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2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.010. Designation of land for homestead entry.

(a) The commissioner shall designate and make available for homestead entry state land, including, after consulting with the Board of Agriculture and Conservation (AS 03.09.010), land classified for agricultural use. State land made available for homestead entry under this chapter shall be distributed throughout the state.
(b) The commissioner shall complete a rectangular survey grid of homestead entry state land under AS 38.04.045 before disposing of state land for homestead entry. A homestead entry parcel shall be established in aliquot parts of a surveyed section or as lots or tracts that are fractions of aliquot parts of a surveyed section. The commissioner shall ensure practical access to each homestead entry parcel but the commissioner may waive the rectangular survey grid if no more than one conveyance is made for each section within a township.
(c) Notice of the designation and offering of land for homestead entry shall be given by the commissioner under AS 38.05.945.
(d) Land designated for homestead entry is not subject to a preference right under AS 38.05.
(e) The commissioner shall prescribe a homestead entry procedure for each area designated under (a) of this section. The homestead entry procedure shall establish
(1) the minimum distance between homestead entries in the area;
(2) the dimensions, configuration, orientation, or other design requirements for a homestead entry in the area;
(3) a description of land within the area that may not be included in a homestead entry;
(4) a requirement that a landmark, monument, or other point be used as a point of reference for the measurement of distances within an area;
(5) a specification of the type of stakes to be used to mark the corners of a homestead entry;
(6) the time within which a homestead entry must be staked.
(f) The commissioner shall establish the maximum size of a homestead entry that may be selected in each area designated under (a) of this section except that the commissioner may not permit an entry on more than
(1) 160 acres of land classified for agricultural use; or
(2) 40 acres of land not classified for agricultural use.
(g) The commissioner may limit the number of persons permitted to obtain homestead entries within an area designated under (a) of this section by a lottery of qualified applicants.
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.020. Homestead entry permits.

(a) A homestead entry permit entitles an applicant to enter land within an area designated under AS 38.09.010 and to survey, occupy, and improve the land in order to qualify for a patent under this chapter.
(b) An applicant for a homestead entry permit shall personally stake the corners and flag the boundaries of the land entered under this chapter and shall personally file with the commissioner a description of the land entered. A homestead entry shall be described by aliquot parts unless otherwise permitted by the commissioner. The commissioner may require the applicant to establish a deposit for the costs of survey before issuing the homestead entry permit.
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.030. Qualification for homestead entry.

(a) An applicant for a homestead entry permit shall
(1) submit proof acceptable to the commissioner that the applicant is at least 18 years of age and has been a resident of the state for not less than one year immediately before the date of application;
(2) pay a fee of $5 per acre according to the description provided by the applicant if the entry is on land classified agricultural, or $10 per acre if the entry is on land not classified agricultural;
(3) agree to comply with the requirements of AS 38.09.050;
(4) certify that the corners of the land entered have been staked and the boundaries have been flagged;
(5) assume full responsibility for the accuracy of the description of the land filed with the commissioner under AS 38.09.020(b).
(b) Except as provided in (c) of this section, an applicant may not hold more than one homestead entry permit at one time and may not receive a patent to more than one homestead entry in a lifetime.
(c) The homestead entry permit may not be assigned, conveyed, or in any manner transferred except
(1) by testate or intestate succession;
(2) to a spouse during marriage;
(3) by order of a court as part of a divorce settlement;
(4) to either a member of the immediate family or a grantee of the applicant in the case of an extreme emergency or illness which disables the applicant; or
(5) after the approval of the commissioner, by an exchange between parties in the same homestead area.
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.040. Revocation of entry permits.

(a) A homestead entry permit may be revoked by the commissioner for a substantial breach of the permit conditions or the requirements of this chapter, including
(1) an assignment, conveyance, or transfer of the permit not authorized under AS 38.09.030(c);
(2) failure of the permit holder to submit an aliquot parts description of the homestead entry or, a plat of survey where the commissioner waived the requirement of a rectangular survey grid to the commissioner within five years after the issuance of the permit;
(3) [Repealed, § 38 ch 91 SLA 1997.]
(4) failure to brush the boundaries of the land not described by aliquot parts or as a lot of record within 90 days after issuance of the homestead entry permit;
(5) failure to clear and either put into production or prepare for cultivation either 25 percent of the land classified for agricultural use or 50 percent of the cropland soils, whichever is less, within five years after the issuance of the permit.
(b) [Repealed, § 20 ch 75 SLA 1987.]
(c) If a homestead entry permit is revoked under (a) of this section, improvements or personal property upon the land shall be managed under AS 38.05.090 and the state land remains available for homestead entry under this chapter.
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.050. Issuance of patent.

(a) The commissioner shall issue a patent to homestead entry land if the permit holder
(1) resides and lives on the homestead entry land for not less than 25 months within five years after the issuance of the homestead entry permit;
(2) submits an aliquot parts description or completes an approved survey of the land in an area where the commissioner waives the rectangular survey grid within five years after the issuance of the permit;
(3) [Repealed, § 38 ch 91 SLA 1997.]
(4) brushes the boundaries of the land not described by aliquot parts or as a lot of record within 90 days after the issuance of the permit;
(5) clears and either puts into production or prepares for cultivation either 25 percent of the land classified for agricultural use or 50 percent of the cropland soils, whichever is less, within five years after issuance of the permit.
(b) Nothing in this chapter prohibits a homestead entry permit holder from residing in a temporary dwelling on the homestead.
(c) The commissioner may reserve or exclude from a patent easements or rights-of-way for roads, trails, trap lines, public access ways, utility corridors, and transportation facilities.
(d) [Repealed, § 38 ch 91 SLA 1997.]
(e) [Repealed, § 38 ch 91 SLA 1997.]
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.080. Land within municipalities.

(a) If a municipality has filed a selection of state land under AS 29.65 or former AS 29.18.201 - 29.18.213 with the commissioner, the state land selected may not be designated for homestead entry; if the commissioner determines that land selected by a municipality is not available for patent to the municipality under AS 29.65 or former AS 29.18.201 - 29.18.213, the state land is available for designation by the commissioner for homestead entry under AS 38.09.010.
(b) The disposal of homestead entry land is subject to local platting, recording, or subdivision requirements established under AS 29.35.180 and AS 40.15.
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.090. Purchase.

(a) If an applicant complies with the requirements of AS 38.09.050(a)(2), (4), and (5) and pays to the commissioner an amount equal to five percent of the fair market value within two years of the issuance of an entry permit, an applicant may purchase the land under AS 38.05.065. The purchase price is the fair market value of the land at the issuance of the entry permit as determined by the commissioner.
(b) An applicant who complies with AS 38.09.050(a)(2), (4), and (5), and who tenders the commissioner an amount equal to five percent of the present fair market value of the land within five years of the issuance of the permit may purchase the land under AS 38.05.065. The purchase price is the fair market value of the land at the time of the purchase.
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.100. Lessees of remote parcels.

(a) A lessee of a remote parcel under former AS 38.05.077 may elect to obtain title to the remote parcel under AS 38.09.050. If a lessee of a remote parcel elects to obtain title under AS 38.09.050, July 28, 1983, shall be considered the date of the issuance of the homestead entry permit.
(b) Except as provided in (a) of this section, nothing in this chapter affects the rights and obligations of lessees of remote parcels under former AS 38.05.077.
(c) Notwithstanding the provisions of former AS 38.05.077 and 38.05.078, the heirs or devisees of a deceased lessee of a remote parcel may sell their interest in the lease of the remote parcel. The sellers shall notify the commissioner of the sale.
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.105. Removal of conditions on remote parcel and homestead entry land.

(a) The commissioner may not include the conditions of former AS 38.05.078(d) in a remote parcel purchase contract issued on or after July 1, 1997.
(b) The commissioner shall amend a remote parcel or homestead entry land purchase contract or patent issued before July 1, 1997 to remove the conditions of former AS 38.05.078(d) or former AS 38.09.050(e) if the holder of the purchase contract or patent
(1) requests the amendment;
(2) pays the reasonable administrative costs of the amendment as determined by the commissioner; and
(3) pays the difference, as established by the commissioner, between the land's fair market value before the amendment and the estimated fair market value after the amendment.
2023 Alaska Statutes › Title 38. Public Land › Chapter 09. Homestead Act › Sec. 38.09.900. Definitions.

In this chapter,
(1) “brush” means to clear a swath along the boundary lines of a homestead entry so that the boundary lines may be identified from the ground;
(2) “commissioner” means the commissioner of natural resources;
(3) “resident” means an individual who has resided in the state for one year, is a U.S. citizen and does not claim residence in another state, and shows by all attending circumstances an intent to make this state the individual's permanent residence.
2023 Alaska Statutes › Title 38. Public Land › Chapter 10. Transfer of Tide and Submerged Land › Sec. 38.10.010. Application for transfer.

Upon application by a municipal corporation with a population of less than 5,000 persons according to the latest United States census entitled to a conveyance of tide and submerged land under AS 38.05.820(b), the director of the division of lands of the Department of Natural Resources may make or provide for the making of surveys that may be required for the transfer of tide and submerged land to the municipal corporation, and as may be required for subsequent conveyance of the tide and submerged land by the municipal corporations to occupants of the land who hold preference rights. When the application by the municipal corporation is accepted, the governing body of the municipal corporation shall execute a contract on a form approved by the attorney general providing for the survey under the sole management and supervision of the director and for repayment according to the provisions of this chapter.
2023 Alaska Statutes › Title 38. Public Land › Chapter 10. Transfer of Tide and Submerged Land › Sec. 38.10.020. Surveys.

The survey provided for in AS 38.10.010 shall define the outside boundary of the land to be conveyed to the municipal corporation and shall, on the same or separate plats, show all structures and improvements and the boundaries of each tract occupied or developed, together with the name of the owner or claimant, and shall contain sufficient data to permit preparation of adequate legal descriptions of the tracts to be conveyed. The plats shall provide the same information as to all tracts adjoining the outside boundary of the land to be conveyed to the municipal corporation. A sketch plat, sufficient for its purpose in the opinion of the director, shall indicate the boundaries of each occupied or developed tract as determined by the governing body of the municipal corporation and the sketch plat shall be prepared and submitted to the director before actual surveying shall begin. Nothing in this chapter and nothing in a plat or sketch showing interior subdivision of the land to be conveyed to the municipal corporation shall be construed as a determination of any preference right, nor shall it prohibit adjustment and re-survey of the interior subdivision.
2023 Alaska Statutes › Title 38. Public Land › Chapter 10. Transfer of Tide and Submerged Land › Sec. 38.10.030. Costs and expenses of surveys.

Money shall be appropriated from the general fund in an amount to be determined from time to time by the legislature to facilitate such work. Accounting of all costs and expenses of the surveys shall be made to the municipal corporation by the director periodically and a final accounting shall be made upon patent of the land to the municipal corporation. Costs and expenses chargeable to the city shall include the actual amount expended for the survey and a reasonable allocation of overhead, travel, and equipment expense. The total amount of costs and expenses shall be repaid to the fund through the director by the municipal corporation for whom the survey was made, with interest at six percent a year from the date of patent. The actual cost of survey of each interior subdivision shall be determined by the director. For tracts conveyed to a preference right holder, the state shall be reimbursed by the municipal corporation in the amount of the survey costs of that tract as determined by the director within 30 days after the transfer of each tract. For tracts conveyed, leased, or otherwise disposed of by the municipal corporation, the fund shall be reimbursed by the municipal corporation in an amount equal to 90 percent of the gross proceeds of the sale, lease, or other disposal of each tract until the total amount of the costs and expenses of the survey, with interest, due the state is paid. The total amount, with interest, shall be reimbursed to the state within five years from the date of patent.
2023 Alaska Statutes › Title 38. Public Land › Chapter 20. The Alaska Coordinate System › Sec. 38.20.010. Adoption.

The systems of rectangular plane coordinates established by the National Geodetic Survey, National Ocean Service, National Oceanic and Atmospheric Administration for defining and stating the positions or locations of points on the surface of the earth in this state are adopted. The systems are to be known as the “Alaska Coordinate System of 1927,” the “Alaska Coordinate System of 1983,” and the “Alaska Coordinate System of 2022.”
2023 Alaska Statutes › Title 38. Public Land › Chapter 20. The Alaska Coordinate System › Sec. 38.20.030. Designation of zones.

In any land description in which a coordinate system is used a zone of the coordinate system is designated the “Alaska Coordinate System of 1927, Zone ....................,” the “Alaska Coordinate System of 1983, Zone ....................,” or the “Alaska Coordinate System of 2022, Zone ....................”
2023 Alaska Statutes › Title 38. Public Land › Chapter 20. The Alaska Coordinate System › Sec. 38.20.040. Use of coordinate system.

The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of the point in the appropriate zone of this system, consist of two distances, expressed in U.S. survey feet and decimals of a U.S. survey foot when using the Alaska Coordinate System of 1927, expressed in meters and decimals of a meter when using the Alaska Coordinate System of 1983, and expressed in meters and decimals of a meter or international feet and decimals of an international foot when using the Alaska Coordinate System of 2022. One of these distances, known as the “x-coordinate,” gives the position in an east-and-west direction; the other, known as the “y-coordinate,” gives the position in a north-and-south direction. These coordinates shall be made to depend on and conform to the coordinates of the National Spatial Reference System as determined by the National Geodetic Survey, National Ocean Service.
2023 Alaska Statutes › Title 38. Public Land › Chapter 20. The Alaska Coordinate System › Sec. 38.20.070. Position of system.

(a) The position of the Alaska Coordinate System of 1927 shall be as marked on the ground by triangulation or traverse stations established in conformity with the standards adopted by the National Geodetic Survey, National Ocean Service whose geodetic positions have been rigidly adjusted on the North American datum of 1927 and whose coordinates have been computed on the system defined in this chapter.
(b) The position of the Alaska Coordinate System of 1983 shall be as marked on the ground by triangulation or traverse stations established in conformity with the standards adopted by the National Geodetic Survey, National Ocean Service whose geodetic positions have been rigidly adjusted on the North American datum of 1983 and whose plane coordinates have been computed on the system defined in this chapter.
2023 Alaska Statutes › Title 38. Public Land › Chapter 20. The Alaska Coordinate System › Sec. 38.20.080. Limitation.

Coordinates based on the Alaska Coordinate System, purporting to define the position of a point on a land boundary, may not be presented to be recorded in any public land records or deed records unless the point is within two miles of a horizontal control station established in conformity with National Geodetic Survey, National Ocean Service standards and specifications for first-order, second-order, or third-order work. The two-mile limitation may be modified by a state agency to meet local conditions.
2023 Alaska Statutes › Title 38. Public Land › Chapter 20. The Alaska Coordinate System › Sec. 38.20.090. Use of system name.

(a) The use of the term “Alaska Coordinate System of 1927” on a map, report of survey, or other document is limited to coordinates based on the Alaska Coordinate System of 1927 as defined in this chapter.
(b) The use of the term “Alaska Coordinate System of 1983” on a map, report of survey, or other document is limited to coordinates based on the Alaska Coordinate System of 1983 as defined in this chapter.
(c) The use of the term “Alaska Coordinate System of 2022” on a map, report of survey, or other document is limited to coordinates based on the Alaska Coordinate System of 2022 as defined in this chapter.
2023 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, the Alaska Coordinate System of 1983, or the Alaska Coordinate System of 2022 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.
2023 Alaska Statutes › Title 38. Public Land › Chapter 35. Right-of-Way Leasing Act › 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 obligation, condition, or provision of a right-of-way lease, the attorney general, on advice of the commissioner, shall seek a prohibition or mandatory injunction from the superior court to remedy the violation.
(b) A penalty imposed by the provisions of a right-of-way lease issued under this chapter may be enforced in the superior court by proceedings in personam against the lessee carrier, or, in the case of a lien, by proceedings in rem against any of the lessee carrier's property.
(c) Neither this section nor the state's obtaining an injunction or recovering penalties extinguishes any civil cause of action arising out of a violation of this chapter or the provisions of a right-of-way lease.
2023 Alaska Statutes › Title 38. Public Land › Chapter 35. Right-of-Way Leasing Act › Sec. 38.35.190. Application of the Administrative Procedure Act.

(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.]
2023 Alaska Statutes › Title 38. Public Land › Chapter 35. Right-of-Way Leasing Act › 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 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 commissioner under AS 38.35.100.
(b) The only grounds for judicial review of a decision of the commissioner are
(1) failure to follow the procedures set out in this chapter; or
(2) abuse of discretion so capricious, arbitrary, or confiscatory as to constitute a denial of due process.
(c) Except as provided for an applicant in (a) of this section and notwithstanding any contrary provision of law, an action or decision of the commissioner or other state officer or agency concerning the issuance or approval of a necessary right-of-way, permit, lease, certificate, license, or other authorization for the planning, financing, acquisition, maintenance, development, construction, or initial operation of a natural gas pipeline by the Alaska Gasline Development Corporation under AS 31.25 that uses a right-of-way subject to this chapter may not be subject to judicial review, except that a claim alleging the invalidity of this subsection must be brought within 60 days after May 22, 2013, and a claim alleging that an action will deny rights under the Constitution of the State of Alaska must be brought within 60 days following the date of that action. A claim that is not filed within the limitations established in this subsection is barred. A complaint under this subsection must be filed in superior court, and the superior court has exclusive jurisdiction. Notwithstanding AS 22.10.020(c), except in conjunction with a final judgment on a claim filed under this subsection, the superior court may not grant injunctive relief, including a temporary restraining order, preliminary injunction, permanent injunction, or stay, against the issuance of a necessary right-of-way, permit, lease, certificate, license, or other authorization for the planning, financing, acquisition, maintenance, development, construction, or initial operation of a natural gas pipeline by the Alaska Gasline Development Corporation. In this subsection, “natural gas pipeline” has the meaning given in AS 38.34.099.
(d) An appeal of a permitting decision or authorization by the Department of Environmental Conservation under AS 46.03 or AS 46.14 that is made under a program approved or delegated by the United States Environmental Protection Agency is not
(1) subject to the limitation in (a) of this section;
(2) included in the actions or decisions described in (c) of this section.
2023 Alaska Statutes › Title 38. Public Land › Chapter 35. Right-of-Way Leasing Act › 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, are unaffected by this chapter within the scope of their existing operations, normal expansions, and extensions thereof so long as their original or present purpose and function remains unchanged. This exemption does not apply to a natural gas pipeline constructed outside of the
(1) Southcentral region of the state;
(2) Matanuska-Susitna Borough;
(3) Kenai Peninsula Borough;
(4) Municipality of Anchorage;
(5) Chugach Regional Educational Attendance Area; or
(6) Copper River Regional Educational Attendance Area.
(b) Subject to (a) of this section, if an existing right-of-way is revocable or for a term of years, then upon revocation or expiration this chapter applies.
(c) Applications for pipeline permits which have been filed with the division of lands before May 20, 1972, shall be considered as filed under this chapter but this does not otherwise restrict the authority of the commissioner in acting on these applications under this chapter; however, if the division of lands has, before May 20, 1972, granted right-of-entry to an applicant or issued a letter of no-objection to an applicant, and the applicant thereafter fully complies with all of the terms and conditions originally specified by the division of lands or other agency, these applications are existing valid permits or easements on May 20, 1972.
(d) [Repealed by § 21 ch 3 FSSLA 1973.]
2023 Alaska Statutes › Title 38. Public Land › Chapter 35. Right-of-Way Leasing Act › 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 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 otherwise; provided that the right of the lessee to challenge the power of the state to require such a covenant as owner of the land to be leased or under its police or regulatory powers or otherwise is preserved until such time as action to enforce the covenant is taken by the state.