(a) Except as otherwise provided, valuable mineral deposits in land belonging to the state shall be open to exploration, development, and the extraction of minerals. All land, together with tide, submerged, or shoreland, to which the state holds title to or to which the state may become entitled, may be obtained by permit or lease for the purpose of exploration, development, and the extraction of minerals. Except as specifically limited by Alaska Stat. § 38.05.131 – 38.05.181, land may be withheld from lease application on a first-come, first-served basis, and offered only on a competitive bid basis when determined by the commissioner to be in the best interests of the state.
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Terms Used In Alaska Statutes 38.05.135

  • commissioner: means the commissioner of natural resources. See Alaska Statutes 38.05.965
  • land: means all land, including shoreland, tideland , and submerged land, or resources belonging to or acquired by the state. See Alaska Statutes 38.05.965
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • mineral land: means land prospectively valuable for mineral deposits. See Alaska Statutes 38.05.965
  • shoreland: means land belonging to the state which is covered by nontidal water that is navigable under the laws of the United States up to ordinary high water mark as modified by accretion, erosion, or reliction. See Alaska Statutes 38.05.965
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) When mineral land is to be leased, in addition to any other notice given, notice must also be given as provided in Alaska Stat. § 38.05.945.
(c) Payment of a royalty or a net profit share payment to the state under a lease issued under Alaska Stat. § 38.05.135 – 38.05.181 becomes due on the date and in the manner specified in the lease or in a regulation adopted by the commissioner.
(d) If a royalty or net profit share payment to which the state is entitled under Alaska Stat. § 38.05.135 – 38.05.181 is not paid or is underpaid when it becomes due under (c) of this section, the unpaid amount of the royalty or net profit share payment bears interest in a calendar quarter at the rate of five percentage points above the annual rate charged member banks for advances by the 12th Federal Reserve District as of the first day of that calendar quarter, or at the annual rate of 11 percent, whichever is greater, compounded quarterly as of the last day of that quarter.
(e) If a royalty or net profit share payment to which the state is entitled under Alaska Stat. § 38.05.135 – 38.05.181 is overpaid, interest at the rate and compounded in the manner provided in (d) of this section shall be allowed and paid on the overpayment. The interest allowance is subject to the following:

(1) if the state grants a credit against future payments for the overpayment, the state shall pay interest on the overpayment

(A) from the date that is the later of the date the overpayment was

(i) due; or
(ii) received;
(B) to the date that is the earlier of the date

(i) of notice to the lessee of the credit; or
(ii) on which the lessee actually takes the credit;
(2) if the state refunds the overpayment, the state shall pay interest on the overpayment

(A) from the date that is the later of the date the overpayment was

(i) due; or
(ii) received;
(B) to the date the state issues the refund.
(f) The issuance by the state and acceptance by a lessee of a credit or refund of an overpayment under (e) of this section does not affect any right of the state or lessee to claim an adjustment and interest on the overpayment.
(g)[Repealed, Sec. 1 ch 37 SLA 2001].
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