(a) This section establishes the requirements for notice given by the department for the following actions:
Terms Used In Alaska Statutes 38.05.945
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
director: means the director of the division of lands of the Department 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
municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
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
(1) classification or reclassification of stateland under Alaska Stat. § 38.05.300 and the closing of land to mineral leasing or entry under Alaska Stat. § 38.05.185;(2) zoning of land under applicable law;(3) issuance of a
(A) preliminary written finding under Alaska Stat. § 38.05.035(e)(5)(A) regarding the sale, lease, or disposal of an interest in state land or resources for oil and gas, or for gas only, subject to Alaska Stat. § 38.05.180(b);(B) written finding for the sale, lease, or disposal of an interest in state land or resources under Alaska Stat. § 38.05.035(e)(6), except a lease sale described in Alaska Stat. § 38.05.035(e)(6)(F) for which the director must provide opportunity for public comment under the provisions of that subparagraph;(4) a competitive disposal of an interest in state land or resources after final decision under Alaska Stat. § 38.05.035(e);(5) a preliminary finding under Alaska Stat. § 38.05.035(e) concerning sites for aquatic farms and related hatcheries;(6) a decision under Alaska Stat. § 38.05.132 – 38.05.134 regarding the sale, lease, or disposal of an interest in state land or resources;(7) an exchange of state land under Alaska Stat. Chapter 38.50.(b) When notice is required to be given under this section,
(1) the notice must contain sufficient information in commonly understood terms to inform the public of the nature of the action and the opportunity of the public to comment on it;(2) if the notice is of a preliminary written finding described in (a)(3)(A) of this section, the department shall give notice at the beginning of the public comment period for the preliminary written finding, notifying the public of the right to submit comments; the department shall give notice by
(A) posting notice on the Alaska Online Public Notice System for at least 30 consecutive days;(B) publication of a notice in display advertising form describing the proposed action and referencing the online notice required in (A) of this paragraph in newspapers of statewide circulation and in newspapers of general circulation in the vicinity of the proposed action, if available, at least once a week for two consecutive weeks;(C) public service announcements on the electronic media serving the area to be affected by the proposed action; and(D) one or more of the following methods:
(i) publication of a legal notice in newspapers of statewide circulation or in newspapers of general circulation in the vicinity of the proposed action, if available, at least once a week for two consecutive weeks;(ii) posting in a conspicuous location in the vicinity of the action;(iii) notification of parties known or likely to be affected by the action; or(iv) another method calculated to reach affected parties;(3) if the notice is of an action described in (a) of this section, other than notice of an action under (a)(3)(A) of this section, the department shall give notice at least 30 days before the action by posting notice on the Alaska Online Public Notice System for at least 30 consecutive days and by one or more of the following methods:
(A) publication of a notice in display advertising form describing the proposed action and referencing the online notice required in this paragraph in newspapers of statewide circulation and in newspapers of general circulation in the vicinity of the proposed action, if available, at least once a week for two consecutive weeks;(B) publication through public service announcements on the electronic media serving the area affected by the action;(C) posting in a conspicuous location in the vicinity of the action;(D) notification of parties known or likely to be affected by the action; or(E) another method calculated to reach affected persons.(c) Notice at least 30 days before action under (a) of this section shall also be given to the following:
(1) to a municipality if the land is within the boundaries of the municipality, to a coordinating body established by community councils in a municipality if the coordinating body or a community council within the area served by a coordinating body requests notice in writing: if there is no coordinating body within the municipality, notice shall be provided to each community council established by the charter or ordinance of the municipality if the land is located within the boundaries of the municipality and if the community council requests notice in writing;(2) to a regional corporation if the boundaries of the corporation as established by 43 U.S.C. § 1606(a) (sec. 7(a), Alaska Native Claims Settlement Act) encompass the land and the land is outside a municipality;(3) to a village corporation organized under 43 U.S.C. § 1607(a) (sec. 8(a), Alaska Native Claims Settlement Act) if the land is within 25 miles of the village for which the corporation was established and the land is located outside a municipality;(4) to the postmaster of a permanent settlement of more than 25 persons located within 25 miles of the land if the land is located outside a municipality, with a request that the notice be posted in a conspicuous location;(5) to a nonprofit community organization or a governing body that has requested notification in writing and provided a map of its boundaries, if the land is within the boundaries.(d) Notice at least 30 days before action under (a)(5) of this section shall be given to appropriate regional fish and game councils established under Alaska Stat. § 16.05.260.(e) Notice is not required under this section for a permit or other authorization revocable by the department.(f) The provisions of this section do not apply to a lease issued under Alaska Stat. § 38.05.205.(g)[Repealed, Sec. 19 ch 56 SLA 1997].(h) Failure to give notice under this section to a community council, a coordinating body established by community council, or an organization listed in (c)(5) of this section does not constitute a legal basis for invalidation or delay of the action.
