- Alaska Statutes.
- Title 38. Public Land
- Chapter 5. Alaska Land Act
- Section 75. Leasing Procedures.
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AS 38.05.075. Leasing Procedures.
- (a) Except as provided in AS 38.05.035
, 38.05.070, 38.05.073, 38.05.082, 38.05.083, 38.05.087, 38.05.102, 38.05.600, 38.05.810, and this section, leasing shall be made at
public auction to the highest qualified bidder as determined by the commissioner. In the public notice of a lease to be
offered at public auction, the commissioner shall specify a minimum acceptable bid and the lease compensation method.
The lease compensation method shall be designed to maximize the return on the lease to the state and shall be a form of
compensation set out in AS 38.05.073
(m). An aggrieved bidder may appeal to the commissioner within five days for a review of the determination. The leasing
shall be conducted by the commissioner and the successful bidder shall deposit at the auction the first year's rental
or other lease compensation as specified by the commissioner, or that portion of it that the commissioner requires in
accordance with the bid. The commissioner shall require, under AS 38.05.860
, qualified bidders to deposit a sum equal to any survey or appraisal costs reasonably incurred by another qualified
bidder acting in accordance with the regulations of the commissioner or incurred by the department under AS 38.04.045 and AS 38.05.840
. If a bidder making a deposit of survey or appraisal costs is determined by the commissioner to be the highest
qualified bidder under this subsection, the deposit shall be paid to the unsuccessful bidder who incurred those costs
or to the department if the department incurred the costs. All costs for survey and appraisal shall be approved in
advance in writing by the commissioner. The commissioner shall immediately issue a receipt containing a description of
the land or interest leased, the price bid, and the terms of the lease to the successful qualified bidder. If the
receipt is not accepted in writing by the bidder under this subsection, the commissioner may offer the land for lease
again under this subsection. A lease, on a form approved by the attorney general, shall be signed by the successful
bidder and by the commissioner within the period specified in the auction notice.
- (b) When a valid existing federal grazing lease is cancelled to allow state selection of the area under lease, the lessee
of the land has the preference right to lease the land without competitive bidding for a term equal to that originally
granted in the cancelled federal lease and upon terms as favorable to the lessee as those contained in the cancelled
- (c) The owner or lessee of land that fronts on shoreland, tideland, or submerged land of the state may be granted a
preference right to a lease for the shoreland, tideland, or submerged land without competitive bidding if the director
- (1) the lease of the shoreland, tideland, or submerged land is necessary to facilitate water transportation of goods,
services, or resources to or from the owned or leased upland or for another water-dependent purpose;
- (2) the proposed use of the shoreland, tideland, or submerged land is compatible with the classification of the land and
with any applicable land use plan adopted under AS 38.04.065
- (3) issuance of the lease to the shoreland, tideland, or submerged land will not interfere with prior existing rights to
the leased land.
- (d) If the commissioner issues a lease under (c) of this section, the right of access to the shoreland, tideland, or
submerged land shall be nonexclusive in the lessee unless the commissioner grants the lessee the exclusive right to use
the shoreland, tideland, or submerged land.
- (e) The commissioner may require prequalification of bidders for a lease to be issued under AS 38.05.070
. If the commissioner determines to require prequalification, the procedures established by this section and the
notice including pre-qualification requirements required to be given under AS 38.05.945
shall be completed within 75 days of the receipt of the first lease application unless the commissioner grants
additional time for the completion of the procedures. Within the 75-day period or the additional time granted by the
commissioner, the commissioner shall complete
- (1) classification under AS 38.05.300
- (2) the procedures required by AS 38.05.035
- (3) any other action required by law for the disposal of the lease to a bidder except survey, appraisal, and the auction.
- (f) If, after completion of the procedures required by (e) of this section, the commissioner determines that there is only
one qualified bidder, the commissioner may issue a lease without competitive bidding at the approved, appraised market
value of the land determined under AS 38.05.840 or by
another form of lease compensation specified by the commissioner from among those set out in AS 38.05.073
(m) and designed to maximize the return on the lease to the state. The commissioner may establish terms and conditions
for entry to the land pending survey and appraisal of the land. The commissioner shall issue the lease as soon as is
practicable following the survey and appraisal of the land subject to the provisions of AS 38.05.035
- (g) Notice of an auction required under this section shall be made by certified mail to all prequalified bidders.
- (h) A person aggrieved by a decision of the commissioner under this section may appeal to the commissioner within five
days of the prequalification decision. The decision of the commissioner under this subsection may be appealed to the
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