Title 38 — Public Land
17 chapters · 340 sections in this title.
AS 38.35.010 Legislative declaration of policy.
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(a) The natural resources of this state in crude oil and natural gas and in its land for transportation of these resources and their products by pipeline toward markets both in and out of the state are capable of making a significant contribution to the general welfare of the peo…
AS 38.35.015 Powers of the commissioner.
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The commissioner has all powers necessary and proper to implement the policy, purposes, and provisions of this chapter, so as to subserve, as the exercise of reasoned discretion determines, the public interest, convenience and necessity, including but not limited to (1) granting …
AS 38.35.017 Limitation on leases in or adjacent to the Beaufort Sea.
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(a) Consistent with and in furtherance of the statements of general state policy guiding resource development set out in art. VIII, sec. 1, Constitution of the State of Alaska, that the resources of the state be developed “by making them available for maximum use consistent with …
AS 38.35.020 Grant of right-of-way lease.
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(a) Rights-of-way on state land, including rights-of-way over, under, along, across, or on the right-of-way of a public road or highway or the right-of-way of a railroad or other public utility, or across, on, over, or under a river or other body of water or land belonging to or …
AS 38.35.030 Abandonment, reduction, or impairment of service of pipeline.
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A lessee may not abandon any portion of a pipeline that is subject to a lease granted under this chapter, or operation or transportation, service, or sale by it, or reduce or impair service, except in accordance with the terms of the lease or AS 38.35.040.
AS 38.35.040 Temporary or emergency service or temporary abandonment, reduction, or impairment of service by lessee.
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The commissioner may, either upon a request made in the form required by regulation, or in the exercise of discretion without request, authorize or require temporary or emergency rendering of service or temporary or emergency abandonment, reduction, or impairment of service by a …
AS 38.35.050 Applications for right-of-way leases.
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(a) A person or persons desiring to own a pipeline which is proposed to be located in whole or in part on state land, shall apply for a noncompetitive right-of-way lease of the state land. (b) Applications under (a) of this section shall be made in a form and manner prescribed by…
AS 38.35.060 Application for certificate to abandon or diminish service. [Repealed, § 6 ch 3 FSSLA 1973.]
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[Repealed or reserved.]
AS 38.35.070 Notice of application.
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Upon receiving an application under AS 38.35.050, the commissioner shall (1) cause notice of it to appear in a daily newspaper of general circulation published in the vicinity of the location of the proposed pipeline, the notice to include: (A) a general description of the land i…
AS 38.35.080 Analysis and public hearing.
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(a) The commissioner shall, within a reasonable time after receiving the application, prepare an analysis of the application or of the matter of which the commissioner was notified, including a proposal for action if feasible; a proposed lease and a general statement of the basis…
AS 38.35.090 Multiple applications for same lease.
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When the commissioner receives within a 30-day period two or more applications relating to the same or substantially the same subject matter, the commissioner shall consider the applications upon a comparative basis. The commissioner may extend the time within which a carrier may…
AS 38.35.100 Decision on application.
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(a) The commissioner shall promptly determine, in a written finding, on an application filed under AS 38.35.050, whether the applicant is fit, willing, and able to perform the transportation or other acts proposed in a manner that will be required by the present or future public …
AS 38.35.110 Term of lease; continuation.
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(a) Each lease of state land for pipeline right-of-way purposes must contain a provision that the lease shall run for a specified term of not greater than 30 years, and shall be renewable for additional periods of up to 30 years each, so long as the lessee is in commercial operat…
AS 38.35.120 Covenants required to be included in lease to a pipeline that is not a natural gas pipeline contract carrier.
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(a) Except as provided for a natural gas pipeline subject to AS 38.35.121, a noncompetitive lease of state land for a right-of-way for an oil or natural gas pipeline valued at $1,000,000 or more may be granted only upon the condition that the lessee expressly covenants in the lea…
AS 38.35.121 Covenants required to be in a lease to a natural gas pipeline that is a contract carrier.
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(a) For a lease of state land for a right-of-way for which an applicant has applied as a contract carrier under AS 42.08, a noncompetitive lease of state land for a right-of-way for a natural gas pipeline valued at $1,000,000 or more may be granted only on the condition that the …
AS 38.35.122 Products pipeline and carbon dioxide transportation pipeline leases.
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The commissioner has discretion to include any or all of the terms set out in AS 38.35.120 in leases of state land for products pipeline right-of-way purposes or carbon dioxide transportation pipeline right-of-way purposes.
AS 38.35.130 Right-of-way easements or leases acquired from others.
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(a) The lessee may, if the commissioner delegates the function to it, condemn, by declaration of taking, under AS 09.55.420 — 09.55.450, real property and acquire leases of or easements or rights-of-way on land in the state required for right-of-way purposes for a pipeline subjec…
AS 38.35.140 Payment of rental and costs.
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(a) The lease price for a right-of-way lease shall be the annual fair market rental of the state land included in the right-of-way based on the appraised fair market value of the land. The lease price is payable annually in advance on or before the anniversary of the lease. The a…
AS 38.35.145 Agreement to provide for payment of preapplication costs.
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(a) To accommodate preliminary work in advance of the receipt of an application for a lease under this chapter, the department may enter into an agreement with a prospective lessee desiring to own an oil or natural gas pipeline that is proposed to be located in whole or in part o…
AS 38.35.150 Additional provisions of lease. [Repealed, § 14 ch 3 FSSLA 1973.]
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[Repealed or reserved.]
AS 38.35.160 Transfer of right-of-way lease, certificates, or pipeline. [Repealed, § 15 ch 3 FSSLA 1973.]
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[Repealed or reserved.]
AS 38.35.170 Forfeiture of lease.
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Failure to begin construction of the pipeline facility within a reasonable time of the granting of a right-of-way lease under this chapter for reasons within the control of the lessee or failure of an owner of an interest in the granted right-of-way substantially to comply with t…
AS 38.35.180 Suits to enjoin or recover damages for defaults.
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(a) When in the judgment of the commissioner a person has violated or is about to violate a provision of this chapter or an obligation, condition, or provision of a right-of-way lease, the attorney general, on advice of the commissioner, shall seek a prohibition or mandatory inju…
AS 38.35.190 Application of the Administrative Procedure Act.
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(a) AS 44.62.010 — 44.62.319, 44.62.640, and 44.62.950 apply to regulations adopted by the commissioner under the authority of this chapter. (b) [Repealed, § 18 ch 3 FSSLA 1973.] (c) [Repealed, § 18 ch 3 FSSLA 1973.] (d) [Repealed, § 18 ch 3 FSSLA 1973.]
AS 38.35.200 Judicial review.
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(a) An applicant or competing applicant or a person who has a direct financial interest affected by the lease who raises objections within 60 days of the publication of notice under AS 38.35.070 are the only persons with standing to seek judicial review of a decision of the commi…
AS 38.35.205 Lease savings clause.
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A judicial finding that any term or condition of a right-of-way lease issued under this chapter is unlawful or invalid may not operate to invalidate the lease or any other term or condition of the lease.
AS 38.35.210 Delegation of commissioner's authority.
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The commissioner may delegate to an employee of the Department of Natural Resources or the Department of Law the authority granted under this chapter, except for the authority to execute leases.
AS 38.35.220 Continued operation of certain carriers.
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(a) Natural gas carriers that operate as public utilities holding easements, rights-of-way, or permits for pipelines on state public land on May 20, 1972, are unaffected by this chapter within the scope of their existing operations, normal expansions, and extensions thereof so lo…
AS 38.35.225 Binding effect of covenants.
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By entering into a lease under this chapter, the lessee is bound by all the covenants provided for in the lease to the full extent of the power of the state to impose those covenants under its authority as owner of the land to be leased or under its police or regulatory powers or…
AS 38.35.230 Definitions.
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In this chapter, (1) “carbon dioxide” has the meaning given in AS 41.06.210. (2) “commissioner” means the commissioner of natural resources; (3) “coordinate agencies” includes Department of Labor and Workforce Development, Department of Transportation and Public Facilities, Depar…
AS 38.35.260 Short title.
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This chapter may be cited as the Alaska Right-of-Way Leasing Act.