Alaska Statutes Title 38, Chapter 38.35 - Right-Of-way Leasing Act

• Sec. 38.35.010 Legislative Declaration of Policy.
  (a) The natural resources of this state in crude oil and natural gas and in its land for transportation of these resources and their...
• Sec. 38.35.015 Powers of the Commissioner.
  The commissioner has all powers necessary and proper to implement the policy, purposes, and provisions of this chapter, so as to subserve, as the...
• Sec. 38.35.017 Limitation on Leases in or Adjacent to the Beaufort Sea.
  (a) Consistent with and in furtherance of the statements of general state policy guiding resource development set out in art. VIII, sec. 1, Constitution...
• Sec. 38.35.020 Grant of Right-Of-way Lease.
  (a) Rights-of-way on state land including rights-of-way over, under, along, across, or upon the right-of-way of a public road or highway or the right-of-way...
• Sec. 38.35.030 Abandonment, Reduction, or Impairment of Service of Pipeline.
  A lessee may not abandon any portion of a pipeline that is subject to a lease granted under this chapter, or operation or transportation,...
• Sec. 38.35.040 Temporary or Emergency Service or Temporary Abandonment, Reduction, or Impairment of Service by Lessee.
  The commissioner may, either upon a request made in the form required by regulation, or in the exercise of discretion without request, authorize or...
• Sec. 38.35.050 Applications for Right-Of-way Leases.
  (a) A person or persons desiring to own a pipeline which is proposed to be located in whole or in part on state land,...
• Sec. 38.35.060 Application for Certificate to Abandon or Diminish Service. [Repealed, Sec. 6 Ch 3 Fssla 1973].
  Repealed or Renumbered
• Sec. 38.35.070 Notice of Application.
  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...
• Sec. 38.35.080 Analysis and Public Hearing.
  (a) The commissioner shall, within a reasonable time after receiving the application, prepare an analysis of the application or of the matter of which...
• Sec. 38.35.090 Multiple Applications for Same Lease.
  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...
• Sec. 38.35.100 Decision on Application.
  (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,...
• Sec. 38.35.110 Term of Lease; Continuation.
  (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...
• Sec. 38.35.120 Covenants Required to Be Included in Lease to a Pipeline that is Not a Natural Gas Pipeline Contract Carrier.
  (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...
• Sec. 38.35.121 Covenants Required to Be in a Lease to a Natural Gas Pipeline that is a Contract Carrier.
  (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...
• Sec. 38.35.122 Products Pipeline Leases.
  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...
• Sec. 38.35.130 Right-Of-way Easements or Leases Acquired From Others.
  (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...
• Sec. 38.35.140 Payment of Rental and Costs.
  (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...
• Sec. 38.35.145 Agreement to Provide for Payment of Preapplication Costs.
  (a) To accommodate preliminary work in advance of the receipt of an application for a lease under this chapter, the department may enter into...
• Sec. 38.35.150 Additional Provisions of Lease. [Repealed, Sec. 14 Ch 3 Fssla 1973].
  Repealed or Renumbered
• Sec. 38.35.160 Transfer of Right-Of-way Lease, Certificates, or Pipeline. [Repealed, Sec. 15 Ch 3 Fssla 1973].
  Repealed or Renumbered
• Sec. 38.35.170 Forfeiture of Lease.
  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...
• Sec. 38.35.180 Suits to Enjoin or Recover Damages for Defaults.
  (a) When in the judgment of the commissioner a person has violated or is about to violate a provision of this chapter or an...
• Sec. 38.35.190 Application of the Administrative Procedure Act.
  (a) AS 44.62.010 - 44.62.320, 44.62.640 and 44.62.950 apply to regulations adopted by the commissioner under the authority of this chapter.(b) [Repealed, Sec. 18...
• Sec. 38.35.200 Judicial Review.
  (a) An applicant or competing applicant or a person who has a direct financial interest affected by the lease who raises objections within 60...
• Sec. 38.35.205 Lease Savings Clause.
  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...
• Sec. 38.35.210 Delegation of Commissioner's Authority.
  The commissioner may delegate to an employee of the Department of Natural Resources or the Department of Law the authority granted under this chapter,...
• Sec. 38.35.220 Continued Operation of Certain Carriers.
  (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,...
• Sec. 38.35.225 Binding Effect of Covenants.
  By entering into a lease under this chapter, the lessee is bound by all the covenants provided for in the lease to the full...
• Sec. 38.35.230 Definitions.
  In this chapter,(1) "commissioner" means the commissioner of natural resources;(2) "coordinate agencies" includes Department of Labor and Workforce Development, Department of Transportation and Public...
• Sec. 38.35.260 Short Title.
  This chapter may be cited as the Alaska Right-of-Way Leasing Act.

Last modified: November 15, 2016