Sec. 41.35.230. Definitions.
In AS 41.35.010 – 41.35.240, unless the context otherwise requires, (1) “commission” means the Alaska Historical Commission established in AS 41.35.300; (2) “historic, prehistoric, and archeological resources” includes deposits, structures, ruins, sites, buildings, graves, artifacts, fossils, or other objects of antiquity which provide information pertaining to the historical or prehistorical culture of people in the […]
Sec. 41.35.240. Short title.
AS 41.35.010 – 41.35.240 may be cited as the Alaska Historic Preservation Act.
Sec. 41.35.090. Notice required of private persons.
Before any construction, alteration, or improvement of any nature is undertaken on a privately owned, officially designated state monument or historic site by any person, the person shall give the department three months notice of intention to construct on, alter, or improve it. Before the expiration of the three-month notification period, the department shall either […]
Sec. 41.35.100. Excavation and removal of historic, prehistoric, or archeological remains on private land.
Before any historic, prehistoric, or archeological remains are excavated or removed from private land by the department, the written approval of the owner shall first be secured. When the value of the private land is diminished by the excavation or removal, the owner of the land shall be compensated for the loss at a monetary […]
Sec. 41.35.200. Unlawful acts.
(a) A person may not appropriate, excavate, remove, injure, or destroy, without a permit from the commissioner, any historic, prehistoric, or archeological resources of the state. (b) A person may not possess, sell, buy, or transport within the state, or offer to sell, buy, or transport within the state, historic, prehistoric, or archeological resources taken […]
Sec. 41.35.210. Criminal penalties.
A person who is convicted of violating a provision of AS 41.35.010 – 41.35.240 is guilty of a class A misdemeanor.
Sec. 41.35.215. Civil penalties.
In addition to other penalties and remedies provided by law, a person who violates a provision of AS 41.35.010 – 41.35.240 is subject to a maximum civil penalty of $100,000 for each violation.
Sec. 41.35.220. Enforcement authority.
The following persons are peace officers of the state and shall enforce AS 41.35.010 – 41.35.240: (1) an employee of the department authorized by the commissioner; (2) a peace officer in the state; (3) any other person authorized by the commissioner.
Sec. 41.35.010. Declaration of policy.
It is the policy of the state to preserve and protect the historic, prehistoric, and archeological resources of Alaska from loss, desecration, and destruction so that the scientific, historic, and cultural heritage embodied in these resources may pass undiminished to future generations. To this end, the legislature finds and declares that the historic, prehistoric, and […]
Sec. 41.35.020. Title to historic, prehistoric, and archeological resources; local display.
(a) The state reserves to itself title to all historic, prehistoric, and archeological resources situated on land owned or controlled by the state, including tideland and submerged land, and reserves to itself the exclusive right of field archeology on state-owned or controlled land. However, nothing in AS 41.35.010 – 41.35.240 diminishes the cultural rights and […]