Title 41, Public Resources
24 chapters · 391 sections in this title.
AS 41.05.010 Secs. 41.05.010 — 41.05.030. Hydrological data. [Repealed, § 4 ch 41 SLA 1977. For current law, see AS 41.08.017, 41.08.020(b), and 41.08.035.]
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[Repealed or reserved.]
AS 41.05.040 Secs. 41.05.040 — 41.05.100. Mineral resources. [Renumbered as AS 41.98.010 — 41.98.100.]
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[Repealed or reserved.]
AS 41.06.005 Jurisdiction over geothermal resources.
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(a) The commission has jurisdiction under AS 41.06.005 41.06.060 over geothermal wells to prevent waste, to protect correlative rights, and to ensure public safety. (b) The Department of Natural Resources has jurisdiction under AS 41.06.005 41.06.060 over management of geothe…
AS 41.06.010 Waste prohibited; investigation.
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The waste of geothermal resources in the state is prohibited. The commission may investigate to determine whether waste exists or is imminent, or whether other facts exist that justify or require action by the commission to prohibit waste.
AS 41.06.020 Authority of commission; application.
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(a) The commission has jurisdiction over all persons and property, public and private, necessary to carry out the purposes and intent of AS 41.06.005 41.06.060. (b) The authority of the commission applies to all land in the state lawfully subject to the police power of the stat…
AS 41.06.030 Unitization.
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(a) The commissioner shall require the filing and approval of a plan of development and operation on a geothermal system that includes state land. (b) Lessees of all or part of a geothermal system that includes state land may enter into a unit agreement for cooperative developmen…
AS 41.06.035 Reservoir management; commission's regulations.
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(a) The commission may issue well-spacing and pooling orders, place limits on production, and impose reinjection requirements for the purpose of preventing waste and to protect correlative rights in a geothermal system. (b) The commission may adopt regulations under AS 44.62 (Adm…
AS 41.06.040 Regulations; requirements; inspections.
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(a) The commission shall adopt regulations under AS 44.62 (Administrative Procedure Act), issue orders, and take other appropriate action to carry out the purposes and intent of AS 41.06.005 41.06.060, including adopting regulations to prevent (1) geothermal resources, water or…
AS 41.06.050 Permits to drill.
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(a) A person shall apply for and receive a permit from the commission before drilling a well in (1) search of geothermal resources; or (2) support of the recovery or production of geothermal resources. (b) The application required in (a) of this section must contain sufficient in…
AS 41.06.055 Regulatory cost charge for geothermal wells.
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(a) Each person that, on the first day of a state fiscal year, operates a well within the jurisdiction of the commission for which a permit to drill has been issued under AS 41.06.050 shall pay to the commission an annual regulatory charge for each well that has not, before the f…
AS 41.06.060 Definitions.
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In AS 41.06.005 41.06.060, unless the context otherwise requires, (1) commercial use means the sale of heat or power to a third party; (2) commission means the Alaska Oil and Gas Conservation Commission created under AS 31.05.005; (3) correlative rights means the right of…
AS 41.06.105 Jurisdiction over storage facilities.
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The commission has jurisdiction under AS 41.06.105 41.06.210 over storage facilities to prevent waste, protect correlative rights, and ensure public health and safety.
AS 41.06.110 Authority of the commission.
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(a) The authority of the commission applies to all land (1) in the state lawfully subject to the police power of the state, including private land, municipal land, state land, federal land, and land subject to the jurisdiction of the United States; and (2) included in a voluntary…
AS 41.06.115 Waste prohibited.
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Waste in a storage facility or storage reservoir in the state is prohibited. The commission may investigate to determine whether waste exists or is imminent, or whether other facts exist that justify or require action by the commission to prohibit waste. The injection of carbon d…
AS 41.06.120 Storage facility permit.
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(a) A storage operator is required to obtain a permit from the commission to operate a storage facility. (b) A permit may not be transferred unless the commission consents. (c) A person applying for a permit shall (1) request a preapplication meeting with the commission staff; (2…
AS 41.06.125 Hearing on permit application.
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(a) Before issuing a permit for a storage facility, the commission shall hold a public hearing. (b) The commission shall provide notice of a public hearing under this section. The commission shall provide notice in the same manner as a notice under AS 31.05.050(b) and shall provi…
AS 41.06.130 Permit requirements.
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(a) The commission shall consult with the Department of Environmental Conservation and the Department of Natural Resources before issuing a permit under AS 41.06.120. (b) Before the commission may approve a permit application submitted under AS 41.06.120, the commission must find…
AS 41.06.135 Permit provisions.
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The commission may include in a permit or order any parameters necessary to carry out the objectives of AS 41.06.105 41.06.210, prevent waste, protect correlative rights, and ensure the health and safety of persons affected by the permit.
AS 41.06.140 Amalgamating property interests.
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If a storage operator does not obtain the consent of all persons with an ownership interest in the storage reservoir, the commission may order that the pore space rights of nonconsenting owners be included in a storage facility and subject to carbon storage. Before the commission…
AS 41.06.145 Certificate.
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When the commission issues a permit under AS 41.06.120, the commission shall also issue a certificate that states that the permit has been issued, describes the area covered, and contains other information the commission considers appropriate. The storage operator may file a copy…
AS 41.06.150 Environmental protection; storage reservoir integrity.
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(a) The commission shall take action to ensure that (1) substances that compromise the integrity of a storage reservoir do not enter a storage reservoir; and (2) carbon dioxide does not escape from a storage facility. (b) For the purposes of this section, and in the application o…
AS 41.06.155 Preservation of rights.
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Nothing in AS 41.06.105 41.06.210 (1) prejudices the rights of a person with a property interest in a storage facility to exercise rights that have not been committed to the storage facility; or (2) prevents a mineral owner or mineral lessee from drilling through or near a stor…
AS 41.06.160 Carbon Dioxide storage facility administrative fund.
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(a) A storage operator shall pay to the commission a fee on each metric ton of carbon dioxide injected for carbon storage. The commission shall set the amount of the fee based on the anticipated expenses the commission will incur in regulating storage facilities during each phase…
AS 41.06.165 Title to carbon dioxide.
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The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the commission issues a certificate of completion under AS 41.06.170. While the storage operator holds title, the operator is liable for any damage the carbo…
AS 41.06.170 Certificate of completion.
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(a) Once a storage operator discontinues carbon dioxide injections into a storage reservoir, and upon application by the storage operator, the commission may issue a certificate of completion (1) only after public notice and hearing; the commission shall establish notice requirem…
AS 41.06.175 Carbon storage facility injection surcharge.
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(a) A storage operator injecting carbon dioxide at a storage facility shall pay to the commission a surcharge each year for the first 12 years that carbon dioxide is injected at the storage facility. The commission shall deposit the surcharge into the general fund. The legislatur…
AS 41.06.180 Penalties.
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(a) In addition to the penalties in (b) (d) of this section, a person who violates a provision of AS 41.06.105 41.06.210, a regulation adopted under AS 41.06.105 41.06.210, or an order or term of a permit issued by the commission under AS 41.06.105 41.06.210 is liable for…
AS 41.06.185 Enhanced oil or gas recovery.
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(a) Except as provided in (b) of this section, the provisions of AS 41.06.105 41.06.210 do not apply to applications filed with the commission proposing to use carbon dioxide for enhanced oil or gas recovery. (b) The commission may adopt regulations that allow enhanced oil or g…
AS 41.06.190 Cooperative agreements and contracts.
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(a) The commission may enter into agreements with other governments, government entities, and state agencies for the purpose of carrying out the objectives of AS 41.06.105 41.06.210. (b) The commission may enter into contracts with private persons to assist in carrying out the …
AS 41.06.195 Carbon storage capacity of a storage reservoir.
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(a) The commission may adopt a written policy establishing procedures and criteria that the commission will use to determine the carbon storage capacity of a storage reservoir, including for the purpose of enhanced oil or gas recovery. (b) The purpose of determining the carbon st…
AS 41.06.210 Definitions.
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Article 3. Long-Term Monitoring and Maintenance of Carbon Storage Facilities. In AS 41.06.105 41.06.210, unless the context requires otherwise, (1) carbon dioxide means carbon dioxide of a quality that will not compromise (A) the safety of carbon storage; and (B) the properti…
AS 41.06.305 Long-term monitoring and maintenance.
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(a) The department shall conduct long-term monitoring and maintenance of a storage facility that has been issued a certificate of completion under AS 41.06.170. (b) Under this section, the authority of the department applies to all land in the state lawfully subject to the police…
AS 41.08.010 Division of geological and geophysical surveys.
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There is established in the department a division of geological and geophysical surveys under the direction of the state geologist.
AS 41.08.015 State geologist.
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The commissioner shall appoint the state geologist, who must be qualified by education and experience to direct the activities of the division.
AS 41.08.017 Hydrological and seismic hazard data declared to be of public interest.
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(a) Systematic collection, recording, evaluation, and distribution of data on the quantity, location, and quality of water of the state in the ground, on the surface of the ground, or along the coasts, are in the public interest and necessary to the orderly domestic and industria…
AS 41.08.020 Powers and duties.
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(a) The state geologist shall conduct geological and geophysical surveys to determine the potential of Alaskan land for production of metals, minerals, fuels, and geothermal resources; the locations and supplies of groundwater and construction materials; the potential geologic ha…
AS 41.08.025 Accounting and disposition of receipts. [Repealed, § 28 ch 90 SLA 1991. For current law, see AS 37.05.142 — 37.05.144.]
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[Repealed or reserved.]
AS 41.08.030 Printing and distribution of reports.
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The state geologist shall print and publish an annual report and other special and topical reports and maps as may be desirable for the benefit of the state, including the printing or reprinting of reports and maps made by other persons or agencies, where authorization to do so i…
AS 41.08.035 Regulations.
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The department may adopt regulations relating to and providing for the systematic collection, recording, and distribution of data on the water of the state.
AS 41.08.040 Cooperation with other agencies.
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The state geologist, with the consent of the commissioner, may enter into cooperative agreements with federal, state, and local governmental agencies to perform geological and geophysical surveys, studies, investigations, and services.
AS 41.08.045 Fees for facilities, equipment, products, and services.
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(a) Except as provided in (c) of this section, the division of geological and geophysical surveys may charge and collect a fee for facilities, equipment, products, or services that the division offers, including (1) rental of space for confidential sample storage; (2) rental of s…
AS 41.09.010 §§ 41.09.010 41.09.090. Exploration incentive credits; regulations; relationship to AS 38.05; definitions.
AS 41.10.010 Declaration of policy.
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The farm, forest, and grazing land of the state is a basic asset of the state. It is the policy of this chapter, in the interest of the health, safety, and general welfare of the people of the state, to provide for the development, use, and conservation of this land in accordance…
AS 41.10.020 Creation and boundaries of soil conservation district. [Repealed, § 14 ch 69 SLA 1983.]
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[Repealed or reserved.]
AS 41.10.030 Purpose of chapter.
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The purpose of this chapter is to provide for the orderly development of land, for guiding settlement, and for conserving soil and water and soil resources and controlling and preventing soil erosion.
AS 41.10.040 Natural Resource Conservation and Development Board.
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The Alaska Natural Resource Conservation and Development Board is composed of five members. The commissioner or, in the absence of the commissioner, the director of agriculture, serves ex officio but without a vote on the board.
AS 41.10.045 Executive director.
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The commissioner shall appoint an executive director and clerical staff to assist the board.
AS 41.10.050 Appointment.
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The governor shall appoint members of the board subject to confirmation by a majority of the members of the legislature in joint session.
AS 41.10.060 Qualifications of board members.
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Members of the board shall be resident bona fide users of land selected from the five major land areas of the state.
AS 41.10.065 Major land areas of the state.
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The five major land areas of the state are: (1) the Arctic and northwest Alaska; (2) the Yukon and Tanana Valleys; (3) southwest Alaska and the Kenai Peninsula; (4) southcentral Alaska; and (5) southeast Alaska.