game, other affected agencies and parties, and the forest-dependent industries, shall conduct an annual survey of research needs related to forest practices. The board shall review research proposals and shall make recommendations to promote research projects that would address these needs to the governor and the legislature.
(d) The board shall coordinate the monitoring of the implementation and effectiveness of this chapter, the regulations, and best management practices adopted under this chapter in meeting state water quality standards, fish and wildlife habitat requirements, and other forestry objectives. The board shall report annually to the governor on the effectiveness of this chapter and regulations adopted under it, with its recommendations for changes and for needed research and monitoring. The board shall notify the legislature that the annual report is available. The state forester, the Department of Fish and Game, and the Department of Environmental Conservation shall each present an annual report, independently, to the board on the effectiveness of this chapter, the regulations, and best management practices adopted under this chapter that protect the resources for which they have statutory responsibility, and shall make recommendations for changes to correct procedural or substantive problems. The board shall include the reports as part of its annual report. The board shall hold hearings at least once annually in southeast, southcentral, and interior Alaska for purposes of taking public testimony on the subjects.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.055. Powers and duties of the commissioner.

(a) The commissioner may designate and operate experimental and research forests on state land consistent with the limitations of AS 38.05.300. Laboratories and other facilities may be employed in conjunction with those forests.
(b) The commissioner may establish and maintain forest vegetation nurseries and greenhouses for planting stock to be made available, with or without charge, to organizations, institutions, government agencies, individuals, and businesses for reforestation, afforestation, and related purposes.
(c) The commissioner is authorized to undertake cooperative forestry programs, extension services, and education programs, and to otherwise offer a full range of professional management services to the interested public. When the commissioner considers it beneficial, the commissioner may participate in federal assistance programs by accepting assistance in whatever form offered.
(d) The commissioner may develop regulations under this chapter as part of the state program for control of nonpoint source pollution under the Federal Water Pollution Control Act, as amended. However, the Department of Environmental Conservation is the lead agency for water quality and control of nonpoint source pollution under that Act, and the regulations are therefore subject to the approval of the commissioner of environmental conservation.
(e) In the administration of this chapter, the commissioner shall consult with and draw upon the expertise of interested organizations, enterprises, individuals, government agencies, educational institutions, and landowners. The commissioner may enter into cooperative agreements and contracts with them to carry out this chapter.
(f) The commissioner shall locate department personnel with forestry expertise throughout the state to facilitate public access to professional management services and other forest resources programs.
(g) The commissioner may take other actions necessary and proper for the administration of this chapter, including the adoption of regulations under AS 44.62 (Administrative Procedure Act) and AS 41.17.047.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.060. Regulatory and administrative standards.

(a) All regulations, administrative actions, and other activities and duties undertaken under this chapter shall be in full accordance with the standards set out in this section.
(b) With respect to state, municipal, and private forest land, the following standards apply:
(1) to the maximum extent possible, all applicable data and information of applicable disciplines shall be updated and used in making decisions relative to the management of forest resources;
(2) environmentally sensitive areas shall be recognized in the development of regulations and best management practices that are designed to implement nonpoint source pollution control measures authorized under this chapter;
(3) administration of forest land shall consider marketing conditions and other economic constraints affecting the forest landowner, timber owner, or the operator;
(4) to the fullest extent practicable, harvested forest land shall be reforested, naturally or artificially, so as to result in a sustained yield of merchantable timber from that land; if artificial planting is required, silviculturally acceptable seedlings must first be available for planting at an economically fair price in the state; and
(5) significant adverse effects of soil erosion and mass wasting on water quality and fish habitat shall be prevented or minimized.
(c) With respect to state and municipal forest land only, the following standards also apply:
(1) forest land shall be administered for the multiple use of the renewable and nonrenewable resources and for the sustained yield of the renewable resources of the land in the manner that best provides for the present needs and preserves the future options of the people of the state;
(2) a system of allocating predominant uses or values to particular units within a contiguous area of land shall reflect in reasonable proportion the various resources and values present in that area;
(3) to the extent its capacity permits, forest land shall be administered so as to provide for the continuation of businesses, activities, and lifestyles that are dependent upon or derived from forest resources;
(4) timber harvesting is limited to areas where data and information demonstrate that natural or artificial reforestation techniques will result in the production of a sustained yield of merchantable timber from that area;
(5) there may not be significant impairment of the productivity of the land and water with respect to renewable resources;
(6) allowance shall be made for scenic quality in or adjacent to areas of substantial importance to the tourism and recreation industry; and
(7) allowance shall be made for important fish and wildlife habitat.
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.070. Administrative plan and report.

(a) The commissioner shall develop and continually maintain a long-range plan for the administration of this chapter that demonstrates that the provisions of AS 41.17.010 are being recognized and that the standards of AS 41.17.060 are being met. The commissioner shall maintain a current inventory or assessment of timber on forest land to assist in meeting the requirements of this section.
(b) To maintain a record of division decision making for public and agency review, the commissioner shall compile and index each decision made under this chapter regarding directives, stop work orders, waivers from requirements, decisions of hearing officers, and decisions on appeals. The commissioner shall submit a summary of this record annually to the board.
(c) [Repealed, § 108 ch 6 SLA 1984.]
(d) [Repealed, § 108 ch 6 SLA 1984.]
2023 Alaska Statutes › Title 41. Public Resources › Chapter 17. Forest Resources and Practices › Article 1. Administration and Management. › Sec. 41.17.080. Regulations.

(a) The commissioner may adopt regulations necessary to accomplish the purposes of this chapter under AS 44.62 (Administrative Procedure Act) regarding forest practices such as
(1) road construction and maintenance, including
(A) road location, construction, maintenance, and post-operation management or removal;
(B) landing location and construction;
(C) drainage structures;
(D) material sources and spoil disposal sites;
(2) timber harvesting, including
(A) timber harvest unit planning and design;
(B) felling and bucking;
(C) cable yarding, shovel, tractor, and wheeled skidder systems;
(D) landing clean-up;
(E) slash disposal;
(3) log transfer, sort yards, and storage facilities, including
(A) location, design, and construction;
(B) maintenance;
(C) closure;
(D) log storage, rafting, and identification;
(4) reforestation, including
(A) site preparation and rehabilitation;
(B) prescribed burning;
(C) exemptions from reforestation requirements;
(5) prevention and suppression of forest insects and diseases;
(6) salvage logging;
(7) vegetative management; and
(8) fire and flood hazard management.
(b) The commissioner shall adopt regulations specifying the information to be submitted under AS 41.17.090(c) in the detailed plan of operations to enable the division to determine whether the activities comply with the requirements of this chapter.
(c) The commissioner may establish regions, districts, or other subdivisions of forest land in the state in which different regulations apply to reflect varying conditions in the state or to facilitate administration. In adopting regulations, the commissioner shall make appropriate distinctions between public and private land.
(d) The commissioner shall adopt only those regulations necessary to accomplish the purposes of this chapter and shall avoid regulations that increase operating costs without yielding significant benefits to public resources.