Except as otherwise provided in this chapter, the municipality, by virtue of AS 38.05.300 et seq., and Tidelands Patent No. 10 issued December 22, 1961, recorded in volume 234, pages 62 and 63, of Anchorage Recording Precinct, and any other patents hereafter issued to it, reserves and has succeeded to all right, title and interest of the state in tidelands and submerged lands lying seaward of the city, including lands, improvements, reclaimed lands or natural resources in all lands permanently or periodically covered by tidal waters up to the line of mean high tide and seaward to the Director's Line as defined in Tidelands Patent No. 10 or on any succeeding patents; provided, however, that those lands and rights therein lawfully vested in others by Acts of Congress prior to January 3, 1959, shall not be infringed upon, and provided, further, that title to natural resources therein shall be reserved to the state until such time as the state may convey such title to the municipality.
(CAC 10.12.010)
Prior to any construction or development by any person or governmental agency that will use, divert, obstruct, pollute or utilize any of the waters of the state or materials from such water areas, the commissioner of the state department of fish and game shall be notified and a letter of approval obtained by the applicant pursuant to AS 16.05.870—16.05.895.
(CAC 10.12.020)
Each and every contract for the sale, lease or grant of, and each deed to, city tidelands and contiguous submerged land, properties or interest therein, made under the provisions of parts 1 through 5 of this chapter, shall be subject to a reservation to the municipality or to the state, whichever shall be entitled thereto, which shall be substantially in the following form:
The party of the first part, Municipality of Anchorage, hereby expressly saves, excepts and reserves out of the grant hereby made unto itself (or to the State of Alaska), its lessees, successors and assigns forever, all oils, gases, coal, ores, minerals, fissionable materials and fossils of every name, kind or description, and which may be in or upon said lands above described, or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, fissionable materials and fossils, and it also hereby expressly saves and reserves out of the grant hereby made, unto itself (or to the State of Alaska), its lessees, successors and assigns forever the right to enter by itself, its or their agents, attorneys and servants upon said lands or any part or parts thereof, at any and all times, for the purpose of opening, developing, drilling and working mines or wells on these or other lands and taking out and removing therefrom all such oils, gases, coal, ores, minerals, fissionable materials and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its lessees, successors and assigns forever, the right by its or their agents, servants and attorneys at any and all times to erect, construct, maintain and use all such buildings, machinery, roads, pipelines, power lines and railroads, sink such shafts, drill such wells, remove such soil, and remain on said lands or any part thereof for the foregoing purposes and to occupy as much of said lands as may be necessary or convenient for such purposes, hereby expressly reserving to itself, its lessees, successors and assigns, as aforesaid, generally all rights and power in, to and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and rights hereby expressly reserved.
(CAC 10.12.040)
No rights shall be exercised under the reservation set out in section 25.50.316, by the municipality or the state or their lessees, successors or assigns, until provision has been made by the municipality or the state, or their lessees, successors or assigns, to pay to the owner of the land upon which the rights reserved to the municipality or the state, or their lessees, successors or assigns, are sought to be exercised, full payment for all damages sustained by the owner, by reason of entering upon such land; provided that, if the owner for any cause whatever refuses or neglects to settle damages, the municipality or the state, or their lessees, successors or assigns, or any applicant for a lease or contract from the municipality or the state for the purpose of prospecting for valuable minerals, or option contract or lease for mining coal, or lease for extracting petroleum or natural gas, shall have the right, after posting a surety bond with the municipal clerk or the director, as the case may be, in a company qualified to do business in the state and in a form as determined by the municipal attorney or the director, as the case may be, after due notice and opportunity to be heard, to be sufficient in amount and security to secure the owner full payment for all such damages, to enter upon the land in the exercise of such reserved rights, and shall have the right to institute such legal proceedings in a court of competent jurisdiction wherein the land is situated, as may be necessary to determine the damages which the surface lessee of such lands may suffer.
(CAC 10.12.050)
The following tidelands and tidelands and contiguous submerged lands are reserved pursuant to section 3, Public Law 85-303 (71 Stat. 623) 1957: All tracts or parcels of land, together with all accretions thereto, resources therein or improvements thereon, title which has been lawfully and expressly acquired by the United States from the territory or State of Alaska or from any party in whom title has vested under the laws applicable to the territory or state, or the law of the United States, all lands expressly retained by or ceded to the United States, all land acquired by the United States by gift or by proceedings under eminent domain, all lands filled in, built up or otherwise reclaimed by the United States for its own use as long as so used, and any rights that the United States has in lands presently and actually occupied by the United States under claim of rights.
(CAC 10.12.060)
Tidelands and contiguous submerged lands, as well as any materials therefrom under the control of the municipality, shall be sold, granted, leased or otherwise disposed of only through assembly action under the Charter and this Code, and no land or materials in the tidelands shall be sold, granted, leased or otherwise disposed of until the assembly has received a recommendation thereon from the port commission. Before such lands or any interest therein are disposed of, the municipal clerk shall publish at the expense of the applicant a notice for three consecutive weeks preceding the time of disposal as stated in the notice, provided that the sale, lease or disposal of lands shall be held not less than one week and not more than three weeks following the last day of the published notice. The notice shall set forth the following
A. 
The name and address of the person requesting the sale, grant, lease or interest therein.
B. 
The locations and descriptions of the lands or interest therein and the improvements thereon.
C. 
The preference or preference right claimed, if any, and the length of time including dates the claimant occupied the land.
D. 
The date, time and place, and the general terms, including the minimum bid, if any, of the sale, lease or other disposal.
E. 
The dates of the posting.
(CAC 10.12.070; AO No. 2009-134, § 1, 1-12-2010)
Anyone may file a protest with respect to the grant, sale, lease or other disposal of tidelands or materials thereon or therein. Such protest shall be in writing and contain a statement as to the nature and reason for the protest. Each protest so made shall be filed with the municipal manager during but not later than 30 calendar days subsequent to the last date of publication or the date provided for in the posting. The party protesting shall be required to notify by registered or certified mail the party whose action he or she is protesting. The postmark date of the addressee's post office will govern. Failure to protest shall constitute a waiver.
(CAC 10.12.080)
The assembly may require applicants under section 25.50.322 to deposit with the municipal clerk a sum sufficient to cover all or any portion of anticipated costs of survey, appraisal or advertisement of the area under application. Such deposit shall be made within 30 calendar days after request for deposit. Failure to comply shall result in cancellation of the application. Any sum above the actual cost shall be returned to the applicant. If the land applied for is disposed of to one other than the applicant within 30 days after offering, the successful applicant shall be required to pay any survey, appraisal or advertising costs and the original deposit will be returned to the depositor. If the depositor cancels his or her application, or fails to accept the contract or title when offered by the municipality, the deposited money shall be forfeited, but, if the municipality does not grant the application, all sums in excess of costs incurred shall be refunded. It shall be the responsibility of the municipality, following the receipt of any deposit requested, to perform or have performed any survey, appraisal or advertisement required or deemed necessary.
(CAC 10.12.090)
The municipality, thorough its authorized representatives, shall have the right to enter upon any municipally held tidelands that are leased, or upon which a permit was granted, to make any and all examinations or investigations that are deemed necessary.
(CAC 10.12.100)
It is unlawful for any person to commit waste or other injury upon municipally owned tidelands and contiguous submerged land, and the person so offending shall, in addition to being civilly liable for any damages caused, upon conviction be punished in accordance with this Code.
(CAC 10.12.120)