Alaska Statutes
Alaska Stat. § 38.05.020 (2026)
Authority and duties of the commissioner
✓ current as of July 2026
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Sec. 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.
(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.
Notes of Decisions
Cited in 26
cases (2 in the last 5 years), 1967–2025 · leading case: Moore v. State, 553 P.2d 8 (Alaska 1976).
Moore v. State, 553 P.2d 8 (Alaska 1976). “*37 It is true that the Commissioner enjoys broad powers under AS 38.05.020, including the authority to "review any order or action of the director" [21] and to "exercise the powers and do the acts necessary to carry out the provisions and objectives" of the Act.”
Gold Dust Mines, Inc. v. Little Squaw Gold Mining Co., 299 P.3d 148 (Alaska 2012). “AS 38.05.020. . AS 38.05.195-.200; see also Chalovich v.”
Chevron U.S.A. Inc. v. LeResche, 663 P.2d 923 (Alaska 1983). “7 Because we conclude that AS 38.05.020(b)(1), 8 read in conjunction with AS 38.”
Marathon Oil Co. v. State, Dep't of Nat. Resources, 254 P.3d 1078 (Alaska 2011). “AS 38.05.020, .180. 11 . Earth Res. Co. v.”
Baxley v. State, 958 P.2d 422 (Alaska 1998). “” AS 38.05.020(a). The Commissioner may “enter into agreements considered necessary to carry out the purposes of this chapter, including *432 agreements with federal and state agencies.”
Jerrel v. State, Dep't of Nat. Resources, 999 P.2d 138 (Alaska 2000). “" [7] The statutory authority for the state's governance of its leased grazing lands lies in AS 38.05.020, which permits DNR's commissioner to "establish reasonable procedures and adopt reasonable regulations necessary to carry out" the lands chapter, and AS 38.”
Usibelli Coal Mine, Inc. v. State, Dep't of Nat. Resources, 921 P.2d 1134 (Alaska 1996). “18 These broad constitutional mandates guide DNR’s promulgation of regulations pursuant to AS 38.05.020, .145(a), and .150(d). 19 See Kenai Peninsula Fisherman’s Coop.”
Union Oil Co. of California v. State, Dep't of Nat. Resources, 526 P.2d 1357 (Alaska 1974). “7 It was not the kind of “reconsideration” treated in those sections, but was a form of review independent of the structure of the Administrative Procedure Act.”
Wessells v. State, Dep't of Highways, 562 P.2d 1042 (Alaska 1977). “AS 38.05.020(a). 13 . AS 38.05.020(b)(2).”
Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971). “) AS 38.05.020(b) (1) of the Alaska Land Act provides that the Commissioner may “establish reasonable procedures and adopt reasonable rules and regulations necessary to carry out” the provisions of the state’s land act.”
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). “AS 38.05.020(b)(1) ("[Olrders by the commissioner classifying land, issued after January 3, 1959, are not required to be adopted under AS 44.”
Se. Alaska Conservation Council, Inc. v. State of Alaska, Dep't of Nat. Resources & Alaska Mental Health Trust Auth., 470 P.3d 129 (Alaska 2020). “11 At the other end of the spectrum, land “owned in fee by the state or to which the state may become entitled,” with certain exceptions, “may be sold” under statutes specifically relating to selling land for private use.”
— Alaska Stat. § 38.05.020(a) — 3 cases
Wessells v. State, Dep't of Highways, 562 P.2d 1042 (Alaska 1977). “AS 38.05.020(a). 13 . AS 38.05.020(b)(2).”
Baxley v. State, 958 P.2d 422 (Alaska 1998). “” AS 38.05.020(a). The Commissioner may “enter into agreements considered necessary to carry out the purposes of this chapter, including *432 agreements with federal and state agencies.”
Teck Am. Inc. & State of Alaska, Dep't of Nat. Resources v. Valhalla Mining, LLC, Teck Am. Inc. & State of Alaska, Dep't of Nat. Resources v. Valhalla Mining, LLC, 528 P.3d 30 (Alaska 2023).
— Alaska Stat. § 38.05.020(b) — 6 cases
Moore v. State, 553 P.2d 8 (Alaska 1976). “*37 It is true that the Commissioner enjoys broad powers under AS 38.05.020, including the authority to "review any order or action of the director" [21] and to "exercise the powers and do the acts necessary to carry out the provisions and objectives" of the Act.”
Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971). “) AS 38.05.020(b) (1) of the Alaska Land Act provides that the Commissioner may “establish reasonable procedures and adopt reasonable rules and regulations necessary to carry out” the provisions of the state’s land act.”
Pan Am. Petroleum Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969).
Swindel v. Kelly, 499 P.2d 291 (Alaska 1972).
Alyeska Ski Corp. v. Holdsworth, 426 P.2d 1006 (Alaska 1967).
— Alaska Stat. § 38.05.020(b)(1) — 11 cases
Chevron U.S.A. Inc. v. LeResche, 663 P.2d 923 (Alaska 1983). “7 Because we conclude that AS 38.05.020(b)(1), 8 read in conjunction with AS 38.”
Marathon Oil Co. v. State, Dep't of Nat. Resources, 254 P.3d 1078 (Alaska 2011). “AS 38.05.020, .180. 11 . Earth Res. Co. v.”
Moore v. State, 553 P.2d 8 (Alaska 1976). “*37 It is true that the Commissioner enjoys broad powers under AS 38.05.020, including the authority to "review any order or action of the director" [21] and to "exercise the powers and do the acts necessary to carry out the provisions and objectives" of the Act.”
Usibelli Coal Mine, Inc. v. State, Dep't of Nat. Resources, 921 P.2d 1134 (Alaska 1996). “18 These broad constitutional mandates guide DNR’s promulgation of regulations pursuant to AS 38.05.020, .145(a), and .150(d). 19 See Kenai Peninsula Fisherman’s Coop.”
Gold Dust Mines, Inc. v. Little Squaw Gold Mining Co., 299 P.3d 148 (Alaska 2012). “AS 38.05.020. . AS 38.05.195-.200; see also Chalovich v.”
— Alaska Stat. § 38.05.020(b)(2) — 2 cases
Wessells v. State, Dep't of Highways, 562 P.2d 1042 (Alaska 1977). “AS 38.05.020(a). 13 . AS 38.05.020(b)(2).”
Baxley v. State, 958 P.2d 422 (Alaska 1998). “” AS 38.05.020(a). The Commissioner may “enter into agreements considered necessary to carry out the purposes of this chapter, including *432 agreements with federal and state agencies.”
— Alaska Stat. § 38.05.020(b)(3) — 2 cases
Moore v. State, 553 P.2d 8 (Alaska 1976). “*37 It is true that the Commissioner enjoys broad powers under AS 38.05.020, including the authority to "review any order or action of the director" [21] and to "exercise the powers and do the acts necessary to carry out the provisions and objectives" of the Act.”
Union Oil Co. of California v. State, Dep't of Nat. Resources, 526 P.2d 1357 (Alaska 1974). “7 It was not the kind of “reconsideration” treated in those sections, but was a form of review independent of the structure of the Administrative Procedure Act.”
— Alaska Stat. § 38.05.020(b)(4) — 3 cases
Moore v. State, 553 P.2d 8 (Alaska 1976). “*37 It is true that the Commissioner enjoys broad powers under AS 38.05.020, including the authority to "review any order or action of the director" [21] and to "exercise the powers and do the acts necessary to carry out the provisions and objectives" of the Act.”
Gold Dust Mines, Inc. v. Little Squaw Gold Mining Co., 299 P.3d 148 (Alaska 2012). “AS 38.05.020. . AS 38.05.195-.200; see also Chalovich v.”
Baxley v. State, 958 P.2d 422 (Alaska 1998). “” AS 38.05.020(a). The Commissioner may “enter into agreements considered necessary to carry out the purposes of this chapter, including *432 agreements with federal and state agencies.”
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