Alaska Statutes
Alaska Stat. § 38.05.085 (2026)
Term of lease
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 38.05.085. Term of lease.
(a) [Repealed, § 37 ch 2 FSSLA 1992.]
(b) [Repealed, § 37 ch 2 FSSLA 1992.]
(c) The lessee shall make advance payments of the annual rent or other form of lease compensation specified by the commissioner or that portion of it the commissioner may require.
(d) A preference right lessee of grazing or forest land may follow the payment schedule established in the cancelled federal lease or grazing permit if the lessee so desires.
(e) Notice of all actions by the department affecting the rights of a lease or lessee shall be given to the lessee.
(f) A violation of a provision of this chapter or of a term or provision of a lease subjects the lessee to appropriate legal action, including, but not limited to, a forfeiture of the lease.
(g) [Repealed, § 37 ch 2 FSSLA 1992.]
(a) [Repealed, § 37 ch 2 FSSLA 1992.]
(b) [Repealed, § 37 ch 2 FSSLA 1992.]
(c) The lessee shall make advance payments of the annual rent or other form of lease compensation specified by the commissioner or that portion of it the commissioner may require.
(d) A preference right lessee of grazing or forest land may follow the payment schedule established in the cancelled federal lease or grazing permit if the lessee so desires.
(e) Notice of all actions by the department affecting the rights of a lease or lessee shall be given to the lessee.
(f) A violation of a provision of this chapter or of a term or provision of a lease subjects the lessee to appropriate legal action, including, but not limited to, a forfeiture of the lease.
(g) [Repealed, § 37 ch 2 FSSLA 1992.]
Notes of Decisions
Cited in 9
cases, 1967–2015 · leading case: N. Alaska Env't Ctr. v. State, Dep't of Nat. Resources, 2 P.3d 629 (Alaska 2000).
N. Alaska Env't Ctr. v. State, Dep't of Nat. Resources, 2 P.3d 629 (Alaska 2000). “DNR claims that this permit is exempted from the best interest finding requirement of AS 38.05.085(e) due to its revocable nature.”
Kachemak Bay Conservation Soc'y v. State, Dep't of Nat. Resources, 6 P.3d 270 (Alaska 2000). “The amendment added AS 38.05.085(e)(1)(C), which speaks in terms of "phases" of a project, and expressly allows DNR to limit its review to the "applicable statutes and regulations, facts and issues .”
Sullivan v. Resisting Env't, 311 P.3d 625 (Alaska 2013). “11 As currently written, AS 38.05.085(e) states in part: Upon a written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources,…”
Wessells v. State, Dep't of Highways, 562 P.2d 1042 (Alaska 1977). “and in addition to the conditions and limitations imposed by law, he may impose additional conditions or limitations in the contracts as he, with the consent of the commissioner, determines will best serve the interests of the state.”
Gillis v. Aleutians East Borough, 258 P.3d 118 (Alaska 2011). “Absurd Results Gillis finally argues that interpreting AS 38.05.085(f) as requiring an applicant to enter federal land creates an absurd result "because no person would ever qualify for the preference right.”
Nunamta Aulukestai v. State, Dep't of Nat. Resources, 351 P.3d 1041 (Alaska 2015). “Pertinent to this case, AS 38.05.085(e) provides: Upon a written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources, property,…”
Alyeska Ski Corp. v. Holdsworth, 426 P.2d 1006 (Alaska 1967). “” AS 38.05.085 provides in part that “The lease shall require advance payment of the annual rent or portion of it as the director, with the approval of the commissioner, requires.”
McCarrey v. Comm'r of Nat. Resources, 526 P.2d 1353 (Alaska 1974). “See also AS 38.05.085. 16 . Furthermore, AS 44.62.”
Denali Citizens Council v. State, Dep't of Nat. Resources, 318 P.3d 380 (Alaska 2014). “As the commissioner wrote in his response to Denali Citizens' request for reconsideration, the economic feasibility of a license proposal is relevant to one of the factors DNR is required to discuss under AS 38.05.085(g), "the reasonably foreseeable fiscal effects of the…”
Alaska Stat. § 38.05.085(e): 3 cases
N. Alaska Env't Ctr. v. State, Dep't of Nat. Resources, 2 P.3d 629 (Alaska 2000). “DNR claims that this permit is exempted from the best interest finding requirement of AS 38.05.085(e) due to its revocable nature.”
Sullivan v. Resisting Env't, 311 P.3d 625 (Alaska 2013). “11 As currently written, AS 38.05.085(e) states in part: Upon a written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources,…”
Nunamta Aulukestai v. State, Dep't of Nat. Resources, 351 P.3d 1041 (Alaska 2015). “Pertinent to this case, AS 38.05.085(e) provides: Upon a written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources, property,…”
Alaska Stat. § 38.05.085(e)(1)(B): 1 case
Sullivan v. Resisting Env't, 311 P.3d 625 (Alaska 2013). “11 As currently written, AS 38.05.085(e) states in part: Upon a written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources,…”
Alaska Stat. § 38.05.085(e)(1)(C): 1 case
Kachemak Bay Conservation Soc'y v. State, Dep't of Nat. Resources, 6 P.3d 270 (Alaska 2000). “The amendment added AS 38.05.085(e)(1)(C), which speaks in terms of "phases" of a project, and expressly allows DNR to limit its review to the "applicable statutes and regulations, facts and issues .”
Alaska Stat. § 38.05.085(e)(6)(C): 1 case
N. Alaska Env't Ctr. v. State, Dep't of Nat. Resources, 2 P.3d 629 (Alaska 2000). “DNR claims that this permit is exempted from the best interest finding requirement of AS 38.05.085(e) due to its revocable nature.”
Alaska Stat. § 38.05.085(f): 1 case
Gillis v. Aleutians East Borough, 258 P.3d 118 (Alaska 2011). “Absurd Results Gillis finally argues that interpreting AS 38.05.085(f) as requiring an applicant to enter federal land creates an absurd result "because no person would ever qualify for the preference right.”
Alaska Stat. § 38.05.085(g): 3 cases
Sullivan v. Resisting Env't, 311 P.3d 625 (Alaska 2013). “11 As currently written, AS 38.05.085(e) states in part: Upon a written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources,…”
Kachemak Bay Conservation Soc'y v. State, Dep't of Nat. Resources, 6 P.3d 270 (Alaska 2000). “The amendment added AS 38.05.085(e)(1)(C), which speaks in terms of "phases" of a project, and expressly allows DNR to limit its review to the "applicable statutes and regulations, facts and issues .”
Denali Citizens Council v. State, Dep't of Nat. Resources, 318 P.3d 380 (Alaska 2014). “As the commissioner wrote in his response to Denali Citizens' request for reconsideration, the economic feasibility of a license proposal is relevant to one of the factors DNR is required to discuss under AS 38.05.085(g), "the reasonably foreseeable fiscal effects of the…”
Alaska Stat. § 38.05.085(g)(1)(B)(x): 1 case
Kachemak Bay Conservation Soc'y v. State, Dep't of Nat. Resources, 6 P.3d 270 (Alaska 2000). “The amendment added AS 38.05.085(e)(1)(C), which speaks in terms of "phases" of a project, and expressly allows DNR to limit its review to the "applicable statutes and regulations, facts and issues .”
Alaska Stat. § 38.05.085(h): 2 cases
Sullivan v. Resisting Env't, 311 P.3d 625 (Alaska 2013). “11 As currently written, AS 38.05.085(e) states in part: Upon a written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources,…”
Kachemak Bay Conservation Soc'y v. State, Dep't of Nat. Resources, 6 P.3d 270 (Alaska 2000). “The amendment added AS 38.05.085(e)(1)(C), which speaks in terms of "phases" of a project, and expressly allows DNR to limit its review to the "applicable statutes and regulations, facts and issues .”
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