(a) The state may not dispose of state land under Alaska Stat. Title 38 which is within five miles of the right-of-way of the highway.
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Terms Used In Alaska Statutes 19.40.200

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • 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) The prohibition on disposal of state land under (a) of this section does not apply to a disposal

(1) to a licensed public utility or a licensed common carrier under Alaska Stat. § 38.05.810(e);
(2) for the reauthorization of leases that were in effect on January 1, 1994, for nonresidential purposes within the following development nodes:

(A) Coldfoot:

Township 28 North, Range 12 West, Fairbanks Meridian

Sections 3 – 4

Sections 9 – 10

Sections 15 – 16

Sections 20 – 22

(B) Yukon River Crossing:

Township 12 North, Range 10 West, Fairbanks Meridian

Sections 6 – 7

Township 12 North, Range 11 West, Fairbanks Meridian

Sections 1 – 2

Section 12

Township 13 North, Range 10 West, Fairbanks Meridian

Sections 29 – 32

Township 13 North, Range 11 West, Fairbanks Meridian

Section 22

Sections 25 – 27

Sections 34 – 36

(3) for nonresidential development within the following development nodes:

(A) Deadhorse:

Township 10 North, Range 14 East, Umiat Meridian

Township 10 North, Range 15 East, Umiat Meridian

Section 8

Sections 17 – 20

Section 30

(B) Coldfoot:

Township 28 North, Range 12 West, Fairbanks Meridian

Sections 3 – 4

Sections 9 – 10

Sections 15 – 16

Sections 20 – 22

Township 29 North, Range 12 West, Fairbanks Meridian

Sections 23 – 27

Sections 34 – 35

(C) Franklin Bluffs:

Township 4 North, Range 14 East, Umiat Meridian

Sections 3 – 4

Sections 9 – 10

Sections 15 – 16

(D) Happy Valley:

Township 3 South, Range 14 East, Umiat Meridian

Sections 19 – 20

Sections 29 – 30

(E) Yukon River Crossing:

Township 12 North, Range 10 West, Fairbanks Meridian

Sections 6 – 7

Township 12 North, Range 11 West, Fairbanks Meridian

Sections 1 – 2

Section 12

Township 13 North, Range 10 West, Fairbanks Meridian

Sections 29 – 32

Township 13 North, Range 11 West, Fairbanks Meridian

Section 22

Section 25 – 27

Section 34 – 36; or

(4) necessary for

(A) an oil and gas lease or gas only lease under Alaska Stat. § 38.05.180;
(B) exploration, development, production, or transportation of oil and gas north of 68 degrees north latitude; or
(C) a state lease or materials sale for

(i) exploration, development, production, or transportation of oil or gas;
(ii) reconstruction or maintenance of state highways; or
(iii) construction or maintenance of airports.
(c) Before the sale of materials under (b)(4)(C) of this section to a private entity or person or to a state agency the state shall give due consideration to the availability of materials from private sources in the area where the materials are needed.
(d) Notwithstanding another provision of law, when the department determines and orders that a utility facility located across, along, over, under, or within the highway right-of-way must be changed, relocated, or removed, the licensed public utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order and is responsible for the cost of the change, relocation, or removal.
(e) Notwithstanding (b) of this section, land described in (b) of this section is not available for disposal if it has been selected by a municipality to satisfy a general grant land entitlement under Alaska Stat. Chapter 29.65 unless the selection is disapproved by the state in a final decision.
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