reglab/housing_qa huggingface dataset:
AK Stat § 38.20.100 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 20. The Alaska Coordinate System|Sec. 38.20.100. Use of public land survey descriptions.

When coordinates based on the Alaska Coordinate System of 1927 or the Alaska Coordinate System of 1983 are used to describe a tract of land which in the same document is also described by reference to a subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes recorded, and in the event of a conflict the description by reference to the subdivision, line, or corner of the United States public land surveys prevails over the description by coordinates.
AK Stat § 38.20.110 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 20. The Alaska Coordinate System|Sec. 38.20.110. Use of system not required.

Nothing in this chapter requires a purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Alaska Coordinate System of 1927 or the Alaska Coordinate System of 1983.
AK Stat § 38.34.010 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 34. In-State Natural Gas Pipeline|Sec. 38.34.010. In-state gasline project coordinator.

(a) The position of in-state gasline project coordinator is created in the Office of the Governor. The Office of the Governor shall provide administrative support for the position. The position shall continue until one year after commencement of commercial operation of the in-state natural gas pipeline. (b) The governor shall appoint an individual to the position of in-state gasline project coordinator. The coordinator is in the exempt service under AS 39.25.110. The person serving as the in-state gasline project coordinator may be removed from the position at the discretion of the governor, who shall appoint another person to the position. (c) The in-state gasline project coordinator shall collaborate with other state agencies or entities to coordinate and facilitate the provisions of AS 31.25.007 and AS 38.34.020.
AK Stat § 38.34.020 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 34. In-State Natural Gas Pipeline|Sec. 38.34.020. Expedited construction and operation or expansion of an Alaska Gasline Development Corporation project.

(a) [Renumbered as AS 31.25.007.]  (b) Notwithstanding any contrary provision of law, a state agency or entity may not include in any project certificate, right-of-way, permit, or other authorization a term or condition that is not required by law if the in-state gasline project coordinator determines that the term or condition would prevent or impair, in any significant respect, the expeditious construction and operation or expansion of a project under AS 31.25 (Alaska Gasline Development Corporation). (c) Unless required by law, a state agency or entity may not add to, amend, or abrogate any certificate, right-of-way, permit, or other authorization if the in-state gasline project coordinator determines that the action would prevent or impair, in any significant respect, the expeditious construction, operation, or expansion of a project under AS 31.25 (Alaska Gasline Development Corporation).
AK Stat § 38.34.099 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 34. In-State Natural Gas Pipeline|Sec. 38.34.099. Definitions.

In this chapter, (1) “Alaska Gasline Development Corporation” means the corporation created under AS 31.25.010; (2) “in-state natural gas pipeline” and “natural gas pipeline” have the meanings given in AS 31.25.390.
AK Stat § 38.35.010 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 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 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 people of this state. It is the policy of this state that the development, use, and control of a pipeline transportation system be directed to make the maximum contribution to the development of the human resources of this state, the increase in the standard of living for all of its residents, the advancement of existing and potential sectors of its economy, the strengthening of free competition in its private enterprise system, and the careful protection of its incomparable natural environment. (b) The State of Alaska reserves unto itself all rights, powers, privileges, and immunities not preempted by federal interstate commerce laws and regulations in the right-of-way leasing of any state land for pipeline construction, transmission, or operation within its boundaries.
AK Stat § 38.35.015 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 exercise of reasoned discretion determines, the public interest, convenience and necessity, including but not limited to (1) granting leases of state land for pipeline right-of-way purposes; (2) leasing, purchasing, or otherwise acquiring (including condemning by declaration of taking) easements or other interests in land in this state for the purpose of utilizing or granting leases of the land, easements, or interests for pipeline right-of-way purposes; (3) purchasing interests in pipelines in accordance with options included in right-of-way leases; (4) investigating any matters concerning any lessee with a view to assuring compliance by it with its right-of-way lease, this chapter, and any other applicable state or federal law; (5) developing from time to time and maintaining a comprehensive master plan for pipeline transportation development; (6) developing and promoting programs to foster efficient, economical, and safe pipeline transportation services in the state; (7) coordinating the activities of the commissioner under this chapter with the transportation and other relevant activities of other public agencies and authorities; (8) constructing, extending, enlarging, improving, repairing, acquiring, operating, or engaging in transportation, service, or sale by any pipeline or providing for these by contract, lease, or other arrangement on those terms that the commissioner may consider necessary, convenient, or desirable with any agency, corporation, or person, including but not limited to any carrier or any state agency, when the commissioner determines that a lessee carrier is not willing to undertake and complete the action within a reasonable time, and to sell, lease, grant, and dispose of any property constructed or acquired in the exercise of this power.
AK Stat § 38.35.020 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 of a railroad or other public utility, or across, upon, over, or under a river or other body of water or land belonging to or administered by the state may be granted by noncompetitive lease by the commissioner for pipeline purposes for the transportation of oil, products, or natural gas under those conditions prescribed by law or by administrative regulation. Except to the extent authorized by an oil and gas lease, a gas only lease, or an oil and gas or gas only unit agreement approved by the state, no person may engage in any construction or operation of any part of an oil, products, or natural gas pipeline, which in whole or in part is or is proposed to be on state land unless that person has obtained from the commissioner a right-of-way lease of the land under this chapter. (b) The commissioner may by regulation exempt the construction or operation of field gathering lines or any reasonable classification of them from the requirement of a right-of-way lease under this chapter. (c) The commissioner may provide in a lease issued under this section that a lessee may, with the approval of the commissioner, use materials from state land when necessary to protect state land and resources from the dangers or hazards resulting from damage caused by a pipeline disaster or emergency. If the commissioner approves the use of state materials under this subsection, the materials remain the property of the state until the material is sold to the lessee in accordance with the provisions of the lease. However, the approval does not transfer responsibility for clean up of the materials to the state.
AK Stat § 38.35.030 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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, service, or sale by it, or reduce or impair service, except in accordance with the terms of the lease or AS 38.35.040.
AK Stat § 38.35.040 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 require temporary or emergency rendering of service or temporary or emergency abandonment, reduction, or impairment of service by a pipeline of a lessee without compliance with AS 38.35.050 - 38.35.100. Nothing in this section prevents a carrier from temporarily suspending operations in the event of an emergency which threatens public health or safety; however, notice shall be given the commissioner as soon as possible.
AK Stat § 38.35.050 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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, 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 regulation, and shall include any and all data, information, plans, and exhibits which the commissioner determines are necessary to prepare the analysis required by AS 38.35.080 and to make a decision under AS 38.35.100. (c) Any amendment to an application filed under this section that constitutes a substantial change in the application is subject to all provisions of this chapter applying to an original application. For purposes of this subsection, (1) an amendment constitutes a substantial change in the application only if the amendment proposes (A) a net increase in the amount of state acreage to be leased for the right-of-way that exceeds by at least 10 percent the amount of the acreage in the applicant's original application; (B) a change in the design of the pipeline that would use less effective environmental or safety mitigation measures or less advanced technology than proposed in the original application; or (C) a fundamental change in the general route, which would include the origin or terminus, as set out in the original application; (2) in calculating the percentage increase in acreage under (1)(A) of this subsection, each of the following must be excluded: (A) the acreage attributable to an amendment of a right-of-way originally issued by the federal government, whether administered by the state or the federal government; and (B) land subject to an existing federal right-of-way grant held by the applicant that is transferred to the state for its administration. (d) All persons owning or planning to own an interest in a pipeline or proposed pipeline subject to a lease must join in the application under (a) of this section. Any person employed by the lessee in operating the pipeline is bound by the covenants of the lease applicable to functions within the scope of employment as if the person were an applicant under the lease and the state may enforce any breach of a covenant directly against an operator who is not in compliance with the covenant.
AK Stat § 38.35.070 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 published in the vicinity of the location of the proposed pipeline, the notice to include: (A) a general description of the land involved; (B) a summary of the substance of the application; (2) file copies of the application with each coordinate agency; (3) furnish at cost copies of a notice or application to persons requesting them; and (4) provide other publication and notice the commissioner considers reasonable and appropriate to inform the public of the application.
AK Stat § 38.35.080 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 the commissioner was notified, including a proposal for action if feasible; a proposed lease and a general statement of the basis and purpose of the commissioner, if favorable action is proposed; or, when a proposal for action is not feasible before a hearing, a description of the subjects and issues involved. (b) Upon completion of the analysis but not less than 30 days before the date set for hearing an application or an amendment to an application that, under AS 38.35.050(c), constitutes a substantial change in the application, the commissioner shall publish notice, and make copies available as provided in AS 38.35.070. (c) The commissioner shall set all applications for public hearing as soon as practicable, if a public hearing on an application is requested by any person within 30 days of publication of notice under AS 38.35.070(1) or if the proposed action being considered involves a substantial public interest. The commissioner shall set the application for public hearing and publish notice of the time and place of the public hearing at least 30 days before the hearing. (d) The provisions of the Administrative Procedure Act (AS 44.62) do not apply to hearings held under this section.
AK Stat § 38.35.090 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 shall consider the applications upon a comparative basis. The commissioner may extend the time within which a carrier may submit an application for consideration upon a comparative basis with a previously filed application.
AK Stat § 38.35.110 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 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 operation and is in full compliance with all state law, including but not limited to state law pertaining to regulation and taxation of the pipeline facility, and is in compliance with all terms of the lease. In making this determination, the commissioner shall take into consideration the cost of the proposed pipeline, its useful life, and the probable financing requirement for the proposed pipeline. (b) If the lessee has timely requested and is pursuing renewal and the determination on the renewal has not been issued before expiration of the existing lease term, the commissioner shall continue the lease subject to the terms and conditions that were applicable to the lease in effect at the time of expiration of the lease's term until the commissioner issues a final determination on the renewal.
AK Stat § 38.35.121 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 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 lessee expressly covenant in the lease, in consideration of the rights acquired by it under the lease, that (1) except for the covenants in AS 38.35.120(a)(1), (2), and (5), it will meet the requirements of AS 38.35.120; (2) it will interchange natural gas and provide connections with each public utility pipeline, common carrier pipeline, or contract carrier pipeline, and facilities for the interchange of natural gas at every locality reached by both pipelines when the necessity exists, as provided in contracts on file with the Regulatory Commission of Alaska; (3) it assumes the status of and will perform all of its functions undertaken under the lease as a contract carrier and, subject to contracts with shippers, will accept, convey, and transport, without discrimination, natural gas delivered to it for transportation from fields in the vicinity of the pipeline subject to the right-of-way lease throughout the pipeline route, both on state land obtained under the lease and on other land, and that, subject to contracts with shippers, it will accept, convey, and transport natural gas without unjust or unreasonable discrimination in favor of itself or one producer or person against another, but will take the natural gas delivered or offered without unreasonable discrimination; (4) it will expand the natural gas pipeline on commercially reasonable terms that, when possible, encourage exploration and development of gas resources in this state without increasing transportation costs for a shipper except as provided for in the contract with the shipper; in this paragraph, “commercially reasonable terms” means terms that produce sufficient revenue from transportation contracts to cover the cost of the expansion, including increased fuel costs and a reasonable return on capital, without impairing the ability of the pipeline to recover the costs of existing facilities; (5) it will not require a shipper to pay a rate in excess of the rates provided for in the contract with that shipper. (b) A contract carrier may offer to a shipper firm transportation service, interruptible transportation service, or both. In this subsection, “firm transportation service” has the meaning given in AS 42.08.900. (c) The lessee may not construct or expand or allow the construction or expansion of a natural gas pipeline under (a) of this section to be a competing natural gas pipeline project for purposes of AS 43.90. In this subsection, “competing natural gas pipeline project” has the meaning given in AS 43.90.440.
AK Stat § 38.35.122 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 pipeline right-of-way purposes.
AK Stat § 38.35.130 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 and acquire leases of or easements or rights-of-way on land in the state required for right-of-way purposes for a pipeline subject to the lease on behalf of and as agent for the state in which title to or interest in the land shall vest. (b) The lease shall contain a covenant that the land, right-of-way, or easement acquired under this section is or will form part of the land leased to the lessee.
AK Stat § 38.35.140 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 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 appraised fair market rental value shall be adjusted at five-year intervals and charges or adjustments shall be based on a reappraised annual rental value. Rental may not be charged for any land acquired by the lessee under AS 38.35.130(b) and conveyed without cost to the state. (b) The lease applicant or lessee shall reimburse the state for all reasonable costs incurred in processing an application filed under AS 38.35.050 and in monitoring the construction, operation, maintenance, and termination of the pipeline on the right-of-way. The commissioner shall use best efforts to reach agreement with the lessee addressing the details of cost reimbursement under this subsection and shall provide the lessee with an annual estimate of the projected costs and scope of the work. (c) Notwithstanding (a) of this section, a right-of-way lease shall be granted without appraisal or rental costs to the Alaska Gasline Development Corporation created under AS 31.25.010.
AK Stat § 38.35.145 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 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 on state land. The agreement must provide that the prospective lessee reimburse the department for the reasonable costs of work incurred in preparing for activities before receipt of an application. (b) Expenditure of amounts received by the department under (a) of this section is subject to appropriation by the legislature. Appropriations made to satisfy the requirement of (a) of this section may be made by general appropriations of program receipts conditioned on compliance with the program review provisions of AS 37.07.080(h). (c) [Repealed, § 1 ch 21 SLA 2004.]
AK Stat § 38.35.170 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|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 within the control of the lessee or failure of an owner of an interest in the granted right-of-way substantially to comply with the terms of the right-of-way shall be grounds for forfeiture of the right-of-way interest of the lessee or owner in an action brought by the commissioner in the superior court. Before the commencement of any action for forfeiture of an interest in a right-of-way under this section, the commissioner shall give the lessee or owner of the interest notice in writing of the alleged default and shall not commence the proceeding unless the lessee or owner of the interest has failed to initiate good faith efforts to cure the default within 60 days of the notice of the alleged default.