reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 7 - Work Commitment › 11 AAC 83.705 - Work commitment modification

Current through May 31, 2024
Application for modification of a work commitment under
					 AS
					 38.05.180(h) must comply
					 with 11 AAC 88.105 and must
(1) state all the facts that may entitle the
				  applicant to a modification of the work commitment;
(2) state the location and status of all past
				  and present activities on the lease;
(3) contain a detailed report of all activity
				  on the lease preceding the filing of the application and must include an
				  accounting for all expenses and costs of operating the lease;
(4) be filed not later than 30 days before
				  the existing deadline for the fulfillment of the term of the work commitment
				  the lessee wishes to be modified;
(5) address all pertinent factors listed in
				  11 AAC 83.700(b)
				  - (e), as appropriate; and
(6) in
				  connection with an application for a waiver under
				  11 AAC 83.700(e),
				  affirm the lessee's readiness and ability to post a performance bond or to
				  provide other security acceptable to the commissioner to assure fulfillment of
				  the work commitment.
Authority:
AS
						38.05.020
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 8 - Exploration Incentive Credit › 11 AAC 83.800 - Exploration incentive credits

Current through May 31, 2024
(a) If the
				  commissioner receives a request for exploration incentive credit, the
				  commissioner will, in his discretion, allow credits for expenditures for both
				  exploratory wells and geophysical work against
(1) oil and gas royalty payable in-value and
				  rental payments payable to the state; or
(2) taxes payable under AS 43.55.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 8 - Exploration Incentive Credit › 11 AAC 83.805 - Credit for exploratory wells

Current through May 31, 2024
Credits may be earned only for one well per sale tract as
					 that tract is defined on the day of a competitive oil and gas lease sale.
					 Actual footage drilled in exploratory wells may earn exploration incentive
					 credits at a rate established by the commissioner. In place of credit for
					 actual footage drilled, expenditures for other operations related to the well
					 will be considered for credit in the following manner:
(1) The cost of constructing and preparing
				  the drilling location will be credited on a case-by-case basis at the
				  discretion of the commissioner, who will determine the specific costs
				  applicable to the exploratory well.
(2) Credits for other costs incurred by the
				  lessee when drilling the exploratory well will also be considered on a
				  case-by-case basis.
(3) At the
				  request of the commissioner, the lessee shall submit all cost information
				  necessary to determine the accuracy of the requested credits. If more than one
				  company participates in drilling the exploratory well, then credit will be
				  allowed in proportion to the participation in the drilling cost of the
				  well.
Authority:
AS
						38.05.020
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 8 - Exploration Incentive Credit › 11 AAC 83.810 - Credit for geophysical work

Current through May 31, 2024
(a) Geophysical
				  exploration costs may be credited at a rate approved by the commissioner in the
				  following manner:
(1) If the applicant
				  desires credits for geophysical work, copies of the geophysical data obtained
				  during the credit time period must be submitted to the commissioner within 90
				  days after completion of collection and processing of data.
(2) The commissioner will inspect the
				  information submitted to ensure that the geophysical work was conducted
				  according to accepted standards of geophysical practice before granting
				  credits.
(3) The applicant is
				  responsible for submitting correct information, for advising the state of any
				  erroneous data previously submitted, and for correcting all errors in the
				  geophysical information.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 8 - Exploration Incentive Credit › 11 AAC 83.815 - Filing of statements

Current through May 31, 2024
(a) Applications for determinations of total
				  exploration incentive credits must be signed and notarized by the lessee or its
				  authorized representative and contain a statement attesting to the truth and
				  accuracy of the information submitted. Applications must be submitted in
				  triplicate to the commissioner and must include an accounting of expenditures
				  and the date the expenditure was made.
(b) Applications for geophysical work credits
				  must be signed and notarized by the person performing the work or his
				  authorized representative and contain a statement attesting to the truth and
				  accuracy of the information submitted. Applications must be submitted in
				  triplicate to the commissioner and contain copies of the required geophysical
				  information.
(c) The commissioner
				  will, in his discretion, request additional information if an application
				  contains insufficient information to determine the accuracy of the request for
				  credit.
(d) Once exploration
				  incentive credit is granted by the commissioner, the commissioner will certify
				  to the grantee the amount of the credit, the work for which the credit was
				  given, the period during which it may be (or has been) earned, and the period
				  during which it may be applied.
(e)
				  Approved credits, when used, must be reported on the monthly royalty or tax
				  payment statement or on the yearly rental payment statement against which they
				  are being applied.
Authority:
AS
						38.05.030
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 8 - Exploration Incentive Credit › 11 AAC 83.820 - Definitions

Current through May 31, 2024
Unless the context clearly requires a different meaning, as
					 used in 11 AAC 83.800 -
					 11 AAC 83.820
(1) "commissioner" means the commissioner of
				  the Department of Natural Resources, State of Alaska;
(2) "exploratory well" means a well drilled
				  for the purpose of oil and gas exploration that
(A) is located three miles or more from any
				  other well drilled for oil and gas with all distances measured as the
				  horizontal distance between exploration targets, or
(B) is within three miles from a well drilled
				  for oil and gas, but tests potential hydrocarbon traps that the commissioner,
				  after analyzing evidence submitted by the lessee and other information,
				  determines constitute a distinctly separate exploration target;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 9 - Exempt Lease Sales › 11 AAC 83.900 - Previously offered land

Current through May 31, 2024
The commissioner will adopt a leasing method under
					 AS
					 38.05.180(f) for exempt
					 lease sales of land previously offered for oil and gas lease.
Authority:
AS
						38.05.020
AS 38.05.145
AS
						38.05.180(w)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 9 - Exempt Lease Sales › 11 AAC 83.901 - Exempt lease sales

Current through May 31, 2024
An "exempt lease sale" or "exempt sale" is a lease sale
					 excepted from the five-year oil and gas lease program requirement by
					 AS
					 38.05.180(d)(1) - (d)(4) or
					 (w).
Authority:
AS
						38.05.020
AS 38.05.145
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 9 - Exempt Lease Sales › 11 AAC 83.910 - Land contiguous to leased land

Current through May 31, 2024
As used in
					 AS
					 38.05.190(d)(2), and
					 notwithstanding
					 11 AAC 88.185(1),
					 "contiguous" means sharing a common boundary or a common corner.
As of Register 209 (April 2014), and acting under
						AS
						44.62.125(b)(6), the
						regulations attorney made a technical change to
						11 AAC 83.910.
Authority:
AS
						38.05.020(b)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 10 - Cook Inlet Discovery Royalty › 11 AAC 83.1000 - Cook Inlet discovery royalty

Current through May 31, 2024
A lessee that drills a well making a discovery of oil or
					 gas in a previously undiscovered pool in the Cook Inlet sedimentary basin and
					 complies with the requirements of
					 11 AAC 83.1000 -
					 11 AAC 83.1049 shall pay a royalty
					 of five percent on all production from that pool produced from or allocated to
					 the discovery lease for 10 years following the date of discovery. If the lessee
					 discovers more than one pool in the discovery well, the commissioner will grant
					 a discovery royalty to each pool that qualifies under
					 11 AAC 83.1000 -
					 11 AAC 83.1049.
Authority:
AS
						38.05.020
AS 38.05.134
AS 38.05.135
AS 38.05.145
AS
						38.05.180(f)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 10 - Cook Inlet Discovery Royalty › 11 AAC 83.1010 - Statement of discovery

Current through May 31, 2024
(a) To establish
				  priority as to time and date of discovery of oil or gas in a pool described in
				  11 AAC 83.1000, the lessee shall
				  file a nonconfidential sworn statement with the commissioner claiming to be the
				  first to have drilled a well making the discovery.
(b) The lessee shall file the statement
				  described in (a) of this section within 30 days after the date of discovery.
				  The statement must include:
(1) the time and
				  date of discovery;
(2) the surface
				  and bottomhole location of the discovery well;
(3) the location, measured depth, and subsea
				  depth of the wellbore penetration of the top and base of the pool;
(4) the name of the geologic formation
				  containing the pool; and
(5) the
				  Alaska lease number and American Petroleum Institute well number of the
				  discovery well.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 10 - Cook Inlet Discovery Royalty › 11 AAC 83.1020 - Evidence of discovery and production in paying quantities

Current through May 31, 2024
(a) Within one year
				  of the discovery well completion date, the lessee shall apply to the
				  commissioner for a discovery well certification. The application must be
				  accompanied by evidence to establish the discovery of a previously undiscovered
				  pool and evidence that a well within the pool is capable of production in
				  paying quantities.
(b) The evidence
				  accompanying the application described in (a) of this section must include:
(1) casing records, perforation data, well
				  test information, electric logs, drilling logs, mud logs, information derived
				  from sample cuttings and logs, and the lessee's pre-drilling and post-drilling
				  interpretation of the prospect;
(2)
				  all geophysical and geochemical data, core analyses, age control, and any other
				  information, data, records or interpretations that the lessee deems pertinent;
				  and
(3) the data required under
				  11 AAC 83.361 to make a
				  certification that a well within the pool is capable of production in paying
				  quantities;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 10 - Cook Inlet Discovery Royalty › 11 AAC 83.1030 - Discovery well certification

Current through May 31, 2024
(a) Within 10 days
				  after receipt of a complete application for discovery well certification, the
				  commissioner will publish notice of the application in a newspaper of general
				  statewide circulation and the division's world wide web page on the Internet.
				  The notice must state that any interested party who objects to the application
				  shall submit written comments to the commissioner within 30 days of the date of
				  the notice. If an interested party objects to the application, the commissioner
				  will, in the commissioner's discretion, conduct an adjudicative hearing on the
				  application, at which time the commissioner will take testimony from the lessee
				  and any interested party. At least 15 days in advance of the hearing, the
				  commissioner will publish a notice of the hearing in a newspaper of general
				  statewide circulation and the division's world wide web page on the Internet,
				  and notify the lessee and any interested party by certified letter. Within 120
				  days after the hearing or after the notice of the completed application, if
				  there is no hearing, the commissioner will either deny or grant the application
				  for a discovery well certification.
(b) If the application for discovery well
				  certification is granted, the commissioner will certify:
(1) the lessee discovered a previously
				  undiscovered pool and shall pay a royalty of five percent on all production
				  from that pool, allocated to the discovery lease under an allocation schedule
				  approved by the commissioner, for the 10 years from the date of discovery, and
				  thereafter shall pay a royalty as provided in the discovery lease;
(2) the lessee has established that the pool
				  has a well capable of producing in paying quantities;
(3) another lessee is not eligible for a
				  discovery well certification of that pool;
(4) the lessee shall pay royalty on any other
				  pool under or within the boundaries of the discovery lease as provided in the
				  discovery lease;
(5) the lessee is
				  not entitled to another discovery well certification on the discovery lease;
				  and
(6) the time and date of
				  discovery.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 10 - Cook Inlet Discovery Royalty › 11 AAC 83.1040 - Revocation or termination of discovery well certification

Current through May 31, 2024
(a) The
				  commissioner will revoke the discovery well certification if the commissioner
				  determines that any material information that was supplied in the application
				  for discovery well certification was false or erroneous. If the commissioner
				  revokes the certification, the lessee shall pay royalty as provided in the
				  discovery lease on all past and future production from the lease. Any underpaid
				  royalty will bear interest as prescribed in
				  AS
				  38.05.135(d).
(b) If the discovery lease is terminated for
				  any cause, the five-percent royalty terminates and the commissioner will not
				  certify another discovery well or reinstate the discovery well certification
				  for the pool.
Authority:
AS
						38.05.020
AS 38.05.134
AS 38.05.135
AS 38.05.145
AS
						38.05.180(f)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 83 - Oil and Gas Leasing › Article 10 - Cook Inlet Discovery Royalty › 11 AAC 83.1049 - Definitions

Current through May 31, 2024
In
					 11 AAC 83.1000 -
					 11 AAC 83.1049, unless the context
					 clearly requires a different meaning:
(1) "commissioner" means the commissioner of
				  the Department of Natural Resources or the commissioner's designee;
(2) "Cook Inlet" means the area bounded by
(A) the north boundary of Township 18 North,
				  Seward Meridian;
(B) the Seward
				  Meridian;
(C) the south boundary of
				  Township 7 South, Seward Meridian; and
(D) the west boundary of Range 19 West,
				  Seward Meridian;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 2 - Phosphates › 11 AAC 84.200 - Phosphate leasing method

Current through May 31, 2024
Phosphate lease authorized by
					 AS
					 38.05.155 are subject to disposition under 11
					 AAC 82.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 3 - Oil Shale › 11 AAC 84.300 - Oil shale leasing method

Current through May 31, 2024
Oil shale leases authorized by
					 AS
					 38.05.160 are subject to disposition under 11
					 AAC 82.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 4 - Sodium › 11 AAC 84.400 - Sodium leasing method

Current through May 31, 2024
(a) Sodium leases authorized under
				  AS
				  38.05.152 for land which the director
				  determines is known to contain valuable deposits of sodium compounds are issued
				  competitively under 11 AAC 82.
(b)
				  Prospecting permits authorized under
				  AS
				  38.05.152 for land not known to contain
				  valuable deposits of sodium compounds are issued noncompetitively under 11 AAC
				  82.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						38.05.165 as
						AS
						38.05.152. As of Register 196 (January 2011),
						the regulations attorney made conforming technical revisions under
						AS
						44.62.125(b)(6), to
						11 AAC 84.400, so that
						cross-references to former
						AS
						38.05.165 now refer to the renumbered
						statute, AS
						38.05.152.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 5 - Sulphur › 11 AAC 84.500 - Sulphur leasing method

Current through May 31, 2024
(a) Sulphur leases authorized under
				  AS
				  38.05.154 for land which the director
				  determines is known to contain valuable deposits of sulphur are issued
				  competitively under 11 AAC 82.
(b)
				  Prospecting permits authorized under
				  AS
				  38.05.152 for land not known to contain
				  valuable deposits of sulphur are issued noncompetitively under 11 AAC
				  82.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						38.05.165 as
						AS
						38.05.152 and former
						AS
						38.05.170 as
						AS
						38.05.154. As of Register 196 (January 2011),
						the regulations attorney made a conforming technical revisions under
						AS
						44.62.125(b)(6) to
						11 AAC 84.500, so that
						cross-references to former
						AS
						38.05.165 and
						38.05.170 now refer to the
						renumbered statutes,
						AS
						38.05.152 and
						38.05.154,
						respectively.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 6 - Potassium › 11 AAC 84.600 - Potassium leasing method

Current through May 31, 2024
(a) Potassium
				  leases authorized under
				  AS
				  38.05.157 for land which the director
				  determines is known to contain valuable deposits of potassium compounds are
				  issued competitively under 11 AAC 82.
(b) Prospecting permits authorized under
				  AS
				  38.05.157 for land not known to contain
				  valuable deposits of potassium compounds are issued noncompetitively under 11
				  AAC 82.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						38.05.175 as
						AS
						38.05.157. As of Register 196 (January 2011),
						the regulations attorney made conforming technical revisions under
						AS
						44.62.125(b)(6) to
						11 AAC 84.600, so that
						cross-references to former
						AS
						38.05.175 now refer to the renumbered
						statute, AS
						38.05.157.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.700 - Purpose

Current through May 31, 2024
(a)11 AAC 84.700 -
				  11 AAC 84.790 establish procedures
				  for the disposal by competitive lease and by noncompetitive prospecting permit
				  of geothermal resources as defined by
				  AS
				  38.05.965(6).
(b) Both a noncompetitive prospecting permit
				  and a competitive lease for geothermal resources constitute a disposal of an
				  interest in state land. Any disposal of geothermal resources must be preceded
				  by a determination under
				  AS
				  38.05.035(e) that the
				  disposal is in the best interest of the state.
(c) The provisions of
				  11 AAC 82.200 and
				  11 AAC 82.205 apply to persons who
				  apply for, obtain, or transfer an interest in a geothermal prospecting permit
				  or lease.
In 1984 the revisor of statutes, acting under
						AS
						01.05.031, renumbered paragraphs in
						AS
						38.05.965 to place definitions in
						alphabetical order; as a result, the definition of "geothermal resources" was
						moved from
						AS
						38.05.965(24) to
						AS
						38.05.965(6). As of Register
						211 (October 2014), the regulations attorney made a conforming technical
						revision under
						AS
						44.62.125(b)(6), to
						11 AAC 84.700(a),
						so that the cross-reference to former
						AS
						38.05.965(24) now refers to
						the renumbered paragraph,
						AS
						38.05.965(6).
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.710 - Call for applications

Current through May 31, 2024
(a) In the absence of substantial geologic
				  indications of geothermal resources, a disposal of geothermal resources will be
				  preceded by a call for applications. The commissioner will, in his discretion,
				  commence a call for applications on his own initiative or in response to
				  requests from persons interested in disposals of geothermal
				  resources.
(b) To commence a call
				  for applications, the commissioner will designate a proposed geothermal
				  disposal area, comprised of identified tracts which are compact, contiguous,
				  and consistent with the acreage limitations of
				  AS
				  38.05.181. The commissioner will invite
				  applications for the tracts during a specified period.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.720 - Determination of tracts as competitive or noncompetitive

Current through May 31, 2024
(a) At the
				  conclusion of the call for applications, the commissioner will determine which
				  tracts within the area subject to the call will be disposed of by competitive
				  lease or noncompetitive prospecting permit, after reviewing available geologic
				  information and the response to the call for applications.
(b) The commissioner will, in his discretion,
				  designate any or all tracts for disposal by competitive lease provided at least
				  two applications have been received for the area in response to the call for
				  applications. However, the commissioner will designate for disposal by
				  competitive lease any tracts which received two or more applications in
				  response to the call for applications.
(c) The commissioner will, in his discretion
				  and subject to a determination under
				  AS
				  38.05.035(e), issue a
				  noncompetitive prospecting permit under
				  11 AAC 84.730 for a tract not
				  designated for disposal by competitive lease but receiving an application in
				  response to the call for applications. A tract not designated for disposal by
				  competitive lease and receiving no applications in response to the call for
				  applications is eliminated from further consideration for disposal absent
				  another call for applications including that tract.
(d) The commissioner will, in his discretion,
				  designate an area for disposal by competitive lease and conduct the disposal
				  without a call for applications if the commissioner determines that available
				  geologic information indicates a substantial likelihood of commercial
				  geothermal resources in the area.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.725 - Competitive geothermal leases

Current through May 31, 2024
The competitive bidding procedures established in
					 11 AAC 82.400 -
					 11 AAC 82.475 apply to areas
					 designated as competitive geothermal areas under
					 11 AAC 84.720.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.730 - Noncompetitive geothermal prospecting permits

Current through May 31, 2024
(a) The
				  commissioner will, in his discretion, issue a noncompetitive geothermal
				  prospecting permit for an initial two-year term to a person exercising a
				  preference right under
				  AS
				  38.05.181(a), and to a
				  person who submits an application for a tract subject to a call for
				  applications, if the tract is not designated for disposal by competitive
				  lease.
(b) The commissioner will,
				  in his discretion, renew a geothermal prospecting permit issued under this
				  section once for a one-year term, if he finds that the permittee has been
				  unable, despite the exercise of reasonable diligence, to show a discovery of
				  geothermal resources in commercial quantities. In this subsection, "reasonable
				  diligence" means the performance of at least $50 per acre worth of drilling,
				  geological, geochemical, or geophysical work on the permit area for the benefit
				  of the permit area during the initial two-year term.
(c) An application for geothermal prospecting
				  permit renewal under (b) of this section must be submitted no later than 60
				  days preceding the date on which the geothermal prospecting permit would
				  otherwise expire and must be accompanied by a copy of all geothermal survey
				  data obtained from the lands under permit. The data must include pertinent
				  tests, records, data surveys, and analyses.
(d) If the application for renewal of
				  geothermal prospecting permit meets the conditions of (b) and (c) of this
				  section, the commissioner will issue the renewal of the permit after receipt of
				  rental fees at the rate of $3 per acre of the permit area for the one
				  year.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.740 - Noncompetitive geothermal leases

Current through May 31, 2024
(a) The
				  commissioner will issue a noncompetitive geothermal lease to a geothermal
				  prospecting permittee if the commissioner determines that the permittee has
(1) submitted information to the commissioner
				  from subsurface test results showing geothermal resources at a temperature and
				  pressure sufficient to meet the requirements of the permittee's proposed
				  development;
(2) discovered
				  geothermal resources in commercial quantities;
(3) complied with the provisions of
				  AS
				  38.05.181(c) governing
				  conversion from permits to leases; and
(4) received approval of a plan of
				  development under
				  11 AAC 84.760.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.745 - Geothermal lease renewal and extension

Current through May 31, 2024
(a) If, at the
				  expiration of the 10-year primary term of a geothermal lease, the lessee has
				  begun operations necessary to drill a geothermal well using equipment located
				  at the lease area of sufficient size and capacity to drill to the total depth
				  proposed in the plan of exploration for the well, the commissioner will, in his
				  discretion, extend the geothermal lease for one five-year term. In this
				  subsection, "operations necessary to drill a geothermal well" includes
				  drilling, redrilling, sidetracking, or other techniques necessary to reach the
				  bottom hole location proposed in the plan of exploration.
(b) Upon notice to the state that commercial
				  production of geothermal resources from the lease has begun, the commissioner
				  will extend the lease for the duration of commercial production.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.750 - Plan of operations

Current through May 31, 2024
(a) Except as provided in (b) of this
				  section, a holder of a geothermal lease or prospecting permit shall have a plan
				  of operations for all or part of the leased area approved by the commissioner
				  before any operations may be undertaken on the area of the geothermal lease or
				  prospecting permit if
(1) the state owns all
				  or part of the surface estate of the lease or prospecting permit
				  area;
(2) the lease reserves a net
				  profit share to the state; or
(3)
				  the state owns all or part of the mineral estate, but the entire surface estate
				  is owned by a party other than the state, and a surface owner requests that the
				  commissioner require and approve a plan of operations for the portion of the
				  leased area owned by that surface owner.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.755 - Plan of exploration

Current through May 31, 2024
(a) Before initiating exploration or
				  prospecting activities that require a land use permit under 11 AAC, a holder of
				  a competitive geothermal lease or a holder of a prospecting permit must submit
				  and receive approval of a plan of exploration.
(b) A plan of exploration must include
(1) a description of the proposed exploration
				  or prospecting activities;
(2) the
				  types of exploratory wells planned, including drilling methods to be used,
				  drilling sequence to be followed, proposed safety measures, drill site and
				  bottom hole locations, and depths of proposed wells; and
(3) the estimated date drilling will
				  commence.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.760 - Plan of development

Current through May 31, 2024
(a) Before the issuance of a noncompetitive
				  geothermal lease or before the commencement of the development of geothermal
				  resources, the submission and approval of a plan of development is required of
(1) a holder of a prospecting permit who
				  discovers geothermal resources in commercial quantities and who applies for a
				  noncompetitive geothermal lease under
				  11 AAC 84.740; and
(2) a holder of a competitive geothermal
				  lease who has discovered geothermal resources.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.770 - Royalty

Current through May 31, 2024
The commissioner will determine before the issuance of a
					 prospecting permit the royalty rate to be applied to the gross revenues derived
					 from the sale, production, or use of geothermal resources, subject to the
					 limitations of
					 AS
					 38.05.181(g).
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.780 - Confidentiality

Current through May 31, 2024
The commissioner will keep confidential the following
					 records, files and materials submitted under
					 11 AAC 84.700 -
					 11 AAC 84.790 upon request of the
					 applicant, nominator, permittee or lessee under
					 AS
					 38.05.035(a)(9):
(1) the name of the person applying for a
				  designated individual tract under
				  11 AAC 84.710(b)
				  until the commissioner determines to proceed with a noncompetitive geothermal
				  disposal for that tract;
(2) the
				  names of the bidders and the amounts of the bids at a geothermal lease sale
				  before the announced time of opening of the bids;
(3) all geological, geophysical and
				  engineering data; and
(4) except as
				  provided in
				  AS
				  38.05.036, all cost and financial information
				  submitted in support of applications, bonds, leases and similar
				  items.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 7 - Geothermal Leasing › 11 AAC 84.790 - Bond

Current through May 31, 2024
(a) For any geothermal operation under a
				  prospecting permit or lease, a surface-damage bond is required in the amount of
				  at least $10 per acre or $10,000, whichever is greater.
(b) The bond required under (a) of this
				  section will be released upon the following conditions:
(1) the expiration or relinquishment of a
				  geothermal prospecting permit or lease; and
(2) the rehabilitation of the prospecting
				  permit area or the lease area to the satisfaction of the
				  commissioner.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.810 - Purpose

Current through May 31, 2024
11 AAC 84.810 -
					 11 AAC 84.950 establish standards
					 and procedures governing the submission of applications to the commissioner and
					 criteria for approval of unit agreements for the exploration and development of
					 geothermal resources, and standards to be followed in conducting lease
					 operations under a geothermal unit agreement approved by the
					 commissioner.
Authority:
AS
						38.05.020
AS 38.05.145
AS 38.05.181
AS
						41.06.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.815 - Criteria

Current through May 31, 2024
(a) The commissioner will approve a proposed
				  unit agreement for geothermal leases if he makes a written finding that the
				  agreement is necessary or advisable to protect the public interest. The
				  commissioner will approve a proposed unit agreement upon a written finding that
				  it will
(1) promote the conservation of all
				  natural resources, including those of all or part of a geothermal
				  system;
(2) promote the prevention
				  of economic and physical waste; and
(3) provide for the protection of all parties
				  of interest, including the state.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.820 - Application for unit approval

Current through May 31, 2024
Any person owning an interest in a geothermal system which
					 is proposed to be committed to a unit which would include a state geothermal
					 lease may propose a unit agreement by applying to the commissioner for approval
					 of the agreement. The following items constitute a complete application for
					 approval:
(1) the unit agreement,
				  including exhibits required under
				  11 AAC 84.860 and
				  11 AAC 84.865, executed by the
				  proper parties;
(2) the unit
				  operating agreement executed by the working interest owners, which is submitted
				  for information only and does not require the commissioner's approval for
				  adoption or amendment;
(3) evidence
				  of reasonable efforts made to obtain joinder of any proper party who has
				  refused to join the unit agreement;
(4) all pertinent geological, geophysical,
				  engineering, and well data, and interpretations of those data, directly
				  supporting the application;
(5) an
				  explanation of proposed modifications, if any, of the standard state unit
				  agreement form; and
(6) the
				  application fee prescribed by 11 AAC 05.110.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.145
AS
						41.06.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.825 - Public notice

Current through May 31, 2024
Within 10 days after receipt of a complete application for
					 approval of a unit agreement, expansion of an approved unit under
					 11 AAC 84.880, or extension of the
					 unit term under
					 11 AAC 84.855(a) (2), the commissioner will publish notice of
					 the application in a newspaper of general statewide circulation and in a
					 newspaper serving the locality in which the unit or proposed unit is located.
					 In addition, the commissioner will, in his discretion, publish notice by radio,
					 television, or other electronic media. If the unit or proposed unit is within
					 the boundary of an organized borough, municipality, regional corporation, or a
					 village corporation organized under Section 8(a) of the Alaska Native Claims
					 Settlement Act, the notice will be mailed to the chief executive officer of the
					 borough or municipality or designated representative of the corporate entity.
					 The notice will also be mailed to the postmaster of each permanent settlement
					 of more than 25 persons located within six miles of the proposed unit area. In
					 the case of a proposed unit expansion, a copy of the notice will be mailed to
					 the unit operator. The notice will include
(1) the name and address of the applicant,
				  and the location of the unit or proposed unit;
(2) a statement explaining the nature of the
				  approval sought;
(3) a statement
				  indicating where copies of the nonconfidential portions of the application may
				  be obtained; and
(4) a statement
				  that any person may file written comments on the application with the
				  commissioner within 30 days after publication of the notice.
Authority:
AS
						38.05.020
AS 38.05.145
AS 38.05.181
AS
						38.05.945
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.830 - Unit approval

Current through May 31, 2024
(a) Within 60 days after the close of the
				  public comment period required by
				  11 AAC 84.825, the commissioner
				  will issue a written decision, approving or disapproving the unit agreement, in
				  which he states the basis for his decision after considering the provisions of
				  11 AAC 84.815.
(b) If the commissioner determines that the
				  provisions of
				  11 AAC 84.815 are not met, the
				  commissioner will, in his discretion, propose modifications which, if accepted
				  by the parties to the proposed unit agreement, would qualify the agreement for
				  approval.
(c) No unit will be
				  approved unless parties to the unit agreement hold sufficient interests in the
				  unit area to give reasonably effective control of operations.
Authority:
AS
						38.05.020
AS 38.05.145
AS 38.05.181
AS
						41.06.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.835 - Copies of application required

Current through May 31, 2024
In submitting an application under
					 11 AAC 84.810 -
					 11 AAC 84.950, the applicant must
					 provide five copies of the nonconfidential portions of the pertinent agreement,
					 plan, modification, or other instrument or document for which approval is
					 sought and two copies of any confidential material submitted. Ten copies of
					 unit plans of operations are required for activities within the coastal
					 zone.
Authority:
AS
						38.05.020
AS
						38.05.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.840 - Standard unit agreement

Current through May 31, 2024
(a) Except as
				  provided in
				  11 AAC 84.945, and as otherwise
				  provided in this section, a unit agreement must be executed on, or in a manner
				  consistent with, a standard state unit agreement form.
(b) The commissioner will allow a
				  modification of the standard state unit agreement form upon request by the unit
				  applicant, when the commissioner determines that the modification is reasonably
				  required to meet the needs and requirements of the particular unit considering
				  the facts and conditions found to exist with respect to that unit, and the
				  proposed modification meets the provisions of
				  11 AAC 84.815. The commissioner
				  will require a modification of the standard state unit agreement form if
				  required to meet the provisions of
				  11 AAC 84.815. Any request by the
				  unit applicant for modification of the standard state unit agreement form must
				  be made in writing not later than the time an application is submitted for
				  approval under
				  11 AAC 84.820 and must include an
				  explanation of proposed modifications.
Authority:
AS
						38.05.020
AS 38.05.145
AS
						38.05.181
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.845 - Parties

Current through May 31, 2024
The record owners of any right, title, or interest in the
					 geothermal system or potential geothermal system to be included in a unit are
					 the proper parties to the unit agreement. All proper parties must be invited to
					 join the unit agreement.
Authority:
AS
						38.05.020
AS 38.05.145
AS 38.05.181
AS
						41.06.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.850 - Unit operator

Current through May 31, 2024
(a) A unit operator must be qualified to hold
				  a lease as provided in
				  11 AAC 82.200 -
				  11 AAC 82.205, and must be
				  qualified to fulfill the duties and obligations prescribed in the unit
				  agreement.
(b) The unit operator
				  may be a working interest owner in the unit area or may be a party selected by
				  the working interest owners.
(c) No
				  designation or change of the unit operator becomes effective until approved by
				  the commissioner. The commissioner will approve or disapprove a proposed change
				  of the unit operator within 30 days after receipt of the request and will
				  explain in writing his basis for disapproval.
Authority:
AS
						38.05.020
AS 38.05.145
AS 38.05.181
AS
						41.06.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.855 - Effective date and term of unit agreement

Current through May 31, 2024
(a) A unit
				  agreement becomes effective upon approval by the commissioner and automatically
				  terminates five years from the effective date unless
(1) a geothermal well in the unit area has
				  been certified as capable of producing geothermal resources in paying
				  quantities, in which case the unit agreement will remain in effect for so long
				  as geothermal resources are produced in paying quantities from the unit area,
				  or for so long as geothermal resources can be produced in paying quantities and
				  unit operations are being conducted in accordance with an approved unit plan of
				  exploration or development, or, should production cease, for so long after that
				  as diligent operations are in progress to restore production and then so long
				  after that as geothermal resources are produced in paying quantities;
				  or
(2) exploration operations have
				  been conducted in accordance with an approved unit plan of exploration, and the
				  commissioner, after issuing written notice under
				  11 AAC 84.825, issues a written
				  decision extending the unit term in which he states the basis for his decision,
				  considering the provisions of
				  11 AAC 84.815; no single extension
				  will exceed five years.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 84 - Other Leasable Minerals › Article 8 - Geothermal Unitization › 11 AAC 84.860 - Unit plan of exploration

Current through May 31, 2024
(a) Unless a unit
				  plan of development is filed under
				  11 AAC 84.865, a unit plan of
				  exploration must be filed for approval by the commissioner as an exhibit to the
				  unit agreement under
				  11 AAC 84.820. The plan must
				  describe the applicant's proposed exploration activities, including the
				  proposed bottom-hole locations, and well depths, and the estimated date
				  drilling will commence. All exploration operations must be conducted under an
				  approved plan of exploration. The commissioner will approve a unit plan of
				  exploration if it complies with the provisions of
				  11 AAC 84.815. If the proposed
				  unit plan of exploration is disapproved, the commissioner will, in his
				  discretion, propose modifications which, if accepted by the unit operator,
				  would qualify the plan for approval.
(b) The unit plan of exploration must be
				  updated and submitted to the commissioner for approval at least 60 days before
				  the expiration date of the previously approved plan, as set out in that plan.
				  The update must describe the extent to which requirements of the previously
				  approved plan were achieved; if actual operations deviated from or did not
				  comply with the previously approved plan, an explanation of the deviation or
				  non-compliance must be included in the update. Within 10 days after receipt of
				  plans of exploration, the commissioner will inform the unit operator as to
				  whether a proposed unit plan of exploration is complete. After the commissioner
				  has determined that a unit plan of exploration is complete, as submitted or
				  modified by the unit operator following the commissioner's suggestions, the
				  commissioner will have an additional 30 days in which to approve or disapprove
				  the plan; if no action is taken by the commissioner, the unit plan of
				  exploration is approved.
(c) The
				  commissioner will approve an update of the unit plan of exploration if it
				  complies with the provisions of
				  11 AAC 84.815. If the proposed
				  update of a unit plan of exploration is disapproved, the commissioner will, in
				  his discretion, propose modifications which, if accepted by the unit operator,
				  would qualify the plan for approval.
(d) The unit operator shall submit an annual
				  report to the commissioner describing the operations conducted under the unit
				  plan of exploration during the preceding year.
(e) The unit operator may, with the approval
				  of the commissioner, amend an approved plan of exploration.
Authority:
AS
						38.05.020
AS 38.05.145
AS 38.05.181
AS
						41.06.020