Alaska Stat. § 38.05.020

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 38.05.020 - Authority and duties of the commissioner
(a) The commissioner shall supervise the administration of the division of lands.
(b) The commissioner may
(1) establish reasonable procedures and adopt reasonable regulations necessary to carry out this chapter and, whenever necessary, issue directives or orders to the director to carry out specific functions and duties; regulations adopted by the commissioner shall be adopted under AS 44.62 (Administrative Procedure Act); orders by the commissioner classifying land, issued after January 3, 1959, are not required to be adopted under AS 44.62 (Administrative Procedure Act);
(2) enter into agreements considered necessary to carry out the purposes of this chapter, including agreements with federal and state agencies;
(3) review any order or action of the director;
(4) exercise the powers and do the acts necessary to carry out the provisions and objectives of this chapter;
(5) notwithstanding the provisions of any other section of this chapter, grant an extension of the time within which payments due on any exploration license, lease, or sale of state land, minerals, or materials may be made, including payment of rental and royalties, on a finding that compliance with the requirements is or was prevented by reason of war, riots, or acts of God;
(6) classify tracts for agricultural uses;
(7) after consulting with the Board of Agriculture and Conservation (AS 03.09.010), waive, postpone, or otherwise modify the development requirements of a contract for the sale of agricultural land if
(A) the land is inaccessible by road; or
(B) transportation, marketing, and development costs render the required development uneconomic;
(8) reconvey or relinquish land or an interest in land to the federal government if
(A) the land is described in an amended application for an allotment under 43 U.S.C. 1617; and
(B) the reconveyance or relinquishment is
(i) for the purposes provided in 43 U.S.C. 1617; and
(ii) in the best interests of the state;
(9) lead and coordinate all matters relating to the state's review and authorization of resource development projects;
(10) enter into commercial agreements with a duration of not more than two years for project services related to a North Slope natural gas project;
(11) in consultation with the commissioner of revenue, participate in the negotiation of agreements that include balancing, marketing, disposition of natural gas, and offtake and contracts and development of terms for inclusion in those proposed agreements and contracts associated with a North Slope natural gas project; an agreement or contract negotiated under this paragraph to which the state is a party is not effective unless the legislature authorizes the governor to execute the agreement or contract;
(12) enter into confidentiality agreements to maintain the confidentiality of information related to contract negotiations and contract implementation associated with a North Slope natural gas project; information under those confidentiality agreements is not subject to AS 40.25.100 - 40.25.295 (Alaska Public Records Act), except that
(A) the terms of a proposed contract that the commissioner presents to the legislature for the purpose of obtaining authorization for the governor to execute are not confidential and must be made available to the public at least 90 days before the proposed effective date for the terms; and
(B) the commissioner may share confidential information obtained under this paragraph with members of the legislature, their agents, and contractors on request under confidentiality agreements, either in committees held in executive session or individually;
(13) consult with the Alaska Gasline Development Corporation in the development of agreements or contracts under (10) or (11) of this subsection for project services related to a gas treatment plant, pipeline, liquefaction facility, marine terminal, or marine transportation services necessary to transport natural gas to market;
(14) in consultation with the commissioner of revenue, take custody of gas delivered to the state under AS 43.55.014(b) and manage the project services and disposition and sale of that gas;
(15) exercise the powers and do the acts necessary to carry out the provisions and objectives of AS 43.90 that relate to this chapter.

AS 38.05.020

Amended by SLA 2014, ch. 14,sec. 25, eff. 1/1/2015.
Amended by SLA 2014, ch. 14,sec. 24, eff. 5/8/2014.