reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 80 - Pipeline Right-of-Way Leasing › 11 AAC 80.065 - Applications for renewal

Current through May 31, 2024
(a) A lessee who
				seeks to renew a lease of state land for pipeline right-of-way purposes must
				submit an application for renewal of the right-of-way lease no later than two
				years before lease expiration, unless otherwise provided in the right-of-way
				lease. Upon request by the lessee, the commissioner may waive this
				deadline.
(b) Upon receipt of an
				application for renewal, the commissioner will publish notice of it consistent
				with AS
				38.35.070.
Authority:
AS
					 38.05.020
AS 38.35.015
AS
					 38.35.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 80 - Pipeline Right-of-Way Leasing › 11 AAC 80.075 - Renewal determination

Current through May 31, 2024
(a) Within a reasonable time after receipt of
				the lessee's application to renew a lease of state land for pipeline
				right-of-way purposes, the commissioner will make, in the exercise of reasoned
				discretion, a written determination whether the requirements of
				AS
				38.35.110 have been satisfied.
(b) The commissioner will obtain and evaluate
				information that the commissioner considers reasonably necessary to make a
				determination under (a) of this section, including
(1) information from the lessee, as required;
				the commissioner may require the lessee to provide information that the
				commissioner considers relevant to determining compliance with
				AS
				38.35.110; and
(2) independent analyses and
				reviews.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 80 - Pipeline Right-of-Way Leasing › 11 AAC 80.085 - Notice and comment

Current through May 31, 2024
(a) The commissioner will provide the written
				determination required by
				11 AAC 80.075 to the
				lessee.
(b) Consistent with
				AS
				38.35.070, the commissioner will publish
				notice of the written determination and a statement regarding whether the
				commissioner intends to renew the right-of-way lease. The commissioner will
(1) make copies of the written determination
				and the lease available to the public for viewing;
(2) provide copies of the written
				determination, upon request, to the public at cost; and
(3) if the terms of the lease will change
				upon renewal, provide copies of the new proposed lease, upon request, to the
				public at cost.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 1 - Availability of Land › 11 AAC 82.100 - Applicability

Current through May 31, 2024
The provisions of this chapter apply to the leasing and
					 administration of all land under
					 AS
					 38.05.135-38.05.183, Leasing of Mineral
					 Lands, except as may be specifically provided by the statute or the sections of
					 the regulations dealing with a specific mineral. In the event of a conflict
					 between this chapter and any express and specific provisions of a lease or
					 permit carrying an interest in land issued before the effective date of the
					 conflicting regulations, the provision of a lease or permit shall control,
					 unless otherwise agreed by the lease holder and the
					 commissioner.
Authority:
AS
						38.05.020
AS
						38.05.135
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 1 - Availability of Land › 11 AAC 82.105 - Classification for leasing

Current through May 31, 2024
All land not required to be leased competitively by law or
					 not classified competitive by order of the commissioner is classified
					 noncompetitive for mineral leasing purposes. A change of classification from
					 noncompetitive to competitive rejects any pending application for
					 noncompetitive lease or permit for the land reclassified.
Authority:
AS
						38.05.020
AS 38.05.135
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 1 - Availability of Land › 11 AAC 82.110 - Opening noncompetitive land

Current through May 31, 2024
(a) Noncompetitive
				  land, including shoreland, is not open for lease or permit until the
				  commissioner has published a notice declaring land open for lease or
				  permit.
(b) The notice of opening
				  must describe the areas and minerals open. In addition, for any land made
				  available by the opening, the notice must
(1)
				  describe the area or areas available;
(2) specify the method of land description to
				  be followed in making applications for leases or permits;
(3) state the date upon which application may
				  first be received;
(4) state that
				  all applications received within 30 days after the stated date are considered
				  to be filed simultaneously and that the first three priorities among those
				  applications is determined by public drawing;
(5) state that the lease or permit form and
				  forms for lease or permit applications may be obtained and the applicable
				  regulations examined at a designated office of the Department of Natural
				  Resources and state the address of the office.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 1 - Availability of Land › 11 AAC 82.115 - Opening competitive land

Current through May 31, 2024
Competitive land is not open to leasing until the
					 commissioner publishes a notice of lease offer as prescribed in
					 11 AAC 82.415.
Authority:
AS
						38.05.020
AS 38.05.135
AS
						38.05.345
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 2 - Qualifications › 11 AAC 82.200 - Qualifications

Current through May 31, 2024
(a) Leases, oil and gas exploration licenses,
				  or permits issued under
				  AS
				  38.05.131-38.05.184 may be applied for,
				  issued to, or held by
(1) a person who has
				  reached the age of majority;
(2) a
				  corporation qualified to do business in Alaska;
(3) a legal guardian or trustee of a
				  qualified individual;
(4) an
				  association of entities listed in this subsection.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 2 - Qualifications › 11 AAC 82.205 - Statement of qualifications

Current through May 31, 2024
(a) An individual,
				  in order to be qualified to apply for, obtain, or transfer an interest in a
				  permit, oil and gas exploration license, or lease issued under
				  AS
				  38.05.131-38.05.184,
				  shall submit to the department
(1) a signed,
				  dated statement including the applicant's name, address, telephone number, and
				  a certification that the applicant is of the age of majority; or
(2) in case of a guardian, trustee, or other
				  legal representative of a person, a certified copy of the court order
				  authorizing the representative to act in that capacity and to fulfill on behalf
				  of the person all obligations arising under the lease, oil and gas exploration
				  license, or permit, and the representative's certification of the age of the
				  person and the representative; or
(3) in the case of an agent acting on behalf
				  of an individual, an original or certified copy of a notarized power of
				  attorney authorizing the agent to act on behalf of the individual.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 3 - Acreage Limitations › 11 AAC 82.300 - Chargeable acreage

Current through May 31, 2024
(a) The acreage limitations imposed by AS
				  38.05 apply to all acreage held or controlled, directly or indirectly, whether
(1) by lease or permit interest in
				  it;
(2) by ownership or control of
				  stock in a corporation or corporations holding or controlling chargeable
				  acreage; or
(3) under option,
				  operating agreement, sublease, trust, contract or written or oral understanding
				  of any kind from others.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 3 - Acreage Limitations › 11 AAC 82.305 - Statements

Current through May 31, 2024
At any time any person holding or controlling chargeable
					 acreage may be required by the commissioner to file with the department a
					 statement showing, as of a specified date, the serial number and the date of
					 each lease or permit in which he holds or controls any interest, setting forth
					 the acreage covered by it, the nature and extent of his interest in it and the
					 acreage chargeable to him by virtue of that interest.
Authority:
AS
						38.05.020
AS 38.05.140
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 3 - Acreage Limitations › 11 AAC 82.310 - Reduction of holdings

Current through May 31, 2024
If a person holds or controls acreage in excess of the
					 prescribed limitations, the commissioner will give notice of the excess acreage
					 to the person. The person shall, within 90 days following receipt of the
					 notice, by assignment or surrender, reduce the acreage held or controlled to
					 the prescribed limitation and file proof of the reduction with the
					 commissioner. If a person fails to reduce the acreage within the allowed time,
					 the last interest or interests acquired by the person that created the excess
					 acreage holding become in default and subject to forfeiture in their entirety,
					 even though only part of the acreage in the lease, oil and gas exploration
					 license, or interest constitutes excess holding.
Authority:
AS
						38.05.020
AS 38.05.131
AS 38.05.132
AS 38.05.140
AS
						38.05.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.400 - Parcels offered for competitive lease

Current through May 31, 2024
Competitive land will be offered for lease at the
					 discretion of the commissioner in lease parcel which the commissioner may
					 determine to be as nearly compact in form as possible. The commissioner may
					 defer or remove any parcel or acres in a parcel from an offering
(1) before bid opening without notice; the
				  department will return unopened bids received for a parcel that is deferred or
				  removed from an offering under the paragraph, including any bid deposits
				  submitted; or
(2) after bid
				  opening and before lease issuance, with notice to the apparent high
				  bidder.
Authority:
AS
						38.05.020
AS
						38.05.135
AS 38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.405 - Method of bidding

Current through May 31, 2024
Bidding may be by sealed bid or at public outcry auction,
					 including online bidding, unless otherwise prescribed by law or regulation
					 dealing with the subject. If not so prescribed, the method of bidding is at the
					 discretion of the commissioner.
Authority:
AS
						38.05.020
AS
						38.05.145
AS
						38.05.150
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.410 - Minimum bid

Current through May 31, 2024
The commissioner may prescribe the minimum bid that will be
					 considered at any lease sale. Prescribing a minimum bid does not prevent the
					 rejection of bids as provided in
					 11 AAC 82.450.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.415 - Public notice

Current through May 31, 2024
(a) Notice required under
				  AS
				  38.05.945(a)(3) of a
				  decision under
				  AS
				  38.05.035(e) will
(1) describe the land and interests in that
				  land proposed to be offered for disposal;
(2) note the public availability of the
				  division's preliminary analysis for the disposal;
(3) contain any other information the
				  director determines to be necessary to inform the public about the disposal;
				  and
(4) provide an opportunity for
				  public comment regarding the proposed disposal.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.420 - Bid form

Current through May 31, 2024
Bids must be signed and submitted on a bid form supplied or
					 approved by the department for the particular lease offer or on a verbatim copy
					 of one. No bid containing or accompanied by any condition, qualification, or
					 material alteration may be considered.
Authority:
AS
						38.05.020
AS
						38.05.035
AS
						38.05.145
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.423 - Bid service charges

Current through May 31, 2024
A bidder shall be responsible for commission or like
					 compensation payable to any third-party vendor hosting an online offering for
					 submitted bids; including handling and transfer of bid
					 deposits.
Authority:
AS
						38.05.020
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.425 - Bid deposit

Current through May 31, 2024
Any bid deposit required by statute, regulation, or
					 instruction provided by the department must be in United States dollars and in
					 one of the following forms of payment or combination of forms of payment
(1) cash;
(2) cashier's or certified check drawn on any
				  solvent bank in the United States and made payable to the Department of Natural
				  Resources;
(3) money order made
				  payable to the Department of Natural Resources; or
(4) electronic funds transfer, wire transfer,
				  or automated clearing house transaction for the use and benefit of the state,
				  including if a third-party vendor approved by the department hosts an online
				  disposal.
Authority:
AS
						38.05.020
AS
						38.05.145
AS
						38.05.860
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.428 - Qualification of bidders

Current through May 31, 2024
Before the date of a competitive lease sale, a bidder must
					 comply with
					 11 AAC 82.200 and
					 11 AAC 82.205.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.430 - Joint bids

Current through May 31, 2024
(a) A bid with two or more bidders must
(1) be submitted on a bid form supplied by or
				  approved under 11 AAC 82.420;
(2)
				  state the percent interest of each bidder;
(3) designate one bidder who is authorized to
				  receive notices on behalf of all the bidders; and
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.435 - Bids at auction

Current through May 31, 2024
Each bidder at a sale by sealed bid or public outcry
					 auction, including online bidding, shall submit to the commissioner, other
					 officer, or other entity authorized by the commissioner conducting the sale,
					 the deposit and information required by 11 AAC 82.415 - 11 AAC 82.430 in
					 accordance with instructions provided by the department.
Authority:
AS
						38.05.020
AS
						38.05.145
AS
						38.05.180
AS
						38.05.860
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.440 - Opening bids, holding auctions

Current through May 31, 2024
Sealed bids, including bids received online, must be opened
					 publicly, and public auctions must be held at the time and place specified in
					 the public notice issued in accordance with 11 AAC 82.415 No bid which the
					 commissioner determines to be nonresponsive to the sale notice may be given
					 further consideration at the public sale proceeding.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
AS
						38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.445 - Incomplete bids

Current through May 31, 2024
No bid may be considered unless supported by the deposit
					 and information required by
					 11 AAC 82.425,
					 11 AAC 82.428, and
					 11 AAC 82.430 unless the
					 commissioner determines that any omission was immaterial or due to excusable
					 inadvertence and if the omission is corrected in the manner provided by notice
					 of sale.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.450 - Rejection of bids

Current through May 31, 2024
The commissioner may reject any or all bids on any tract or
					 tracts before a lease is awarded.
Authority:
AS
						38.05.020
AS
						38.05.135
AS
						38.05.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.455 - Tie bids

Current through May 31, 2024
If two or more sealed bids are equal in amount and are the
					 highest received at a lease sale, or for an oil and gas exploration license,
					 the commissioner will promptly notify the highest bidders and invite them to
					 submit new bids, not lower than the original bids, within 30 days after the
					 notice. If the new bids fail to break the tie, the commissioner will, in the
					 commissioner's discretion, issue new invitations in like manner until the tie
					 is broken, or will at any time notify the bidders that a drawing will be held
					 at a time and place stated in the notice and award the lease or oil and gas
					 exploration license by lot.
Authority:
AS
						38.05.020
AS 38.05.131
AS 38.05.133
AS
						38.05.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.460 - Additional information

Current through May 31, 2024
Before the right to a lease is awarded, any bidder may, on
					 his own initiative or at the request of the commissioner, submit additional
					 information regarding his financial responsibility and his
					 qualifications.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.465 - Bonus; rental; bond

Current through May 31, 2024
(a) When the right to a lease is awarded, the
				  department will notify the successful bidder or designee under 11 AAC 82.430.
				  The successful bidder shall wire transfer federal funds in the amount of the
				  balance of the cash bonus, first year's annual rental, submit two copies of the
				  lease form fully executed by the high bidder, and, if required, file a bond or
				  pay accrued interest within the period specified in the award notice. If an
				  apparent high bidder fails to comply with the provisions of this section, the
				  bidder shall forfeit rights to the awarded lease and
(1) forfeit the bid deposit; or
(2) if leased under AS 38.05.180, forfeit 20
				  percent of the bonus bid; the department will issue any refund, if applicable,
				  in compliance with 11 AAC 82.475.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.466 - Rental reduction determination

Current through May 31, 2024
For oil and gas, or gas only leases, with rental increases
					 during the primary term, an application for a rental reduction determination
					 under the terms of a lease agreement must be received at least 90 days before
					 the lease anniversary date where the rental rate increases above $20 per acres
					 rental reduction determination application must be made on the form required by
					 the department.
Authority:
AS
						38.05.020
AS 38.05.35
AS 38.05.180
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.470 - Issuance of lease

Current through May 31, 2024
Upon compliance with sec. 465 of this chapter, the
					 commissioner will sign the lease on behalf of Alaska and mail one fully
					 executed copy to the lessee.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 4 - Competitive Bidding › 11 AAC 82.475 - Return of deposits

Current through May 31, 2024
The commissioner will return the bid deposit of all
					 unsuccessful bidders within five working days after a lease sale or the
					 awarding of an oil and gas exploration license. If the high bid is disqualified
					 after bid deposits have been returned, the commissioner will, in the
					 commissioner's discretion, award the second and third highest bidders the
					 opportunity to restore their bids and deposits within 10 days after receipt of
					 the notice of the award.
Authority:
AS
						38.05.020
AS 38.05.131
AS 38.05.133
AS
						38.05.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.500 - Applications

Current through May 31, 2024
(a) Except as otherwise provided in
				  regulations regarding applications for shallow natural gas leases authorized
				  under AS
				  38.05.177, applications for noncompetitive
				  leases or permits for a mineral may be filed on any noncompetitive land opened
				  for leasing of that mineral in accordance with
				  11 AAC 82.100 -
				  11 AAC 82.115.
(b) Applications filed during a simultaneous
				  filing period must be filed by mail or by personal delivery. Applications for
				  land available on a first-come, first-served basis may also be filed by
				  telegram, radiogram, or cablegram if
(1) the
				  name and address of the applicant and the area applied for are clearly
				  identified; and
(2) the application
				  is confirmed within 15 days after the initial filing by a signed application
				  meeting all the requirements of 11 AAC 82 - 11 AAC 84 and 11 AAC 88.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.505 - Description of land

Current through May 31, 2024
(a) Applications for land available in a
				  simultaneous filing period must describe the land as specified in the notice
				  providing for the simultaneous filing period.
(b) Application for land available on a
				  first-come, first-served basis must describe the land by legal subdivision,
				  section, township, range, and meridian if the land has been surveyed under the
				  public land rectangular system or is included in protracted surveys approved by
				  the department or by the Bureau of Land Management.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.510 - Area

Current through May 31, 2024
The land requested in an application must be compact in
					 form. Unless specified otherwise in the section dealing with the subject of the
					 application, the land in an application will not be considered compact in form
					 unless
(1) full sections are requested
				  (the lease or permit being issued only for the available land);
(2) all sections applied for are contiguous
				  and not merely "adjacent," as defined in
				  11 AAC 88.185 (sections touching
				  only at a point are not considered contiguous); and
(3) the length of the land requested does not
				  exceed four times the width.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.515 - Terminated permits and leases

Current through May 31, 2024
Noncompetitive land on which a permit or lease or a part of
					 one is expired, relinquished, or otherwise terminated may be offered at a
					 noncompetitive drawing. The commissioner will post a notice listing the land to
					 be offered at a noncompetitive drawing in the place provided for such postings.
					 The notice will provide for a 30-day simultaneous filing period to file
					 applications for the land listed in the notice. The notice might also state
					 that adjacent noncompetitive land has been removed from filing on a first-come,
					 first-served basis and is included with the terminated tracts for the purpose
					 of making more compact tracts. Only applications filed during the simultaneous
					 filing period may be included in the noncompetitive drawing.
Authority:
AS
						38.05.020
AS 38.05.135
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.520 - Applications in simultaneous filing periods

Current through May 31, 2024
(a) No applicant
				  may file, or cause to be filed, applications which will give him more than one
				  chance on any tract in a simultaneous filing period, whether by written or oral
				  agreement or contract.
(b) The
				  filing fee may be paid by cash, certified check, cashier's check, money order,
				  or personal check. A filing fee paid by personal check which is returned by the
				  bank because of insufficient funds gives an applicant no priority and any lease
				  or permit issued is void from its inception.
(c) An application may be withdrawn at any
				  time before the drawing; however, if there are conflicting applications, the
				  withdrawal does not correct the conflict unless the commissioner is satisfied
				  that the conflict was unintentional or due to excusable inadvertence.
(d) Any application that fails to comply with
				  the requirements of the notice must be rejected and gives the applicant no
				  priority.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.525 - Drawings

Current through May 31, 2024
(a) Whenever proper applications filed
				  simultaneously or during any simultaneous filing period cover the same land,
				  the commissioner will cause a public drawing or drawings to be held to
				  determine the priorities among those applications, but the drawing is limited
				  to three priorities when more than three applications are included in the same
				  drawing. All remaining applications are rejected and closed of record following
				  the drawing without further notice to the applicant. Each drawing will be
				  conducted in the manner the commissioner determines.
(b) The order or other notice by the
				  commissioner providing for simultaneous filing periods will give the date,
				  time, and place of drawing to determine priorities.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.530 - Material to accompany applications

Current through May 31, 2024
Noncompetitive applications must be accompanied by, or
					 refer to, a previously filed statement of qualifications required by sec. 205
					 of this chapter.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.535 - Default

Current through May 31, 2024
If the applicant first drawn for any tract fails to timely
					 comply with the requirements of the law, regulation or the filing notice, the
					 remaining priorities in the order drawn, successively will be given notice and
					 opportunity to secure the lease.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 5 - Noncompetitive Procedures › 11 AAC 82.540 - Filing after simultaneous filing period

Current through May 31, 2024
If no applications are filed or if no lease or permit is
					 issued as a result of a simultaneous filing period, the land becomes available
					 on a first-come, first-served basis, but only after notation of its
					 availability on the official records of the department.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.600 - Bonding

Current through May 31, 2024
(a) Every mineral lease and permit may
				  contain a provision requiring that an acceptable bond in the minimum amount
				  required by the section of this title dealing with the specific mineral
				  involved be filed before beginning any permit or lease operation.
(b) The amount of the bond is the amount
				  determined by the commissioner to be justified by the nature of the surface,
				  its uses and improvements in the vicinity of the lands, and the degree of the
				  risks involved in the types of operations to be carried on under the lease or
				  permit.
(c) Every bond must be
				  either
(1) a corporate surety bond with a
				  corporate surety qualified to do business as such in Alaska; or
(2) a personal bond accompanied by a deposit
				  of cash in the amount of the bond, or negotiable federal or Alaska securities
				  in a sum equal at par value to the amount of the bond together with a
				  sufficient conveyance to the commissioner of full authority to sell the
				  securities in the event of default in the performance of the conditions of the
				  bond.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.605 - Assignments

Current through May 31, 2024
(a) Leases, oil and gas exploration licenses,
				  permits, or interests in leases, oil and gas exploration licenses, or permits,
				  may, with the approval of the commissioner, be assigned or subleased as
				  provided in this section to a person or persons qualified to hold a
				  lease.
(b) No transfer of an
				  interest in a lease, oil and gas exploration license, or permit, including
				  assignments of working or royalty interest, operating agreements, and
				  subleases, is binding upon the state unless approved by the commissioner. The
				  transferor is liable for all obligations under the lease or oil and gas
				  exploration license accruing before the approval of the transfer. When
				  transfers of overriding royalty are made after the initial separation from the
				  working interest of the lease, executed or image copies of these transfers must
				  be transmitted to the department without charge for filing in the appropriate
				  case file. However, the commissioner will take no action and official status
				  records will not be posted to reflect these transfers.
(c) The commissioner will approve a transfer
				  of an undivided interest in a lease, oil and gas exploration license, or permit
				  unless the commissioner makes a written finding that the transfer would
				  adversely affect the interests of the state or the application does not comply
				  with applicable regulations. The commissioner will state the reasons for denial
				  of an application in the finding.
(d) The commissioner will disapprove a
				  transfer of a divided interest in a lease, oil and gas exploration license, or
				  permit if the transfer covers only a portion of the lease, oil and gas
				  exploration license, or permit or a separate and distinct zone or geological
				  horizon, unless the transfer would not adversely affect the interests of the
				  state, the transfer complies with applicable regulations, and the
(1) applicant demonstrates to the
				  commissioner's satisfaction that the proposed transfer of a divided interest is
				  reasonably necessary to accomplish exploration of the area subject to an oil
				  and gas exploration license and exploration or development of the lease or
				  permit;
(2) lease is committed to a
				  unit agreement approved by the commissioner;
(3) lease is allocated production within a
				  participating area approved by the commissioner; or
(4) lease or area subject to an oil and gas
				  exploration license has an oil, gas, or geothermal well certified as capable of
				  production in paying quantities.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.610 - Permits or leases segregated by partial assignment

Current through May 31, 2024
If a transfer is made of all or a part of the lessee's or
					 permittee's working interest in a portion of the acreage in a lease or permit,
					 the acreage as to which the transfer is made will, at the option of the
					 commissioner, and may, upon the request of the transferee and with the approval
					 of the commissioner, be segregated into a separate and distinct lease having
					 the same effective date as the original lease or permit.
Authority:
AS
						38.05.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.615 - Application for approval of assignment

Current through May 31, 2024
(a) An application
				  for approval of assignment or transfer must
(1) be filed in triplicate if necessary and
				  comply with 11 AAC 88.105;
(2) be
				  filed within 90 days after the date of final signing of the transfer by the
				  assignor; however, an assignment not filed within 90 days may be approved, at
				  the discretion of the commissioner, where no intervening interest is
				  filed;
(3) unless filed on forms
				  provided by the department, be accompanied by a request for approval of
				  assignment essentially like that used in the appropriate department form;
				  and
(4) be accompanied by a bond,
				  if required by the commissioner, which clearly binds the assignee and the
				  assignee's surety to any unperformed obligations of the assignor.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.620 - Transfer by death

Current through May 31, 2024
If the applicant claims to be the heir or devisee of a
					 deceased holder of a lease or permit or interest in it, he must furnish
					 evidence satisfactory to the commissioner of his status and identity as an heir
					 or devisee.
Authority:
AS
						38.05.020
AS
						38.05.920
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.625 - Effective date of assignments

Current through May 31, 2024
If the commissioner approves or disapproves an application
					 for transfer, the commissioner will mail notice of the action to the applicant
					 and the lessee, licensee of a state-issued oil and gas exploration license, or
					 permittee. If the commissioner approves the transfer, the effective date of the
					 transfer is the first day of the month following the date on which the
					 assignment application is filed with the state. Upon prior written request, the
					 effective date of the transfer is the first day of the month in which the
					 assignment application is filed with the state. If an assignment application is
					 approved prior to issuance of the lease, oil and gas exploration license, or
					 permit, the effective date of the transfer is the effective date of the lease,
					 license, or permit.
Authority:
AS
						38.05.020
AS 38.05.131
AS 38.05.132
AS 38.05.133
AS
						38.05.920
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.630 - Responsibility

Current through May 31, 2024
(a) The assignor of a permit, oil and gas
				  exploration license, or lease and the assignor's surety continue to be
				  responsible for the performance of any obligation under the permit, oil and gas
				  exploration license, or lease until the effective date of the assignment. If
				  the transfer is not approved, their obligation continues as though no transfer
				  had been filed for approval.
(b)
				  After the effective date of the transfer, the assignee and the assignee's
				  surety are responsible for the performance of all permit, oil and gas
				  exploration license, or lease obligations notwithstanding any terms in the
				  transfer to the contrary.
Authority:
AS
						38.05.020
AS 38.05.131
AS 38.05.132
AS 38.05.133
AS 38.05.145
AS
						38.05.920
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.635 - Surrenders

Current through May 31, 2024
(a) All of the rights in land held under a
				  lease, oil and gas exploration license, or prospecting permit may be
				  surrendered by the lessee, licensee, or permittee of record by filing a written
				  surrender at the appropriate office of the department. A surrender of a legal
				  subdivision of the land held under a lease, oil and gas exploration license, or
				  prospecting permit, or of a separate and distinct zone or geological horizon in
				  all or a portion of the land, is not effective unless approved by the
				  commissioner.
(b) A surrender takes
				  effect on the date it is filed, or on the date of approval if approval is
				  required, subject in either case to the continued obligation of the lessee,
				  licensee, or permittee and the surety to make payment of all accrued royalties
				  and rentals and to place the surrendered land in condition satisfactory to the
				  commissioner for abandonment.
(c) A
				  surrender must be filed in accordance with
				  11 AAC 88.105, but a filing fee is
				  not required.
Authority:
AS
						38.05.020
AS 38.05.131
AS 38.05.132
AS 38.05.133
AS
						38.05.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.640 - Survey requirement

Current through May 31, 2024
(a) A survey or monumentation of lease
				  boundaries may be required by the commissioner when he determines that survey
				  or monumentation is necessary to determine compliance with the lease or to
				  determine the extent of possible damage to adjacent lands from lease
				  operations. However, the lessee is not required to pay the costs of a survey in
				  excess of that required to establish that its operations are in compliance with
				  the terms of the lease.
(b) Within
				  one year after notice of the survey or monumentation requirement, the lease
				  holder shall provide the commissioner with a plat of survey or other evidence
				  showing that the survey or monumentation has been completed in accordance with
				  the notice.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.145
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.650 - Control

Current through May 31, 2024
(a) The physical location of the boundaries
				  of any legal subdivision subject to a lease describing land according to a
				  protracted survey, is, for the purposes of 11 AAC 82.645, controlled by the
				  latitudes and longitudes indicated on the protracted survey, if no portion of
				  the protracted survey has been surveyed by the department or by the Bureau of
				  Land Management, Department of the Interior, under the public land rectangular
				  system. If a portion has been surveyed by the department or the Bureau of Land
				  Management, that survey applies. When locating the unsurveyed remainder of a
				  section of land, a projection of the section lines from the surveyed portion as
				  monumented under the public rectangular system to the first protracted section
				  corner position determines the remainder of the surveyed section. If the first
				  protracted section corner position can be closed into by the public land
				  rectangular survey system within the accuracies and standards established by
				  the Bureau of Land Management Manual of Surveying Instructions (2009) and in
				  accordance with the department's survey requirements, the protracted corner
				  becomes a common corner for description purposes. Otherwise the surveyed
				  section of land is closed into the protracted section line position as defined
				  by protracted data.
(b) The
				  boundaries of leases issued before July 22, 1979 will be controlled by this
				  section upon approval of the department with the consent of the lessees of
				  record.
Copies of the Bureau of Land Management Manual of
						Surveying Instructions (2009), adopted by reference in 11 AAC 82.650(a), are
						available for review at Department of Natural Resources, Division of Mining
						Land and Water, Survey Section offices in Anchorage. An electronic copy may be
						viewed through the United States Department of the interior at
https://www.blm.gov/sites/blm.gov/files/Manual_of_Surveying_Instructions_2009.pdf
.
Authority:
AS
						38.05.020
AS
						38.05.035
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.655 - Rule of approximation

Current through May 31, 2024
The "rule of approximation" as defined in
					 AS
					 38.05.965 shall be used in determining if a
					 lease or permit complies with the area requirements of AS
					 38.05.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.660 - Excess area; partial termination

Current through May 31, 2024
If for any reason a permit or lease covers more acreage
					 than the maximum permitted by AS 38.05 or the regulations to be included in one
					 lease or permit of its kind, the lease or permit is not void, but the acreage
					 covered must be reduced to the permitted maximum. Whenever the commissioner
					 determines that a lease exceeds the permitted acreage, he will promptly mail
					 notice to the lessee or permittee, stating the amount of acreage that must be
					 eliminated. Within 60 days after the receipt of the notice, the lessee or
					 permittee of record may file an instrument surrendering or assigning in full at
					 least the amount of acreage that must be eliminated which must be one or more
					 legal subdivisions or in such other shape or shapes as the commissioner
					 approves. The surrender or assignment is effective when filed. If the surrender
					 or assignment is not filed within 60 days, the commissioner will eliminate the
					 minimum necessary and promptly mail notice to the lessee or permittee,
					 specifying the parcels eliminated.
Authority:
AS
						38.05.020
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.665 - Rental and royalty relief

Current through May 31, 2024
(a) Application for
				  relief under
				  AS
				  38.05.140 must comply with
				  11 AAC 88.105 and
(1) state all the facts entitling the
				  applicant to relief;
(2) state
				  location and status of all past and present activities on the lease;
(3) include a detailed report of all
				  production during the six months preceding the filing of the
				  application;
(4) contain a detailed
				  statement covering the entire life of the lease showing all expenses and costs
				  of operating the lease including all royalties and overriding royalties and all
				  income from all produced minerals from the lease; and
(5) include an agreement by the applicant to
				  defray the cost of publishing a notice as provided in (b) of this
				  section.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.670 - Suspension of production or operations

Current through May 31, 2024
(a) Applications
				  for suspension of production or operations under
				  AS
				  38.05.140 must comply with
				  11 AAC 88.105 and must contain
				  complete information showing the necessity or justification for the
				  suspension.
(b) Whenever the
				  commissioner takes an action under
				  AS
				  38.05.140, he will give notice to the lessee,
				  specifying the action taken, the effective date of it, and the duration of any
				  suspension, and note the action in the status record.
(c) No lease expires because operations or
				  production or both are suspended under any order or with the assent of the
				  commissioner.
Authority:
AS
						38.05.020
AS 38.05.140
AS
						38.05.145(a)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.675 - Effective date of leases, oil and gas exploration licenses, and permits

Current through May 31, 2024
The effective date of a lease, oil and gas exploration
					 license, or permit is the first day of the month following the date on which
					 the lease, oil and gas exploration license, or permit was signed on behalf of
					 the state or, upon prior written request, on the first day of the month in
					 which it was signed on behalf of the state.
Authority:
AS
						38.05.020
AS 38.05.131
AS 38.05.133
AS
						38.05.145