Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 88 - Practice and Procedure › 11 AAC 88.185 - Definitions

Current through May 31, 2024
As used in 11 AAC 82 - 11 AAC 88 and unless the context
				  clearly requires a different meaning or unless otherwise defined in these
				  chapters,
(1) "adjacent" means
				touching or lying in close proximity, as opposed to "contiguous" which requires
				a common boundary;
(2) "ADL number"
				means the Alaska Division of Lands number assigned by the department to a
				casefile;
(3) "associated
				substances" means all substances except helium produced as an incident of
				production of oil and gas by ordinary production methods and not defined herein
				as oil or gas;
(4) "automated
				clearing house transaction" means an electronic transaction by means of the
				Automated Clearing House network for the interbank clearing of electronic
				payments for participating depository financial institutions;
(5) "cash" means a cashier's or certified
				check, or an electronic fund transfer drawn on any solvent bank in the United
				States, automated clearing house transaction, postal or telegraphic money order
				or legal tender of the United States of America, or any combination of
				these;
(6) "commissioner" means the
				Commissioner of the Department of Natural Resources;
(7) "cooperative agreement" means an
				agreement or plan of development and operation for the recovery of oil and gas
				from any pool, field, or like area or any part thereof in which separate
				ownership units are independently operated pursuant to the agreement without
				allocation of production;
(8)
				"director" means the Director of the Division of Lands or a designee;
(9) "division" means the Division of Lands.
				Department of Natural Resources;
(10) "filing office" means any place
				designated by the director as a filing office for applications, payments and
				filings under 11 AAC 82 - 11 AAC 88;
(11) "gas" means all natural gas, except
				helium gas, and all hydrocarbons produced at a well not defined herein as
				oil;
(12) "leasehold location" or
				"mining leasehold location" means the interests in land subject to a location
				under
				AS
				38.05.205 before a lease has been
				issued;
(13) "legal subdivision"
				means an aliquot part of a section of land according to the public land
				rectangular survey system, not smaller than one-quarter of one-quarter of one
				section of land, containing approximately 40 acres; where a section of land
				contains section lots, "legal subdivision" also means those section lots;
				"legal subdivision" also means a protracted legal subdivision according to any
				protracted public land rectangular survey prepared by the division or Bureau of
				Land Management of the Department of the Interior, and made available to
				prospective applicants for leases;
(14) "leasehold," "mining lease," or "upland
				mining lease" means the interests in land subject to a mining lease issued in
				accordance with
				AS
				38.05.205;
(15) "lessee or permittee of record" means
				the original lessee or permittee under any lease or permit or, if an assignment
				has been approved at any time, the latest assignee whose assignment has been
				approved;
(16) "locatable minerals"
				means those minerals which, on January 3, 1959, were subject to location under
				the United States mining laws (30 U.S.C.);
(17) "location" or "mining location" means a
				location on state-selected land authorized under AS 38.00.275, a mining claim
				made under
				AS
				38.05.195, a leasehold location made under
				AS
				38.05.205 or a prospecting site location made
				under
				AS
				38.05.245;
(18) "locator" means the initial person to
				stake or locate a mining location or the current owner of a mining
				location;
(19) "mineral" means a
				naturally occurring substance with a characteristic chemical composition
				expressed by a chemical formula, including oil and gas;
(20) "notification lessee" means a lessee or
				agent authorized by the lessees to receive notices on behalf of all lessees
				from the state in connection with a lease;
(21) "offshore" means tide and submerged
				lands, that is, those lands lying seaward from the line of mean high
				tide;
(22) "oil" means crude
				petroleum oil and other hydrocarbons, regardless of gravity, that are produced
				in liquid form by ordinary production methods, including liquid hydrocarbons
				known as distillate or condensate recovered by separation from gas other than
				at a gas processing plant;
(23)
				"operating agreement" means an agreement giving the operator the right to carry
				on operations authorized by a lease or leases and to share in production
				obtained from the leased lands;
(24) "option" means an option to obtain an
				assignment of or an operating agreement covering a lease or portion of
				one;
(25) "order" means a
				determination made by the director or the commissioner in accordance with
				authority lawfully vested in them, issued in writing, filed in the permanent
				files of the division, and made available for inspection by the
				public;
(26) "participating area"
				means that part of an oil and gas lease unit area approved as being reasonably
				known to be underlain by hydrocarbons and known or reasonably estimated through
				use of geological, geophysical, or engineering data to be capable of producing
				or contributing to production of hydrocarbons in paying quantities;
(27) "person" includes a natural living
				being, business, or an association of persons;
(28) "pool" means an underground reservoir
				containing or appearing to contain a common accumulation of oil or gas or both;
				each zone of a general structure which is completely separated from any other
				zone in the structure is a pool;
(29) "primary term" means the initial term of
				an oil and gas lease and any extension of it;
(30) "qualified to do business in Alaska"
				means holding the state certificates necessary to lawfully conduct business
				within the state;
(31) "smallest
				legal subdivision" means one-quarter of one-quarter of one section of land,
				containing 40 acres more or less, except where a section contains smaller
				section lots according to the public land rectangular survey or a protracted
				public land rectangular survey prepared by the division or by the Bureau of
				Land Management of the Department of the Interior, and made available to
				prospective applicants for leases, in which case "smallest legal subdivision"
				means those smaller section lots; as to unsurveyed land not covered by such a
				protracted survey, it means a square containing 40 acres, more or
				less;
(32) "status record" means
				the basic record maintained by the division to show the status of every tract
				of land and of leases and applications for leases on them;
(33) "tract" means a parcel offered for
				competitive lease:
(34) "unit
				agreement" means an agreement for the recovery of oil and gas from a pool,
				field or like area, or any part of one, as a single consolidated unit without
				regard to separate ownerships, and for the allocation of production on a basis
				as defined in the agreement; "unit agreement" also includes "cooperative
				agreement" unless the context clearly requires the more restricted
				meaning;
(35) "unit area" means the
				land subject to a unit agreement;
(36) "unit operator" means the person,
				corporation or association designated under a unit agreement to conduct
				operations in or on a unit as specified in the unit agreement;
(37) "working interest" means the interest
				held in lands by virtue of a lease under which the owner of the interest is
				vested with the right to explore for, develop and produce minerals; the right
				delegated to a unit operator by a unit agreement is not a working
				interest.
(38) "state-selected
				land" has the meaning given in
				AS
				38.05.275(b).
Authority:
AS
					 38.05.020
AS
					 38.05.177