reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.410 - Rental

Current through May 31, 2024
(a) Annual rentals in amounts up to and
				  including $500 must be paid on an annual basis. Annual rentals in amounts above
				  $500 must be paid either annually or in quarterly installments, at the
				  discretion of the lessee. All rentals must be paid in advance.
(b) Minimum lease rental will be determined
				  in accordance with
				  AS
				  38.05.840, except that the department will
				  charge no less than $500 in minimum annual rent or compensation for a lease
				  that authorizes private recreational or residential use, or authorizes grazing
				  at a stocking rate of fewer than 50 animal units, and no less than $1,000 in
				  minimum annual rent or compensation for a lease that authorizes any other use.
				  A full appraisal will not be done if, based on a preliminary appraisal by a
				  department employee who is qualified to determine the value of land under
				  AS
				  38.05.840, the department finds that the
				  minimum annual rent required by this subsection exceeds the amount likely to be
				  determined by a full appraisal. This subsection applies only to issuance or
				  renewal after December 31, 2002 of a lease under
				  AS
				  38.05.070-38.05.080 or
				  AS
				  38.05.095, a lease under
				  AS
				  38.05.810 except as provided in this
				  subsection, or a millsite lease under
				  AS
				  38.05.255. This subsection does not apply to
				  a shore fishery lease under
				  AS
				  38.05.082, an aquatic farmsite lease under
				  AS
				  38.05.083, or a public and charitable use
				  lease under
				  AS
				  38.05.810 for less than the appraised
				  value.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.070
AS 38.05.073
AS 38.05.075
AS 38.05.255
AS 38.05.810
AS
						38.05.840
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.510 - Lease utilization

Current through May 31, 2024
Leases must be utilized for purposes within the scope of
					 lease and land classification. Utilization or development for other than the
					 allowed uses is a violation of the lease. A development plan may be required on
					 all leases. Failure to make substantial use of the land, consistent with the
					 development plan, within five years, will, in the director's discretion,
					 constitute grounds for cancellation.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.550 - Modification

Current through May 31, 2024
A lease may not be modified orally or in any manner other
					 than by an agreement in writing signed by all parties thereto or their
					 respective successors in interest.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.560 - Cancellation; forfeiture

Current through May 31, 2024
(a) Leases in good
				  standing may be cancelled in whole or in part, at any time, upon mutual written
				  agreement by the lessee and the director.
(b) A lease is subject to cancellation in
				  whole or in part if improperly issued through misrepresentation or error with
				  respect to material facts.
(c) A
				  lease may be cancelled if used for any unlawful purpose.
(d) The director will, in the director's
				  discretion, cancel a lease, if the lessee defaults and the director determines
				  the action is necessary to protect and enforce the state's contractual or other
				  property rights. No improvements may be removed during any time the lessee is
				  in default.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.075
AS
						38.05.103
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.570 - Notice of default

Current through May 31, 2024
Notice of default will be issued in writing as provided in
					 11 AAC 58.580. A copy of the
					 notice will be sent to a holder of a security assignment approved under
					 AS
					 38.05.095 and
					 AS
					 38.05.920. For a lease issued under
					 AS
					 38.05.070-38.05.105 on or after June 23,
					 1977, the lessee or the holder of a security assignment may remedy the default
					 in accordance with
					 AS
					 38.05.103, and within the time period
					 established under that section, even if the lease provides for a shorter
					 period.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.075
AS 38.05.095
AS 38.05.103
AS
						38.05.920
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.580 - Notice or demand

Current through May 31, 2024
Any notice or demand, which under the terms of a lease or
					 under any statute must be given or made by the parties thereto, shall be in
					 writing, and be given or made by registered or certified mail, addressed to the
					 other party at the address of record. However, either party may designate in
					 writing such new or other address to which such notice or demand shall
					 thereafter be so given, made or mailed. A notice given hereunder shall be
					 deemed delivered when deposited in a U.S. general or branch post office
					 enclosed in a registered or certified mail prepaid wrapper or envelope
					 addressed as hereinabove provided.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.590 - Rights of security assignee

Current through May 31, 2024
If a lease is forfeited or cancelled for cause, the holder
					 of a security assignment approved under
					 AS
					 38.05.095 and
					 AS
					 38.05.920 may acquire the lease for its
					 unexpired term, subject to the lease's existing terms and
					 conditions.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.075
AS 38.05.095
AS
						38.05.920
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.600 - Entry and re-entry

Current through May 31, 2024
In the event that the lease should be terminated as
					 hereinbefore provided, or by summary proceedings or otherwise, or in the event
					 that the demised lands, or any part thereof, should be abandoned by the lessee
					 during the said term, the lessor or its agents, servants, or representative,
					 may immediately or any time thereafter, re-enter and resume possession of said
					 lands or such part thereof, and remove all persons and property therefrom
					 either by summary proceedings or by a suitable action or proceeding at law
					 without being liable for any damages therefor. No re-entry by the lessor shall
					 be deemed an acceptance of a surrender of the lease.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.610 - Re-lease

Current through May 31, 2024
In the event that a lease should be terminated as herein
					 provided, or by summary proceedings, or otherwise, the division may offer said
					 lands for lease or other appropriate disposal pursuant to the provisions of
					 this chapter or other applicable regulations.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.620 - Forfeiture of rental

Current through May 31, 2024
In the event that the lease should be terminated because of
					 any breach by the lessee, as herein provided, the annual rental payment last
					 made by the lessee shall be forfeited and retained by the lessor as partial or
					 total liquidated damages for said breach.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.630 - Written waiver

Current through May 31, 2024
The receipt of rent by the lessor with knowledge of any
					 breach of the lease by the lessee or of any default on the part of the lessee
					 in observance or performance of any of the conditions or covenants of the
					 lease, shall not be deemed to be a waiver of any provision of the lease. No
					 failure on the part of the lessor to enforce any covenant or provision therein
					 contained, nor any waiver of any right thereunder by the lessor unless in
					 writing, shall discharge or invalidate such covenants or provisions or affect
					 the right of the lessor to enforce the same in the event of any subsequent
					 breach or default. The receipt, by the lessor, of any rent or any other sum of
					 money after the termination, in any manner, of the term therein demised, or
					 after the giving by the lessor of any notice thereunder to effect such
					 termination, shall not reinstate, continue, or extend the resultant term
					 therein demised, or destroy, or in any manner impair the efficacy of any such
					 notice of termination as may have been given thereunder by the lessor to the
					 lessee prior to the receipt of any such sum of money or other consideration,
					 unless so agreed to in writing and signed by the lessor.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.640 - Expiration of lease

Current through May 31, 2024
Unless the lease is renewed or sooner terminated as
					 provided herein, the lessee shall peaceably and quietly leave, surrender and
					 yield up unto the lessor all of the leased land on the last day of the term of
					 the lease.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.680 - Rental for improvements or chattels not removed

Current through May 31, 2024
Any improvements or chattels belonging to the lessee or
					 placed on the lease during the lessee's tenure with or without his permission
					 and remaining upon the premises after the termination date of the lease shall
					 entitle the lessor to charge a reasonable rent therefor.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.690 - Sanitation

Current through May 31, 2024
The lessee shall comply with all regulations or ordinances
					 which a proper public authority in its discretion shall promulgate for the
					 promotion of sanitation. The premises of the lease shall be kept in a neat,
					 clean and sanitary condition and every effort shall be made to prevent the
					 pollution of waters.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.700 - Building and zoning codes

Current through May 31, 2024
Leased lands that lie within the jurisdiction of an
					 authorized building or zoning authority shall be utilized in accordance with
					 the rules and regulations of said authority. Failure to do so shall constitute
					 a violation of the lease.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.710 - Fire and forest protection

Current through May 31, 2024
The lessee will take all reasonable precaution to prevent,
					 and take all necessary action to suppress destructive or uncontrolled grass,
					 brush and forest fires on leased lands and comply with all laws, regulations
					 and rules promulgated and enforced by the protection agency responsible for
					 forest protection within the area wherein the leased premises are
					 located.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.720 - Inspection

Current through May 31, 2024
The lessee shall allow authorized representatives of the
					 division to enter the leased land for inspection at any reasonable
					 time.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.730 - Use of materials

Current through May 31, 2024
All coal, oil, gas and other minerals, all deposits of
					 stone or gravel valuable for extraction or utilization, and all material
					 subject to 11 AAC 71 are excepted from the operation of a lease of the land
					 estate. Specifically, the lessee of the land estate may not sell or remove for
					 use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other
					 material without specific authorization in the lease or a separate written
					 authorization. However, material required for the development of the leasehold
					 may be used on the leasehold, as authorized by the approved lease development
					 plan.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.740 - Rights-of-way

Current through May 31, 2024
The lessor expressly reserves the right to grant easements
					 or rights-of-way across leased land if it is determined in the best interest of
					 Alaska to do so. The lessee whose lands such easements or rights-of-way shall
					 cross shall be entitled to damages for all improvements or crops destroyed or
					 damaged. Damages shall be limited to improvements and crops only and loss shall
					 be determined by fair market value.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.800 - Hunting and fishing

Current through May 31, 2024
The lawful pursuit or the hunting of game, the taking of
					 fish and trapping, if sanctioned by a proper permit from the Alaska Department
					 of Fish and Game, or the picking of berries shall not be denied on lands leased
					 for agricultural or grazing purposes; provided, however, the director, may,
					 upon request, grant permission, in writing, that all or a portion of the leased
					 premises may be posted to prevent hunting and/or fishing and/or berry picking
					 when it appears necessary in order to properly protect the lessee and his
					 property.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.825 - Youth encampment exemption

Current through May 31, 2024
(a) An exemption
				  from lease payments will be granted by the director for an eligible lessee,
				  upon written request to the director by the lessee.
(b) A complete exemption from lease payments
				  may be granted only if the lessee signs a sworn statement that the land is
				  reasonably necessary for and is used for a youth encampment as defined in
				  11 AAC 58.910(31). In the event the
				  leasehold is used for another purpose, the lessee shall pay the amount that
				  would have been due had the exemption not been granted.
(c) In determining a lessee's qualification
				  for exemption, the director will, in his discretion, liberally interpret the
				  applicable statutes and regulations.
As of Register 199 (October 2011), the regulations
						attorney made a technical revision under
						AS
						44.62.125(b)(6), to
						11 AAC 58.825(b).
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.097
AS
						38.05.810
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 3 - General Provisions › 11 AAC 58.830 - Lease of land to another state agency

Current through May 31, 2024
(a) When the
				  commissioner determines that it is in the best interests of the state, a lease
				  under AS
				  38.05.810 may be granted to the Department of
				  Transportation and Public Facilities, the Department of Administration, or
				  another state agency authorized to acquire facilities or space for the use of
				  the state. Under this section, that agency may sublease the land to a developer
				  for the construction of a facility if a substantial portion of the space in the
				  facility will be leased back to the state for official use.
(b) The terms and conditions of the sublease
				  may be determined by the sublessor state agency with the approval of the
				  commissioner of natural resources.
(c) The sublease must be offered in
				  accordance with the competitive bidding or negotiation procedures governing the
				  sublessor agency's acquisition of facilities or space.
Authority:
AS
						38.05.020
AS
						38.05.810(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 58 - Leasing of Lands › Article 4 - Short Title and Definitions › 11 AAC 58.900 - Short title

Current through May 31, 2024
This chapter pertains to the leasing of lands of the State
					 of Alaska and to the jurisdiction of the Division of Lands, Department of
					 Natural Resources and related matters. The intent of this chapter is to insure
					 the equitable leasing of Alaska land in a manner that will encourage
					 development for its highest and best use. This chapter may be referred to as
					 the "Surface Leasing Regulations."
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.010 - Lands available for leasing

Current through May 31, 2024
(a) Grazing leases
				may be issued on all lands except those which have been classified as "open to
				entry" pursuant to AS 38.05.077, and those lands classified as "public
				recreation lands" "reserved use" lands under ch. 52 of this title.
(b) Lands classified under ch. 52 of this
				title as "residential lands," "private recreation lands," "agricultural lands,"
				"commercial lands," "industrial lands" or "utility lands" shall be available
				for short term leasing only, as provided for in sec. 40(a) of this
				chapter.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.020 - Application fee

Current through May 31, 2024
An applicant for a grazing lease must apply to the division
				  on a form provided by the department. The application fee prescribed by 11 AAC 05.230 must accompany each application.
Authority:
AS
					 38.05.020
AS 38.05.035
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.030 - Reclassification

Current through May 31, 2024
(a) The state specifically reserves the right
				to reclassify all or a portion of the leased area to other uses in accordance
				with 11 AAC 52.190.
(b)
				Reclassification of a portion of a leased area shall, whenever possible, be
				carried out in a manner which will minimize interference with the grazing use
				of the remaining lease area.
(c)
				The lessee shall be given written notice by certified mail, at least 90 days
				prior to any reclassification.
(d)
				The director shall adjust the lease rental to reflect changes in the leased
				area occasioned by any such reclassification.
Authority:
AS
					 38.05.020
AS 38.05.070
AS
					 38.05.300
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.040 - Term of lease

Current through May 31, 2024
(a) Leases on land subject only to short term
				leasing under sec. 10(b) of this chapter shall not exceed a term of five
				years.
(b) All other leases shall
				be for any period as determined by the director to be in the best interest of
				the state, provided the term of the initial lease and any renewal thereof
				pursuant to
				AS
				38.05.100 does not exceed a total of 55
				years.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.050 - Lease rates

Current through May 31, 2024
The value of the leased lands for purposes of auction minimum
				  valuations, periodic reappraisals, and lease renewals, shall be determined on
				  the basis of the value of the lands for grazing purposes. The grazing lease
				  rates shall give due consideration to estimated carrying capacity for winter
				  and summer use, the use of lands for the growing of forage to be consumed on
				  the grazing lease, and other pertinent economic factors. The minimum leasing
				  rate shall be $0.03 per acre per annum.
Authority:
AS
					 38.05.020
AS 38.05.070
AS
					 38.05.310
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.060 - Lease utilization

Current through May 31, 2024
Grazing leases shall be utilized only for purposes within the
				  scope of the lease provisions, and the land classification. Utilization or
				  development of the leased land for other than the allowed uses shall be grounds
				  for cancellation of the lease. Failure to make substantial use of all or any
				  part of the land, consistent with accepted range practices shall constitute
				  grounds for cancellation.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.070 - Identification of livestock

Current through May 31, 2024
All livestock permitted on a state grazing lease shall be
				  properly identified and such identification registered in accordance with
				  AS
				  03.40.010-03.40.270. In addition, the
				  director may require that the livestock be tagged, dyed or otherwise marked as
				  a control on numbers permitted on a lease in accordance with the annual
				  operating plan.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.080 - Non-use

Current through May 31, 2024
(a) To maintain the land at its highest
				productive capacity, the director may, at any time during the life of the
				lease, when he deems it necessary, declare all or any part of the lease to be
				in non-use. The period of non-use may be for any specified length of time up to
				the expiration of the lease itself.
(b) The lessee shall be given written notice
				of a declaration of non-use, and the director shall adjust the lease rental to
				reflect any reduction in the leased area resulting from such
				declaration.
(c) The lessee may at
				any time during the life of the lease take non-use on any or all of the grazing
				lease to adjust or improve operations under the lease. He cannot take non-use,
				however, merely to hold a grazing lease.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.090 - Sub-leases

Current through May 31, 2024
(a) Under no circumstances shall a lessee be
				permitted to sub-lease a grazing lease.
(b) Grazing lessees may, with the prior
				written approval of the director, pasture livestock owned by others on a
				temporary basis.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.100 - Range improvements

Current through May 31, 2024
(a) Lessee shall not make range improvements
				without first obtaining the written approval of the director.
(b) Applications to construct range
				improvements shall indicate the location of the proposed improvements, the
				necessity for such improvements, the estimated cost thereof, and that the
				improvements, as proposed, will not impair the value of the land or interfere
				with other reasonable uses thereof.
(c) All range improvements are subject to the
				provisions of
				AS
				38.05.090.
Authority:
AS
					 38.05.020
AS 38.05.070
AS
					 38.05.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.110 - Other improvements

Current through May 31, 2024
(a) Grazing lessees desiring to construct
				other improvements of a permanent nature, such as housing, barns, sheds,
				slaughterhouses, silos and grain or hay storage buildings, etc., within the
				grazing lease area, must apply for either the sale or lease of the lands under
				chs. 54, 57, or 58 of this title.
(b) If the proposed lease or sale is
				considered to be in the best interest of the state, the lands involved will be
				excluded from the grazing lease and may be leased or sold in accordance with
				existing lease or sale procedures. In no event may the lands sold or leased
				exceed 40 acres, except that this limitation does not apply for a sale of an
				agricultural interest under ch. 57 of this title.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.120 - Water rights

Current through May 31, 2024
Any waters required for the full use and enjoyment of a
				  grazing lease may be appropriated and reserved for the lessee's use by the
				  director upon request of the lessee. Any such appropriation shall be in the
				  name of the state and inure to the grazing lease lands, and be consistent with
				  the provisions of the Water Use Act. The lessee shall be required to furnish
				  such information as is necessary and requested by the director in order to
				  effect an appropriation.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.130 - Recreational and other compatible uses

Current through May 31, 2024
(a) The lessee
				shall not interfere with the right of the public to enter the land for lawful
				pursuit of game animals, the taking of fish, the trapping of fur animals, or
				for temporary camping or other compatible uses.
(b) In order to protect the lessee's
				interest, the director may, if he deems necessary, grant written permission to
				post certain key areas.
(c) Lessee
				shall not prohibit or otherwise interfere with reasonable access to the leased
				area for other uses.
Authority:
AS
					 38.05.020
AS 38.05.070
AS
					 38.05.285
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.140 - Stock driveways

Current through May 31, 2024
(a) In the event that an individual with
				livestock must cross the grazing lease of another, the livestock must be kept
				within the bounds of the stock driveway. The stock driveway will be adequately
				marked on both exterior boundaries.
(b) Prior to the movement of livestock, the
				lessee must apply to the director for a crossing permit, stating the dates of
				movement and the numbers being moved.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.150 - Conversion privileges

Current through May 31, 2024
(a) A lessee holding a grazing lease which
				has been issued pursuant to
				11 AAC 58.030 or
				11 AAC 58.040 may at any time
				convert the lease to a grazing lease subject to the provisions of this
				chapter.
(b) The term of the lease
				issued under such a conversion shall be identical to the term remaining on the
				original lease.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.160 - General provisions

Current through May 31, 2024
State grazing leases shall be issued subject to the general
				  provisions contained in ch. 58 of this title, and, in addition, subject to the
				  particular terms and conditions specified in ch. 60 of this
				  title.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.170 - Purpose - short title

Current through May 31, 2024
The purpose of ch. 60 of this title is to ensure leasing of
				  state range lands in a manner that will encourage development of the land
				  consistent with its highest and best use. This chapter of this title may be
				  referred to as the "GRAZING LEASE REGULATIONS."
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 60 - Grazing Leases › 11 AAC 60.180 - Definitions

Current through May 31, 2024
In this chapter
(1)
				"crossing permit" means a permit, issued by the director, authorizing the use
				of a stock driveway to move livestock on or off the range;
(2) "grazing lands" means those lands which
				in their natural state have the physical and climatic features that make them
				primarily useful for the pasturing of domestic livestock;
(3) "preference right grazing lease" means a
				grazing lease granted to a lessee whose federal grazing lease was cancelled to
				allow the land under lease to be selected by the state;
(4) "land" means all lands under the
				jurisdiction of the division;
(5)
				"non-use" means the discontinuance of use of all or part of a leased area in
				order to enable the resource to return to its normal productivity;
(6) "range improvement" means any improvement
				necessary for use of the lease for grazing of livestock, such as fences,
				corrals, loading and branding chutes, clearing and cultivation of lands for
				forage crops and survey of lands;
(7) "stock driveway" means a route,
				designated by the director, and marked along its exterior boundary, over which
				livestock are permitted to move across grazing lease areas.
Authority:
AS
					 38.05.020
AS
					 38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.010 - Short title

Current through May 31, 2024
All tide and contiguous submerged lands within the boundaries
				  of the State of Alaska, except those provided for hereafter, from the mean high
				  water line and seaward three geographical miles from the mean low water line,
				  or further as may in the future be determined, are vested in the State of
				  Alaska. These regulations pertain to the use and disposal of state owned tide
				  and contiguous submerged lands. The regulations may be referred to as the
				  Tideland Regulations.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.020 - Ownership

Current through May 31, 2024
Except as otherwise provided herein, the State of Alaska, by
				  virtue of the Submerged Lands Act of 1953,
				  43 U.S.C.
				  1301 (67 Stat. 29), Public Law 85-303 (71
				  Stat. 623) and Public Law 85-508 (72 Stat. 339), reserves and has succeeded to
				  all right, title, and interest of the United States, including lands,
				  improvements, reclaimed lands, or title to lands and natural resources it had
				  to all lands permanently or periodically covered by tidal waters up to the line
				  of mean high tide and seaward to a line three geographical miles distant from
				  the coast line or further as may be allowed; provided, however, that those
				  lands and rights therein lawfully vested in others by Acts of Congress prior to
				  January 3, 1959 shall not be infringed upon.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.150 - Site examination

Current through May 31, 2024
The director or his representative shall have the right to
				  enter upon any state held tidelands that are leased or upon which a permit was
				  granted to make any and all examinations or investigations that are deemed
				  necessary.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.160 - Loss of preference rights; outside municipality

Current through May 31, 2024
An occupant not seaward of a municipal corporation claiming a
				  Class I, Class II, or Class III preference right shall lose same unless said
				  occupant makes application to the director to exercise such preference right
				  within two years from the effective date of these regulations, excepting,
				  however, an occupant of tide or submerged land seaward of a municipal
				  corporation, or any lands which the director may convey to a municipal
				  corporation under these regulations shall not be deprived of his preference
				  right should the municipality fail or refuse to exercise its right to a
				  conveyance within the time prescribed by these regulations, but such preference
				  right shall be extended to said occupant for a period of two years subsequent
				  to the last day said municipality may exercise its preference
				  right.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.180 - Unoccupied and unappropriated state owned tide and contiguous submerged lands

Current through May 31, 2024
When not limited by general law, the non-exclusive use of
				  unoccupied and unappropriated state owned tide and submerged lands shall not be
				  denied any citizen of the United States or resident of
				  Alaska.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.210 - Appeal

Current through May 31, 2024
An eligible person affected by a decision issued under this
				  chapter may appeal that decision in accordance with 11 AAC
				  02.
Authority:
AS
					 38.05.020
AS 38.05.820
AS
					 44.37.011
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.240 - Completion of purchase requirements

Current through May 31, 2024
Following the appeal period and the commissioner's approval
				  and ruling, as the case may be, the director shall notify the applicant that
				  the division is prepared to issue an appropriate contract. Upon receipt of the
				  notice, the applicant shall be granted 30 calendar days in which to remit to
				  the division any sums that may be due and shall also complete all necessary
				  documents. Failure to do so shall result in the forfeiture of any and all
				  rights previously acquired under the proposed sale, grant, or lease, and in
				  addition, moneys paid to or deposited with the division shall be forfeited
				  pursuant to sec. 140.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.250 - Jurisdiction

Current through May 31, 2024
This part shall govern all surveys on tidelands, submerged
				  lands, or shore lands within the State of Alaska, which outline an area to be
				  transferred to the occupant by the state.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.350 - Proof of qualifications

Current through May 31, 2024
Each municipal corporation submitting an application for
				  conveyance of lands seaward of their corporate boundaries shall submit to the
				  director an affidavit stating the date of incorporation, or a certified copy of
				  the charter.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.420 - Final plat of survey for municipal corporations

Current through May 31, 2024
Upon the director's approval and acceptance of the
				  requirements set out in this section, the municipal corporation, at its own
				  expense, shall furnish a final survey plat as specified in AS
				  38.05.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.440 - Applications; Class I preference right

Current through May 31, 2024
Tidelands application Form DL-84 shall be completed as
				  required by sec. 200 of this chapter and accompanied with the necessary data
				  required by sec. 270 of this chapter. The director shall, within 60 days after
				  receipt of the application, issue his tentative approval or disapproval as to
				  the content and form of said application and, if disapproved, shall state his
				  reasons therefor.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.450 - Proof of qualifications

Current through May 31, 2024
Persons claiming a Class I preference right to tide and
				  contiguous submerged lands not seaward of a municipal corporation or surveyed
				  townsite shall submit an affidavit of occupancy on Form DL-85, and such
				  additional proof as deemed necessary by the director. The affidavit shall be
				  submitted to the director with the application.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.480 - Final plat of survey for nonmunicipal applicants

Current through May 31, 2024
Upon the director's approval of the application, the
				  applicant shall, at the applicant's own cost, furnish a final plat of survey to
				  the division.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.490 - Site examinations

Current through May 31, 2024
The director or his representative shall be allowed to enter
				  upon and conduct any examination or survey of tidelands pursuant to sec. 150 of
				  this chapter.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.520 - Conveyance of title

Current through May 31, 2024
Upon fulfillment of all the necessary requirements herein,
				  the director shall cause title to be conveyed.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.540 - Waiver

Current through May 31, 2024
The waiver shall be executed on Form DL-86 obtained from the
				  director and when properly completed shall be returned, together with the
				  application, to the director.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.570 - Loss of preference right

Current through May 31, 2024
Should the holder of a Class II preference right fail to
				  obtain a Class I preference right by completing the waiver on Form DL-86 within
				  two years from the effective date of these regulations, his right to procure a
				  Class I preference right shall be lost.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.590 - Application; Class III preference right

Current through May 31, 2024
Tidelands application Form DL-87 for purchase of such lands
				  shall be completed pursuant to sec. 200 of this chapter and returned to the
				  director with the necessary data prescribed by sec. 270 of this chapter. The
				  director shall, within 60 calendar days after receipt of application, issue his
				  tentative approval or disapproval as to the contents and form of said
				  application and, if disapproved, shall state his reasons
				  therefor.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.600 - Proof of qualifications

Current through May 31, 2024
Persons claiming a Class III preference right to tidelands
				  not seaward of a municipal corporation shall submit an affidavit of occupancy
				  on Form DL-85 and such additional proof as deemed necessary by the director.
				  The affidavit shall be submitted to the director with the above
				  application.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.630 - Site examinations

Current through May 31, 2024
The director or his representative shall be allowed to enter
				  upon and conduct any examination or survey of tidelands pursuant to sec. 150 of
				  this chapter.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.650 - Appraisal

Current through May 31, 2024
The director or his representative shall appraise or have
				  appraised all tidelands that may be sold. The appraisal shall be the fair
				  market value thereof, exclusive of any value occurring from improvements or
				  development, such as fill material, buildings or structures thereon, by such
				  occupant or his successor in interest or reflecting equities of the
				  occupant.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.680 - Payment and conveyance of title

Current through May 31, 2024
(a) The applicant
				has the option of buying the land outright for the total amount of the
				appraised value in order to immediately receive title, or entering into a land
				sale contract in order to purchase the land over an extended period.
(b) If the purchaser elects to buy the land
				outright, payment shall be by cash and/or certified and/or cashiers check
				and/or money order, and all checks shall be payable to the State of Alaska,
				Department of Revenue, and the director or his representative shall immediately
				issue a receipt containing a description of the tidelands purchased, the price,
				and terms of sale, which receipt shall be acknowledged in writing by the
				purchaser.
(c) A person purchasing
				land under a land sale contract shall pay the principal sum remaining after the
				minimum down payment in annual installments as specified in the contract.
				Interest must be charged on all land sale contracts on unpaid balances in
				accordance with
				AS
				38.05.065.
(d) The director, with the consent of the
				commissioner, may also impose such conditions, limitations, and terms as he
				deems necessary and proper to protect the interest of the state. Violations of
				any provisions of this Act or the terms of the contract of sale shall subject
				the purchaser to appropriate legal action, including but not limited to,
				cancellation of the contract in accordance with applicable Alaska
				Law.
(e) When the terms of the
				contract are fulfilled, the director shall issue the appropriate title
				documents.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.690 - Non-preference right tidelands

Current through May 31, 2024
When in the best interest of the state, the director may
				  grant leases or permits for the use of state owned tidelands.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 62 - Tide and Submerged Lands › 11 AAC 62.700 - Leasing

Current through May 31, 2024
State owned tide and submerged lands shall be leased pursuant
				  to ch. 58 of this title. In addition to the requirements set forth in ch. 58 of
				  this title, the applicant shall submit a development plan that shall
				  state
(1) the purpose of the proposed
				construction or improvement;
(2)
				the type of construction; and
(3)
				the date construction will begin and estimated date of completion.
Authority:
AS
					 38.05.020
AS
					 38.05.820
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.010 - Applicability

Current through May 31, 2024
(a) This chapter applies to aquatic farmsite
				leases issued under
				AS
				38.05.083 for the development and operation
				of an aquatic farm or related hatchery, as the terms "aquatic farm" and
				"hatchery" are defined in
				AS
				16.40.199. An aquatic farmsite lease will, in
				the commissioner's discretion, be issued for tideland, submerged land, and
				shoreland managed by the department under AS 38, but will not include land
				within a state park or other land that has been withdrawn from the state public
				domain. The aquatic farmsite lease will, in the commissioner's discretion,
				authorize (1) associated storage and housing facilities, including facilities
				on adjacent upland managed by the department under AS 38, in accordance with
				11 AAC 63.040, and (2) incidental
				use of the lease site for temporary holding of commercially harvested wild
				stock acquired under AS 16.
(b)
				Repealed 6/14/98.
(c) A person who
				wants to acquire a property right to develop a site into an aquatic farm may
				apply for an aquatic farmsite lease in accordance with
				11 AAC 63.030. A lease applicant
				might be eligible for a preference right if the applicant has an aquatic
				farmsite permit under former AS 38.05.856 (11 AAC 63.090(a)) or is an upland owner or
				lessee (11 AAC 63.040(f)). A preference right is not an entitlement to receive the lease, but it
				protects the applicant against some or all competition for it.
Authority:
AS
					 38.05.020
AS
					 38.05.083