Alaska Administrative Code

Alaska Administrative Code Title 1 - General Provisions Title 2 - Administration Title 3 - Commerce, Community, and Economic Development Title 4 - Education and Early Development Title 5 - Fish and Game Title 6 - Governor's Office Title 7 - Health and Social Services Title 8 - La…

The state warrants neither the quantity nor the quality of the timber or material to be removed from an area under a contract or license under this chapter. However, to the extent practicable and within the limits of funding, the division will attempt to estimate volumes of uplan…

In this chapter (1) "competitive sale" means a sale which is open to competitive bidding by either oral outcry auction or sealed bid; (2) "contract of sale" or "contract" means a written agreement in which the state agrees to sell and the purchaser agrees to buy certain timber or…

(a) This chapter applies to carbon offset projects that the department undertakes on state land under AS 38.95.400 - 38.95.499. (b) This chapter does not apply to a lease of state land for carbon management purposes under AS 38.05.081. Notes 11 AAC 78.010 Eff. 7/19/2024, Register…

(a) To identify potential carbon offset projects the department may solicit recommendations from (1) department staff; (2) a state agency, including the University of Alaska, the Alaska Mental Health Trust Authority, and state public corporations; (3) a municipality, borough, or …

(a) If the department performs a feasibility evaluation of a potential carbon offset project, that evaluation consists of gathering information relevant to the potential carbon offset project; and using that information to consider the criteria in (c) of this section. (b) Gatheri…

(a) If a potential carbon offset project is incompatible with the classification or land use plan applicable to the state land identified for a potential carbon offset project, the department may seek to reclassify the land or revise the land use plan identified for the potential…

(a) A best interest finding for a carbon offset project must comply with AS 38.95.410(d) and this chapter. A best interest finding constitutes a formal evaluation of a potential carbon offset project under AS 38.95.410(a). (b) A best interest finding will consider the evaluation …

(a) After a best interest finding is completed for a potential carbon offset project under AS 38.95.410(d), the department may submit an application for the carbon offset project to a registry to earn carbon offset credits. (b) The department will manage a carbon offset project o…

(a) The department may contract for services under AS 38.95.440 for a person to provide (1) carbon offset project-related services to carry out the purposes of AS 38.95.400 - 499, including (A) evaluation of the financial viability of a potential carbon offset project; (B) potent…

In this chapter, (1) "department" has the meaning provided in AS 38.95.499; (2) "potential carbon offset project" means a carbon offset project the department is evaluating under this chapter; (3) "register" means a process whereby a registry reviews a carbon offset project and d…

(a) Applications for right-of-way leases of state land for pipeline purposes under AS 38.35 shall be submitted to the commissioner of natural resources, through the office of the director of the division of lands, on Form DL-10-130. (b) Form DL-10-130 when completed shall contain…

(a) Repealed 8/6/94. (b) The first year's rental charge may, upon agreement of the commissioner of natural resources and the applicant, be based upon an informal appraisal, and the first year's rental charge shall be adjusted on the basis of the formal appraisal conducted before …

(a) Requests for authorization to provide temporary or emergency service or for temporary or emergency abandonment, reduction or impairment of service shall be submitted to the office of the director of the division of lands on Form DL-10-131. (b) Form DL-10-131 when completed sh…

(a) The commissioner of natural resources, or his authorized representative, will disapprove a request for authorization for temporary or emergency rendering of service or a request for the temporary or emergency abandonment, reduction or impairment of service under AS 38.35.040 …

Field gathering lines are exempt from the requirement of obtaining a right-of-way lease under AS 38.35. (b) In this section, (1) "carbon dioxide" has the meaning given in AS 41.06.210; (2) "field gathering line" means pipe and associated facilities, including separators, test equ…

Notes 11 AAC 80.055 Eff. 3/3/74, Register 49; repealed 2/16/2025, Register 253, April 2025 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison fea…

(a) A lessee who seeks to renew a lease of state land for pipeline right-of-way purposes must submit an application for renewal of the right-of-way lease no later than two years before lease expiration, unless otherwise provided in the right-of-way lease. Upon request by the less…

(a) Within a reasonable time after receipt of the lessee's application to renew a lease of state land for pipeline right-of-way purposes, the commissioner will make, in the exercise of reasoned discretion, a written determination whether the requirements of AS 38.35.110 have been…

(a) The commissioner will provide the written determination required by 11 AAC 80.075 to the lessee. (b) Consistent with AS 38.35.070, the commissioner will publish notice of the written determination and a statement regarding whether the commissioner intends to renew the right-o…

The provisions of this chapter apply to the leasing and administration of all land under AS 38.05.135-38.05.183, Leasing of Mineral Lands, except as may be specifically provided by the statute or the sections of the regulations dealing with a specific mineral. In the event of a c…

All land not required to be leased competitively by law or not classified competitive by order of the commissioner is classified noncompetitive for mineral leasing purposes. A change of classification from noncompetitive to competitive rejects any pending application for noncompe…

(a) Noncompetitive land, including shoreland, is not open for lease or permit until the commissioner has published a notice declaring land open for lease or permit. (b) The notice of opening must describe the areas and minerals open. In addition, for any land made available by th…

Competitive land is not open to leasing until the commissioner publishes a notice of lease offer as prescribed in 11 AAC 82.415. Notes 11 AAC 82.115 Eff. 9/5/74, Register 51; am 7/22/79, Register 71 Authority:AS 38.05.020 AS 38.05.135 AS 38.05.345 State regulations are updated qu…

(a) Leases, oil and gas exploration licenses, or permits issued under AS 38.05.131-38.05.184 may be applied for, issued to, or held by(1) a person who has reached the age of majority; (2) a corporation qualified to do business in Alaska; (3) a legal guardian or trustee of a quali…

(a) An individual, in order to be qualified to apply for, obtain, or transfer an interest in a permit, oil and gas exploration license, or lease issued under AS 38.05.131-38.05.184, shall submit to the department(1) a signed, dated statement including the applicant's name, addres…

(a) The acreage limitations imposed by AS 38.05 apply to all acreage held or controlled, directly or indirectly, whether (1) by lease or permit interest in it; (2) by ownership or control of stock in a corporation or corporations holding or controlling chargeable acreage; or (3) …

At any time any person holding or controlling chargeable acreage may be required by the commissioner to file with the department a statement showing, as of a specified date, the serial number and the date of each lease or permit in which he holds or controls any interest, setting…

If a person holds or controls acreage in excess of the prescribed limitations, the commissioner will give notice of the excess acreage to the person. The person shall, within 90 days following receipt of the notice, by assignment or surrender, reduce the acreage held or controlle…

Competitive land will be offered for lease at the discretion of the commissioner in lease parcel which the commissioner may determine to be as nearly compact in form as possible. The commissioner may defer or remove any parcel or acres in a parcel from an offering (1) before bid …

Bidding may be by sealed bid or at public outcry auction, including online bidding, unless otherwise prescribed by law or regulation dealing with the subject. If not so prescribed, the method of bidding is at the discretion of the commissioner. Notes 11 AAC 82.405 Eff. 9/5/74, Re…

The commissioner may prescribe the minimum bid that will be considered at any lease sale. Prescribing a minimum bid does not prevent the rejection of bids as provided in 11 AAC 82.450. Notes 11 AAC 82.410 Eff. 9/5/74, Register 51; am 7/22/79, Register 71 Authority:AS 38.05.020 AS…

(a) Notice required under AS 38.05.945(a)(3) of a decision under AS 38.05.035(e) will (1) describe the land and interests in that land proposed to be offered for disposal; (2) note the public availability of the division's preliminary analysis for the disposal; (3) contain any ot…

Bids must be signed and submitted on a bid form supplied or approved by the department for the particular lease offer or on a verbatim copy of one. No bid containing or accompanied by any condition, qualification, or material alteration may be considered. Notes 11 AAC 82.420 Eff.…

A bidder shall be responsible for commission or like compensation payable to any third-party vendor hosting an online offering for submitted bids; including handling and transfer of bid deposits. Notes 11 AAC 82.423 Eff. 12/26/2019, Register 232, January 2020 Authority:AS 38.05.0…

Any bid deposit required by statute, regulation, or instruction provided by the department must be in United States dollars and in one of the following forms of payment or combination of forms of payment (1) cash; (2) cashier's or certified check drawn on any solvent bank in the …

Before the date of a competitive lease sale, a bidder must comply with 11 AAC 82.200 and 11 AAC 82.205. Notes 11 AAC 82.428 Eff. 3/27/82, Register 81 Authority:AS 38.05.020 AS 38.05.145(a) State regulations are updated quarterly; we currently have two versions available. Below is…

(a) A bid with two or more bidders must (1) be submitted on a bid form supplied by or approved under 11 AAC 82.420; (2) state the percent interest of each bidder; (3) designate one bidder who is authorized to receive notices on behalf of all the bidders; and (b) Each bidder with …

Each bidder at a sale by sealed bid or public outcry auction, including online bidding, shall submit to the commissioner, other officer, or other entity authorized by the commissioner conducting the sale, the deposit and information required by 11 AAC 82.415 - 11 AAC 82.430 in ac…

Sealed bids, including bids received online, must be opened publicly, and public auctions must be held at the time and place specified in the public notice issued in accordance with 11 AAC 82.415 No bid which the commissioner determines to be nonresponsive to the sale notice may …

No bid may be considered unless supported by the deposit and information required by 11 AAC 82.425, 11 AAC 82.428, and 11 AAC 82.430 unless the commissioner determines that any omission was immaterial or due to excusable inadvertence and if the omission is corrected in the manner…

The commissioner may reject any or all bids on any tract or tracts before a lease is awarded. Notes 11 AAC 82.450 Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232, January 2020 Authority:AS 38.05.020 AS 38.05.135 AS 38.05.145 State regulations are up…

If two or more sealed bids are equal in amount and are the highest received at a lease sale, or for an oil and gas exploration license, the commissioner will promptly notify the highest bidders and invite them to submit new bids, not lower than the original bids, within 30 days a…

Before the right to a lease is awarded, any bidder may, on his own initiative or at the request of the commissioner, submit additional information regarding his financial responsibility and his qualifications. Notes 11 AAC 82.460 Eff. 9/5/74, Register 51; am 7/22/79, Register 71 …

(a) When the right to a lease is awarded, the department will notify the successful bidder or designee under 11 AAC 82.430. The successful bidder shall wire transfer federal funds in the amount of the balance of the cash bonus, first year's annual rental, submit two copies of the…

For oil and gas, or gas only leases, with rental increases during the primary term, an application for a rental reduction determination under the terms of a lease agreement must be received at least 90 days before the lease anniversary date where the rental rate increases above $…

Upon compliance with sec. 465 of this chapter, the commissioner will sign the lease on behalf of Alaska and mail one fully executed copy to the lessee. Notes 11 AAC 82.470 Eff. 9/5/74, Register 51; am 7/22/79, Register 71 Authority:AS 38.05.020 AS 38.05.145(a) State regulations a…

The commissioner will return the bid deposit of all unsuccessful bidders within five working days after a lease sale or the awarding of an oil and gas exploration license. If the high bid is disqualified after bid deposits have been returned, the commissioner will, in the commiss…

(a) Except as otherwise provided in regulations regarding applications for shallow natural gas leases authorized under AS 38.05.177, applications for noncompetitive leases or permits for a mineral may be filed on any noncompetitive land opened for leasing of that mineral in accor…

(a) Applications for land available in a simultaneous filing period must describe the land as specified in the notice providing for the simultaneous filing period. (b) Application for land available on a first-come, first-served basis must describe the land by legal subdivision, …