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2023 Alaska Statutes › Title 37. Public Finance › Chapter 23. Investment Pools for Public Entities › Sec. 37.23.090. Limitation of liability.

The state, except when providing investment management and related services under AS 37.23.050(3), and participating public entities are not liable for any acts or omissions of an investment manager with whom the participating entities have contracted for investment management and related services under AS 37.23.050.
2023 Alaska Statutes › Title 37. Public Finance › Chapter 25. Appropriations › Sec. 37.25.010. Unexpended balances of one-year appropriations.

(a) The unexpended balance of a one-year appropriation authorized in an appropriation bill lapses on June 30 of the fiscal year for which appropriated. However, a valid obligation (encumbrance) existing on June 30 is automatically reappropriated for the fiscal year beginning on the succeeding July 1 if it is recorded with the Department of Administration by August 31 of the succeeding fiscal year.
(b) A valid approved claim arising from a prior year for which the appropriation has lapsed shall be paid from the current year's appropriations if this claim does not exceed the balance lapsed.
(c) University receipts received on or before June 30 of a fiscal year in excess of the amount expended for that year may be expended in the succeeding fiscal year if an appropriation of university receipts has been made for the succeeding fiscal year. The amount of university receipts expended in a fiscal year may not exceed the amount of university receipts appropriated for that year.
(d) The University of Alaska shall, in the report required under AS 14.40.190(a), report the amount of university receipts received in one year and expended in the succeeding fiscal year.
(e) In this section, “university receipts” has the meaning given in AS 14.40.491.
2023 Alaska Statutes › Title 37. Public Finance › Chapter 25. Appropriations › Sec. 37.25.020. Unexpended balances of appropriation for capital projects.

An appropriation made for a capital project is valid for the life of the project, and the unexpended balance shall be carried forward to subsequent fiscal years if substantial, ongoing work on the project has begun within five years after the effective date of the appropriation. Between July 1 and August 31 of each fiscal year, a statement supporting the amount of the unexpended balance required to complete the projects for which the initial appropriation was made and the amount that may be lapsed shall be recorded with the Department of Administration. The office of management and budget, in coordination with the Department of Administration, shall deliver to the house and senate finance committees a report of unexpended balances of appropriations for capital projects not later than the 15th day of each regular session of the legislature.
2023 Alaska Statutes › Title 37. Public Finance › Chapter 25. Appropriations › Sec. 37.25.050. Methods of disbursement.

(a) Except as provided in (b) of this section, unless federal law requires otherwise, a state agency may not disburse money unless the disbursement is made
(1) by an electronic funds transfer to an account in a financial institution; or
(2) from an account established by the state agency by contract with a financial institution under which a person uses an electronic payment card issued by the financial institution to access the money.
(b) A state agency is not required to use the disbursement methods described in (a) of the section if
(1) another state law or federal law requires that disbursement be made by another disbursement method;
(2) use of the disbursement methods would cause substantial hardship to the recipient of the disbursement;
(3) not more than five disbursements will be made to a recipient, or, on average, to each recipient entitled to disbursement under the program for which the disbursements are made;
(4) a vendor or grantee elects not to be paid by the disbursement methods;
(5) the disbursement is to a state employee and
(A) is the only disbursement that the state agency will make to the employee for the employment; or
(B) it is in the best interests of the state agency or the employee to use another disbursement method to pay the employee; or
(6) use of another disbursement method is in the best interests of the state agency.
(c) The commissioner of administration shall adopt regulations to implement (b) of this section.
(d) A state agency is not liable to pay a fee imposed by a recipient's financial institution for a disbursement made under (a) of this section.
(e) In this section,
(1) “disbursement” includes wages and other employment benefits;
(2) “state agency” means a department, institution, board, commission, division, authority, public corporation, committee, or other administrative unit of the executive branch of state government, including the University of Alaska.
2023 Alaska Statutes › Title 37. Public Finance › Chapter 30. Local Government Bonding › Sec. 37.30.100. Prohibited bidding on bonds.

(a) A person who provides financial programming or marketing assistance to a political subdivision of the state, whether home rule or otherwise, in connection with the issuance or sale of general obligation bonds, revenue bonds, or bond anticipation notes of the political subdivision may not bid on the bonds or notes if offered at public sale, or negotiate for their purchase if sold at private sale.
(b) The sale of general obligation, revenue bonds, or bond anticipation notes of a political subdivision to a person prohibited from bidding on, or negotiating for the sale of bonds or notes under (a) of this section is against public policy and the sale is void.
(c) In this section “person” means an individual, firm, agent, factor, intermediary, partnership, corporation, association, bond house, stockbroker, or bond broker.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 1. Public and Private Land Use. › Sec. 38.04.005. Policy.

(a) In order to provide for maximum use of state land consistent with the public interest, it is the policy of the State of Alaska to plan and manage state-owned land to establish a balanced combination of land available for both public and private purposes. The choice of land best suited for public and private use shall be determined through the inventory, planning, and classification processes set out in AS 38.04.060 - 38.04.070.
(b) In classifying and making state land available for private use and settlement purposes, the director shall consider the natural resources and conditions present on the land and shall seek to minimize the adverse effect of private settlement on wildlife, fishery, mineral, timber, and other significant resources of the land; the director shall also make adequate provision for public open space which is accessible to communities so that natural areas are easily reached from all communities and settled areas. The amount of that land shall be sufficient to meet existing and projected needs for accessible public recreation land. Special care shall be taken to preserve public access to public water and to retain state ownership of sufficient land which combine high value for recreation and other public purposes with accessibility to settled areas. This classification for public purposes does not constitute dedication to open space, but the division's management of land so classified shall be in a manner to preserve the identified values.
(c) In allocating land for private use and public retention, the requirements of future generations shall be considered. To this end, a supply of state land of a variety of types and locations shall be reserved to provide an opportunity for future decisions.
(d) Private land use rights are integral to the material well-being of the people of Alaska and our society.
(e) The involvement of a proximately located municipality and of local residents is essential in classifying and making state land available for private use and settlement. The director shall, when appropriate, hold public meetings in the communities most affected by the disposal to solicit the views of the residents of the communities affected.
(f) Land owned by the Board of Regents of the University of Alaska is not subject to the provisions of this chapter.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 1. Public and Private Land Use. › Sec. 38.04.010. Public interest in making land available for private use.

(a) The primary public interest in conveying rights to state land surface to private parties is to make them available to individuals and other persons for direct use in areas classified as suitable for these purposes. In making state land available for private use, the director shall seek to guide year-round settlement to areas where public services already exist, or can be extended with reasonable economy, or where development of a viable economic base is probable.
(b) State land that is located beyond the range of existing schools and other necessary public services, or that is located where development of sources of employment is improbable, may be made available for seasonal recreational purposes or for low density settlement. The seasonal recreation use or low density settlement shall have sufficient separation between residences so that public services will not be necessary or expected. The availability of timber, firewood, and water resources shall be considered in determining separation between residences. By considering the availability of timber, firewood, and water under this subsection or in making any disposal decision, the state does not by virtue of that consideration imply any right of the person receiving the disposal to an exclusive or other right to the timber, firewood, or water, that the state will not make any other disposals in the area, or that any disposals made will be limited in type or any other manner.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 1. Public and Private Land Use. › Sec. 38.04.015. Public interest in retaining state land in public ownership.

The primary public interests in retaining areas of state land surface in public ownership are
(1) to make them available on a sustained-yield basis for a variety of beneficial uses including subsistence, energy development, aquaculture, forestry, grazing, sport hunting and fishing, hiking, snowmobiling, skiing, and other activities of a type which can generally be made available to more people and conducted more successfully if the land is in public rather than private ownership;
(2) to facilitate mining and mineral leasing by managing appropriate public land for surface uses which are compatible with subsurface uses;
(3) to protect critical wildlife habitat and areas of special scenic, recreational, scientific, or other environmental concern;
(4) to restrict development in hazardous locations such as floodplains and avalanche zones; and
(5) to guide the location of settlement and development to minimize public costs and maximize social and economic benefits.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 2. Land Availability for Private Use. › Sec. 38.04.022. State land disposal income fund.

(a) The revenue from the state land disposal program shall be deposited in the state land disposal income fund in the state treasury. On June 30 of each fiscal year, the portion of that fund that exceeds $5,000,000 shall be deposited in the state general fund. The legislature may appropriate money from the state land disposal income fund for expenditure by the Department of Natural Resources for necessary costs incurred by the commissioner in the implementation of state land disposal programs authorized under this title or for any other public purpose.
(b) Within five days after the legislature convenes in regular session, the Department of Natural Resources shall notify the legislature that a report reflecting all money deposited in the fund established under (a) of this section during the prior fiscal year is available.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 2. Land Availability for Private Use. › Sec. 38.04.030. Land availability programs.

Programs that may be used by the director to make the state's land surface available for private use under AS 38.04.020 - 38.04.055 include sale of whole or partial rights to the fee simple estate, including conveyance of agricultural use rights; leasing; open-to-entry; homesiting; homesteading; permitting for construction and occupation of cabins in isolated locations on land retained in state ownership; and other methods as provided by law. However, agricultural use rights may be conveyed only after consulting with the Board of Agriculture and Conservation.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 2. Land Availability for Private Use. › Sec. 38.04.035. Criteria for program selection.

In determining which land availability program is appropriate for state land in different locations, the director shall be guided by the following criteria:
(1) to cover public costs associated with private land use and to provide the public with a fair return for publicly owned property, conveyance of state land to private parties shall be at fair market value except where otherwise authorized by statute, or by an administrative regulation the adoption of which is specifically permitted by statute;
(2) sale or lease programs should be used where land is readily accessible to a major community center or where, because of a prime location on waterfront or a transportation route or some other location characteristic, land has relatively high real estate value;
(3) sale programs are preferred but lease programs may be used
(A) where special land use controls are required and there is a high public interest in having certain types of land used for particular purposes;
(B) when the intended use is a temporary one;
(C) in commercial or industrial situations when a leasehold can provide cash flow advantages to the lessee;
(D) when a unique location with special public values is involved, as in a deep water port, hydroelectric site, or aquaculture facility;
(E) where current demand for private use is high, but projections suggest that, in the future, the land may be more valuable for public use, as in accessible waterfront recreation areas;
(4) limited or conditional title may be granted when the state's best interest so dictates; among other things, title limitations may include grants of agricultural interest only, retention of development rights, and retention of scenic or other easements; a conditional title may be tied to a development schedule or other standards of performance.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 2. Land Availability for Private Use. › Sec. 38.04.045. Survey and subdivision.

(a) [Repealed, § 88 ch 152 SLA 1984.]
(b) Before the issuance of a long-term lease under AS 38.05.070 or of a patent for state land, an official cadastral survey shall be accomplished, unless a comparable, approved survey exists that has been conducted by the federal Bureau of Land Management. Before land may be offered under AS 38.08 or AS 38.09, or before land may be offered under AS 38.05.055 or 38.05.057, except land that is classified for agricultural uses, an official rectangular survey grid shall be established. The rectangular survey section corner positions shall be monumented and shown on a cadastral survey plat approved by the state. For those areas where the state may wish to convey surface estate outside of an official rectangular survey grid, the commissioner may waive monumentation of individual section corner positions and substitute an official control survey with control points being monumented and shown on control survey plats approved by the state. The commissioner may not issue more than one conveyance for each section within a township outside of an official rectangular survey grid. Land to be conveyed may not be located more than two miles from an official survey control monument except that the commissioner may waive this requirement on a determination that a single purpose use does not justify the requirement if the existing status of the land is known with reasonable certainty. The lots and tracts in state subdivisions shall be monumented and the cadastral survey and plats for the subdivision shall be approved by the state. Where land is located within a municipality with planning, platting, and zoning powers, plats for state subdivisions shall comply with local ordinances and regulations in the same manner and to the same extent as plats for subdivisions by other landowners. State subdivisions shall be filed and recorded in the district recorder's office. The requirements of this section do not apply to land made available for material sales, for short-term leases, for parcels adjoining a surveyed right-of-way, or for land that has been open to random staking under the homestead program in the past; however, for short-term leases, the lessee shall comply with local subdivision ordinances unless waived by the municipality under procedures specified by ordinance. In this subsection, “a single purpose use” includes a communication site, an aid to navigation, and a park site.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 2. Land Availability for Private Use. › Sec. 38.04.050. Access to private use areas.

Wherever state land is surveyed for purposes of private use, legal rights-of-way and easements shall be reserved for access and, where appropriate, for utility services to each parcel of land. A right-of-way or easement shall be located to assure adequate and feasible access for the purposes for which the right-of-way or easement was intended. Where necessary and appropriate for the use intended or where required by local subdivision ordinances, the director shall arrange for the development of surface access as part of the land availability program. The direct cost of local access development shall be borne by the recipient of the land unless otherwise provided by state statutes or regulations.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 2. Land Availability for Private Use. › Sec. 38.04.055. Access through private use areas.

The commissioner shall reserve easements and rights-of-way on and across land that is made available for private use as necessary to reach or use public water and public and private land. An easement or right-of-way reserved under this section shall include trails that have an established history of use for commerce, recreation, transportation, or providing access to a traditional outdoor activity. In this section, “traditional outdoor activity” has the meaning given in AS 38.04.200.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 2. Land Availability for Private Use. › Sec. 38.04.058. Restrictions on easement or right-of-way use.

The commissioner may, under terms agreed to in writing by a grantee, lessee, or interest holder of state land, restrict the use of an easement or right-of-way reserved under AS 38.04.050, 38.04.055, or other law in order to protect public safety or property. The commissioner may not agree to or enforce a restriction under this section unless the restriction is narrowly tailored to achieve the protection of public safety and property while preserving access to the maximum extent practicable and the commissioner makes a written finding identifying how the restriction will protect public safety and public or private property.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 3. Inventory, Planning, and Classification. › Sec. 38.04.060. Inventory.

(a) The commissioner shall prepare and maintain on a continuing basis an inventory of all state land and water and their resource and other values, giving priority to areas of potential settlement, economic development, and critical environmental concern. This inventory shall be kept current so as to reflect changes in conditions and to identify new and emerging resource and other values.
(b) The commissioner's inventory must include land and water under interagency assignment of land management authority and land and water proposed for such an assignment. That land and water must be reviewed at regular intervals to analyze current and proposed uses as these uses relate to alternative uses for all or part of the land and to determine the uses which best provide for the public interest.
(c) As funds and manpower are made available, the commissioner shall provide local and federal governments and major private landowners with data from the inventory for the purpose of planning and managing the uses of land in proximity to state land.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 3. Inventory, Planning, and Classification. › Sec. 38.04.062. Identification of state submerged land.

(a) Except as provided in (f) of this section, the state owns all submerged land underlying navigable water to which title passed to the state at the time the state achieved statehood under the equal footing doctrine or 43 U.S.C. 1301 - 1315 (Submerged Lands Act of 1953).
(b) The commissioner shall compile, maintain, and make public a list and map of all water in the state that the commissioner, the United States Department of the Interior, Bureau of Land Management, or a state or federal court determines was navigable water at the time the state achieved statehood. The submerged land underlying that navigable water shall be included in the inventory of state land prepared under AS 38.04.060.
(c) The commissioner shall also maintain and make public a list of all water in the state that the commissioner determines, in consultation with the commissioner of fish and game, was nonnavigable at the time the state achieved statehood.
(d) Water not included on the lists described in (b) or (c) of this section is not considered either navigable or nonnavigable until the commissioner has made a determination as to its navigability at the time the state achieved statehood. In addition, the commissioner may make corrections and alterations to the lists described in (b) and (c) of this section to maintain the accuracy of each list.
(e) A determination made by the commissioner under this section
(1) does not create an interest in or right of entry onto any real property that does not otherwise exist under state law;
(2) may not be recorded; and
(3) does not constitute final agency action.
(f) Submerged land that the state conveyed under AS 38.05.820 and 38.05.825 is not subject to the state's assertion of ownership under (a) of this section.
(g) In this section,
(1) “navigable water” means water that, at the time the state achieved statehood, was used, or was susceptible of being used, in its ordinary condition as a highway for commerce over which trade and travel were or could have been conducted in the customary modes of trade and travel on water; the use or potential use does not need to have been without difficulty, extensive, or long and continuous;
(2) “nonnavigable water” means surface water that was not navigable water at the time the state achieved statehood.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 3. Inventory, Planning, and Classification. › Sec. 38.04.070. Management categories.

State land classified for uses and purposes involving retention in public ownership may be included in the following management categories:
(1) state public reserve land: areas of public land to be managed for a wide variety of compatible uses and purposes in accordance with the principles of multiple use and sustained yield; land designated to this category may include, but need not be limited to, state forest reserves and state wildlife reserves as well as land classified for public purposes within settlement impact areas;
(2) state parks: areas with special recreational, scenic, cultural, historical, wilderness, or similar values, to be managed primarily for the public use and enjoyment of these values;
(3) state trails: a system of public historic or recreational trails;
(4) wild and scenic rivers: a system of rivers and adjacent state land with special natural, scenic, and recreational values located within or adjacent to a wild and scenic river area managed as part of the national system of wild and scenic rivers in accordance with 16 U.S.C. 1271 - 1287 (Wild and Scenic Rivers Act);
(5) state public domain: land within areas designated on regional plans as settlement and settlement impact which are not part of the management categories listed in (1) - (4) of this section; through classification, this land may be made available for private use, settlement, and development as well as for public uses associated with settlement and development.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 4. Access to State Land and Fishing Streams. › Sec. 38.04.200. Traditional means of access.

(a) The commissioner may not manage state land, water, or land and water so that a traditional means of access for traditional outdoor activities is restricted for the purpose of protecting aesthetic values of the land, water, or land and water or is prohibited unless the restriction or prohibition is
(1) for an area of land, water, or land and water that encompasses 640 contiguous acres or less;
(2) temporary in nature and effective cumulatively less than eight months in a three-year period;
(3) for the protection of public safety and public or private property;
(4) for the development of natural resources and a reasonable alternative for the traditional means of access across the land, water, or land and water for traditional outdoor activities on other land, water, or land and water is available and approved by the commissioner; or
(5) authorized by act of the legislature.
(b) In this section,
(1) “aesthetic values” means those values that exist as an expression of the social or cultural viewpoint held by a portion of the population;
(2) “traditional means of access” means those types of transportation on, to, or in the state land, water, or land and water, for which a popular pattern of use has developed; the term includes flying, ballooning, boating, using snow vehicles, operation of all-terrain vehicles, horseback riding, mushing, skiing, snowshoeing, and walking;
(3) “traditional outdoor activities” means those types of activities that people may use for sport, exercise, subsistence, including the harvest of foodstuffs, or personal enjoyment, including hunting, fishing, trapping, gathering, or recreational mining, and that have historically been conducted as part of an individual, family, or community life pattern on or in the state land, water, or land and water.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 4. Access to State Land and Fishing Streams. › Sec. 38.04.205. Fishing stream access report.

(a) The department, in consultation with the commissioner of fish and game, shall annually, not later than the 10th day of each regular legislative session, provide to the legislature and the governor, and post on the department's Internet website, an electronic report
(1) detailing the department's efforts during the previous year to maintain or enhance access to and along fishing streams;
(2) stating the department's objectives for enhancing and maintaining access to and along fishing streams by the public in the upcoming year.
(b) In this section, “fishing stream” means a stream with an appreciable sport, personal use dip net, commercial, or subsistence fish population.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 5. General Provisions. › Sec. 38.04.900. Regulations.

(a) The commissioner shall adopt under the Administrative Procedure Act (AS 44.62) regulations believed necessary to carry out the purposes of this chapter.
(b) A municipality has standing to petition the commissioner for the adoption of a regulation, or for the amendment or repeal of an existing regulation, or to appeal a decision of the commissioner with respect to classification, management, or disposal of land made under authority of a regulation adopted under (a) of this section with respect to state land outside the corporate boundaries of the municipality to protect any interest which the municipality is authorized to regulate outside its boundaries under AS 29.35.020.
(c) If the regulations adopted by the commissioner under (a) of this section fail to provide for a process by which decisions of the commissioner may be appealed, an interested person may petition for reconsideration of a decision. The petition shall contain the information required to be submitted by AS 44.62.220 and shall be acted upon by the commissioner in the manner provided in AS 44.62.230. For purposes of this subsection, a municipality is an interested person with respect to its interests in land defined in (b) of this section.
2023 Alaska Statutes › Title 38. Public Land › Chapter 04. Policy for Use and Classification of State Land Surface › Article 5. General Provisions. › Sec. 38.04.910. Definitions.

In this chapter, unless the context otherwise requires,
(1) “commissioner” means the commissioner of natural resources;
(2) “director” means the director of the division of lands of the Department of Natural Resources;
(3) “fair market value” means the price at which a willing seller and a willing buyer will trade;
(4) “long-term lease” means a lease for a term of more than 10 years;
(5) “multiple use” means the management of state land and its various resource values so that it is used in the combination that will best meet the present and future needs of the people of Alaska, making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; it includes
(A) the use of some land for less than all of the resources; and
(B) a combination of balanced and diverse resource uses that takes into account the short-term and long-term needs of present and future generations for renewable and nonrenewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific, and historic values;
(6) “official cadastral survey” means a United States public land survey or a survey executed under survey instructions issued by the division for the purpose of preparing a cadastral survey plat, and approved and accepted by the division for the state's official records;
(7) “official control survey” means a position marked on the ground by triangulation or traverse stations established in conformity with standards adopted by United States Coastal and Geodetic Survey for first, second and third order work, whose geodetic positions have been rigidly adjusted on the North American datum of 1927 and approved by the division;
(8) “short-term lease” means a lease for a term of 10 years or less;
(9) “state park” means an area of state land designated by law to be managed for public use and enjoyment of recreational, scenic, cultural, historical, wilderness, and similar values, and includes roadside rests and recreational beaches, state monuments and historic sites, state recreation areas and state parks, including marine parks;
(10) “state trail” means an area designated by law to be managed as a public historic or recreational trail including but not limited to
(A) trails designated under AS 41.21.850 - 41.21.860, wilderness trails and campsites; and
(B) trails and footpaths designated under AS 41.21.864 - 41.21.872;
(11) “subdivision” has the meaning given in AS 40.15.900;
(12) “sustained yield” means the achievement and maintenance in perpetuity of a high level annual or regular periodic output of the various renewable resources of the state land consistent with multiple use;
(13) “wild and scenic river” means a free-flowing river or stream designated as provided in 16 U.S.C. 1271 - 1287 (Wild and Scenic Rivers Act, 82 Stat. 906).
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 1. Administration. › Sec. 38.05.023. Terms in an agreement or contract related to a North Slope natural gas project.

(a) An agreement or contract to which the state or an entity of the state is a party that is negotiated under AS 38.05.020(b)(11) must include a requirement that the state or an entity of the state shall have access to data developed under the agreement or contract in which the state or an entity of the state has directly participated financially. Access by the state or an entity of the state to the data must be on the same or substantially similar terms applicable to any other party in a North Slope natural gas project.
(b) A proposed agreement or contract associated with a North Slope natural gas project may not include a provision that changes the property tax on property that was previously taxable under AS 43.56.
(c) A proposed agreement or contract associated with a North Slope natural gas project must provide the means for allocating infrastructure costs between the state and other parties in the project. The allocation must take into consideration the extent to which infrastructure is used by the project and used by the public and the difference between the normal expected or actual life-cycle costs for the infrastructure as used by the project and the expected or actual life-cycle costs of the same infrastructure if subject only to general public use. The proposed agreement or contract may not require the state to pay infrastructure costs that are directly related to the project and not designed for general public use in a proportionate amount that is greater than the state's share of participation in the project.
(d) An agreement or contract to which the state or an entity of the state is a party that is negotiated under AS 38.05.020(b)(11) must include principles based on commercially reasonable terms for delivering natural gas to public utilities in the state when the demand for natural gas by the utilities exceeds the amount of the state's royalty natural gas and natural gas delivered to the state as payment of tax that is available in a North Slope natural gas project.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 1. Administration. › Sec. 38.05.025. Continuing regulations, agreements, etc.

All rules, regulations, procedures, funds, contracts, and agreements established or entered into by the Department of Lands before May 2, 1959, under the authority of ch. 126, SLA 1953, as amended, and ch. 184, SLA 1957, are continued, and are subject to amendment by the commissioner except where inconsistent with this chapter.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 1. Administration. › Sec. 38.05.027. Cooperative resource management or development agreements.

(a) Consistent with the authority of the commissioner under law, the commissioner, after determining that the agreement is in the best interests of the public and the state, may enter into cooperative resource management or development agreements with the federal government, a state agency, a village or municipality, or a person. Specific guidelines to protect the state and public interest shall be established, if necessary, by the commissioner before entering into an agreement under this section.
(b) A summary of agreements entered into under this section shall be submitted to the legislature within five days of the beginning of each regular session.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 1. Administration. › Sec. 38.05.030. Exceptions.

(a) [Repealed, § 88 ch 152 SLA 1984.]
(b) The provisions of this chapter do not apply to any power, duty or authority now or in the future granted to the Department of Transportation and Public Facilities in the name of the state, to acquire, use, lease, dispose of, or exchange real property, or any interest in real property. Land assigned by the division of lands to the Department of Transportation and Public Facilities shall be returned to the management of the division of lands when it is no longer needed for the purposes assigned.
(c) The agencies referred to in (b) of this section and other state agencies with authority to acquire or dispose of land shall give written notification of the fact of acquisition, lease, disposal, or exchange to the commissioner within three months after the date that they make the acquisition, lease, disposal, or exchange.
(d) Except for land that is required to be returned to the department under (b) of this section, the Department of Transportation and Public Facilities may dispose of real property acquired by it under AS 02.15.070, AS 19.05.040(1) and (2), 19.05.080 - 19.05.120, AS 35.05.040(1) and (2), and AS 35.20.010 - 35.20.050. Land conveyed under this section to a municipality for less than fair market value shall be credited against the municipality's entitlement under AS 29.65.
(e) [Repealed, § 20 ch 182 SLA 1978.]
(f) Land owned by the Board of Regents of the University of Alaska is not subject to this chapter.
(g) This chapter does not authorize the commissioner or any employee of the department to acquire title to real property through the use of lease-purchase agreements or lease-financing agreements in which the department is the lessor. For purposes of this section, “lease-purchase agreement” and “lease-financing agreement” have the meanings given those terms in AS 36.30.990.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 1. Administration. › Sec. 38.05.037. Zoning regulations in the unorganized borough.

(a) In areas of the state outside first, second, or third class boroughs where there is no municipality with a zoning power, the division of lands shall exercise the zoning power by adopting zoning regulations.
(b) The division of lands may exercise its zoning power
(1) within federal land in the unorganized borough only at the times and in the areas it is requested to do so by the Secretary of the Interior to facilitate sales of federal land within the unorganized borough under P.L. 88-608, 78 Stat. 988;
(2) [Repealed, § 44 ch 24 SLA 2003.]
(c) Any zoning done by the division of lands under (b) of this section is final unless disapproved by concurrent resolution at the next regular session of the legislature.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 2. Sale of Land. › Sec. 38.05.045. Generally.

All land owned in fee by the state or to which the state may become entitled, excepting tide, submerged, or shoreland, and timber or grazing land, may be sold as provided in AS 38.05.045 - 38.05.069 and AS 38.08. However, this section does not prevent the disposition of land as provided in AS 38.05.300, 38.05.321, 38.05.810 - 38.05.870, 38.05.920, 38.05.945 and 38.05.946.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 2. Sale of Land. › Sec. 38.05.050. Disposal of land for private ownership.

The commissioner shall determine the land to be disposed of for private use. The commissioner shall determine the time and place of disposal. A public auction sale, a sale by sealed bid, a lottery sale, or a disposal of land for homesites may be held in a community that is near the land to be sold or disposed of.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 2. Sale of Land. › Sec. 38.05.055. Auction sale or sealed bid procedures.

Unless another method of sale is required under this chapter, AS 38.08, or AS 38.09, the sale of state land shall be made at public auction or by sealed bid, at the discretion of the director, to the highest qualified bidder as determined by the director. The director may accept bids and sell state land under this section at not less than 70 percent of the appraised fair market value of the land. To qualify to participate under this section in a public auction or sale by sealed bid of state land that is other than commercial, industrial, or agricultural land, a bidder shall have been a resident of the state for at least one year immediately preceding the date of the sale and submit proof of that fact, as the commissioner requires by regulation. A bidder may be represented by an attorney or agent at a public auction. An aggrieved bidder may appeal to the commissioner within five days after the sale for a review of the director's determination. The sale shall be conducted by the director, and, at the time of sale, the successful bidder shall deposit an amount equal to five percent of the purchase price. The director shall immediately issue a receipt containing a description of the land or property purchased, the price bid, and the amount deposited. The receipt shall be acknowledged in writing by the bidder.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 2. Sale of Land. › Sec. 38.05.059. Sale of agricultural land.

The commissioner, after consulting with the Board of Agriculture and Conservation (AS 03.09.010), may provide for the sale of land classified under AS 38.05.020(b)(6) for agricultural uses in parcels or tracts described by aliquot parts. The parcels or tracts are subject to state subdivision requirements and municipal ordinances. Money from a sale of agricultural land 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 05. Alaska Land Act › Article 2. Sale of Land. › Sec. 38.05.060. Rejection of bids.

Before the signing of the formal conveyance by the director, the commissioner may reject all bids when the best interests of the state justify this action. Land offered at public sale but not sold may be made available at private sale for not less than its appraised value.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 2. Sale of Land. › Sec. 38.05.067. Preference for veterans for unoccupied residential land.

(a) Except as provided in (d) of this section, before offering to the general public any unoccupied residential land, the director shall offer the land at a restricted sale at which only veterans may buy.
(b) The director may not sell the land under this section at less than the appraised fair market value. The director shall adopt regulations necessary to ensure that land sold under this section is for bona fide residential use and not for speculation.
(c) When not in conflict with this section, other provisions of AS 38.05.045 - 38.05.067 apply to sales under this section.
(d) This section does not apply to the sale of state land under AS 38.05.057, AS 38.08, or AS 38.09.
(e) In this section, “veteran” means a person with 90 days or more of active service in the armed forces of the United States who has been honorably discharged or a person with 90 days or more of service in the Alaska Territorial Guard.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 2. Sale of Land. › Sec. 38.05.068. Forest Service permittees' sales preference.

(a) Before offering to the public any land which is subject to a valid existing United States Forest Service permit in effect on the day before that land is tentatively approved for patent to the state, or which is subject to a lease issued under AS 38.05.087, the director shall offer the land for sale to the permittee or a successor in title, if the permittee or a successor in title of the permittee can be found.
(b) When not in conflict with this section, the provisions of AS 38.05.045 - 38.05.069 apply to sales under this section.
(c) If the permit described in (a) of this section is for a recreational cabin, recreational residence, nonrecreational residence, or a residence of a community nature and the land is used for noncommercial residential or recreational purposes, the purchase price offered to a permittee or the successor of a permittee shall be an amount determined by the commissioner which is equal to the state money required to be spent in order to sell the land plus the cost of survey or resurvey, if the survey or resurvey is made by the department or a contractor of the department.
(d) If the permit described in (a) of this section is for a use other than a use listed in (c) of this section, the purchase price offered to a permittee or the successor of a permittee shall be not less than the appraised fair market value of the land.
2023 Alaska Statutes › Title 38. Public Land › Chapter 05. Alaska Land Act › Article 2. Sale of Land. › Sec. 38.05.069. Preference to persons for agricultural purposes.

(a) After consulting with the Board of Agriculture and Conservation (AS 03.09.010), on a determination that the highest and best use of unoccupied land is for agricultural purposes and that it is in the best interests of the state to sell or lease the land, the commissioner shall grant to an Alaska resident owning and using or leasing and using land for agricultural purposes a first option to purchase or lease the unoccupied land situated adjacent to land presently held by the Alaska resident for the amount of the high bid received at public auction or by sealed bid. If more than one Alaska resident qualifies for a first option under this section, eligibility for the first option shall be determined by lot, and the option must be exercised on the conclusion of the public auction or opening of sealed bids. A parcel of agricultural land sold under this section may not be less than 20 acres, and a parcel of agricultural land that is acquired by exercise of the option granted in this subsection may not exceed 320 acres. Agricultural land that is acquired under this section must be used for agricultural purposes as required by law.
(b) [Repealed, § 88 ch 152 SLA 1984.]
(c) Under this section,
(1) the director may transfer state land classified for agriculture only for agricultural purposes;
(2) the sale or lease shall be at public auction or by sealed bid.
(d) When not in conflict with this section, the provisions of AS 38.05.045 - 38.05.105 apply to disposals under this section.
(e) Nothing in (c) of this section affects the disposal of minerals under AS 38.05.135 - 38.05.183.
(f) In this section,
(1) “adjacent” means that a tract of land has one common boundary point with presently held land or is separated from the presently held land only by a physical barrier such as a road or stream;
(2) “agricultural purposes” includes farming, ranching, grazing, and storage or control of agricultural crops or livestock.