reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 30 - Veterans' Memorial and Monument Grants › 10 AAC 30.030 - Grant application

Current through May 31, 2024
(a)
		  To apply for a grant under
		  AS
		  37.14.730,
		  an applicant must file with the
		  department an application, on a form
		  provided by the department, including
		  the following information:
(1)
		  a description of the proposed
(A)
		  maintenance, repair, replacement, or
		  enhancement of, or addition to, an
		  existing veterans' memorial or
		  monument to the military; or
(B)
		  new veterans' memorial or monument to
		  the military;
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 30 - Veterans' Memorial and Monument Grants › 10 AAC 30.040 - Review of application; final decision

Current through May 31, 2024
(a)
		  In evaluating applications, the
		  department will consult with and
		  consider the recommendations of the
		  Alaska Veterans' Advisory Council or
		  other appropriate veterans'
		  organizations.
(b)
		  For each grant application, the
		  department will award a full or
		  partial grant, deny the application,
		  or request that the applicant submit
		  additional information.
Authority:
AS
			  37.14.730
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 30 - Veterans' Memorial and Monument Grants › 10 AAC 30.050 - Grant agreement

Current through May 31, 2024
(a)
		  Before the department will disburse
		  money under the grant, a grantee must
		  sign an agreement on a form prepared
		  by the department in which the grantee
		  agrees to
(1)
		  spend grant money only for the
		  purposes and for eligible costs
		  specified in the grant application and
		  agreement;
(2)
		  Repealed 5/25/2017
(3)
		  comply with applicable state statutes
		  and regulations with respect to
		  purchasing practices and procedures
		  and the provision of documentation
		  required for disbursement;
(4)
		  provide periodic and final reports as
		  specified in the grant agreement.
(5)
		  retain records and on request provide
		  records to the department and allow a
		  department audit of the grant
		  expenditures;
(6)
		  indemnify and hold harmless,
		  consistent with state law, the state
		  and its officers, agents, and
		  employees for any third-party claims
		  arising from the project;
(7)
		  waive, consistent with state law, any
		  claims the grantee may have against
		  the state and its officers, agents,
		  and employees arising from the
		  project; and
(8)
		  comply with
		  AS
		  37.14.700-37.14.740,
		  this chapter, and terms and conditions
		  of the grant agreement.
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 30 - Veterans' Memorial and Monument Grants › 10 AAC 30.060 - Grant payment

Current through May 31, 2024
The department will
			make advance payment of all or a
			portion of the grant under terms and
			conditions specified in the grant
			agreement that ensure that grant money
			is used for eligible
			costs.
Authority:
AS
			  37.14.730
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 30 - Veterans' Memorial and Monument Grants › 10 AAC 30.070 - Retention of records

Current through May 31, 2024
A grantee shall retain
			all records relating to the grant and
			the project for at least three years
			following the end of the grant period
			or submission of a final report to the
			department, whichever is later. If an
			audit is pending at the end of three
			years the grantee shall retain the
			records for as long as the audit,
			involving the records is
			pending.
Authority:
AS
			  37.14.730
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 30 - Veterans' Memorial and Monument Grants › 10 AAC 30.080 - Appeals

Current through May 31, 2024
A decision or other determination of the department under this
				chapter may be appealed in writing to the adjutant general. The appeal must be
				postmarked within 30 days after the date the decision or determination was
				mailed, must clearly state the objections to that decision or determination and
				the factual basis for the objections, and must set out justification for any
				alternate action sought. The adjutant general, or a designee of the adjutant
				general who did not participate in the original decision or determination, will
				issue a written decision on the appeal within 30 days after receiving it. The
				adjutant general's decision is the final agency action on the appeal for
				purposes of judicial review.
Authority:
AS
				  37.14.730
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 30 - Veterans' Memorial and Monument Grants › 10 AAC 30.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise,
(1) "budget" means the financial expenditure plan for a
				project; "budget" includes money awarded under the grant program and any other
				financing, grantee match, in-kind services, and contributions for the grant
				project;
(2) "department" means the Department of Military and Veterans'
				Affairs;
(3) "grant" means an award of financial or direct assistance by
				the department to an eligible applicant based on review and approval of an
				application setting out a proposed activity or service;
(4) "grantee" means the person that receives a grant;
(5) "grant period" means the time period for which the grantee
				has been awarded a grant;
(6) "project" means those aspects of a grantee's activities
				that are paid for, in whole or in part, by a department grant.
----------
Authority:
AS
				  37.14.730
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 40 - Military Facility Zones › 10 AAC 40.010 - Purpose

Current through May 31, 2024
The purpose of this chapter is to set out standards and
				procedures for an application under AS 26.30 for an area to be designated a
				military facility zone, and to set out review and approval criteria for
				applications.
Authority:
AS 26.30.010
AS 26.30.070
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 40 - Military Facility Zones › 10 AAC 40.020 - Municipal applicant requirements

Current through May 31, 2024
To apply for a military facility zone designation under AS
				26.30 and this chapter, or for expansion of a military facility zone, the chief
				executive officer or governing body of a municipality must file with the
				department, on a form provided by the department, a completed application as
				provided under
				AS
				26.30.010(b) and (c), and
				must include in the application
(1) a
			 map showing, within the municipality's boundaries,
(A) the area of the proposed military
			 facility zone or proposed expansion; and
(B) the zone's or expanded area's proximity
			 to a facility;
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 40 - Military Facility Zones › 10 AAC 40.030 - Time period for receipt of comments

Current through May 31, 2024
When soliciting comments under AS 26.30.010(e) on an
				application for designation or expansion of a military facility zone, the
				adjutant general will set a time period for receipt of comments and post that
				time period as part of the notice placed on the Alaska Online Public Notice
				System (AS 44.62.175).
Authority:
AS 26.30.010
AS 26.30.070
Alaska Administrative Code › Title 10 - Military and Veterans Affairs › Chapter 40 - Military Facility Zones › 10 AAC 40.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise,
(1) "adjutant general" has the meaning given in AS
				26.30.900;
(2) "department" means the Department of Military and Veterans'
				Affairs;
(3) "facility"
(A) has the meaning given in AS 26.30.900;
(B) includes a military base;
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.010 - Applicability and eligibility

Current through May 31, 2024
(a) This chapter
				sets out the administrative review procedure available to a person affected by
				a decision of the department. If a statute or a provision of this title
				prescribes a different procedure with respect to a particular decision, that
				procedure must be followed when it conflicts with this chapter.
(b) Unless a statute does not permit an
				appeal, an applicant is eligible to appeal or request reconsideration of the
				department's decision on the application. An applicant is eligible to
				participate in any appeal or request for reconsideration filed by any other
				eligible party.
(c) If a statute
				restricts eligibility to appeal or request reconsideration of a decision to
				those who have provided timely written comment or public hearing testimony on
				the decision, the department will give notice of that eligibility restriction
				as part of its public notice announcing the opportunity to comment.
(d) If the department gives public notice and
				allows a public comment period of at least 30 days on a proposed action, and if
				no statute requires opportunity for public comment, the department may restrict
				eligibility to appeal or request reconsideration to those who have provided
				timely written comment or public hearing testimony on the proposed action by
				including notice of the restriction as part of its public notice announcing the
				opportunity to comment.
(e) An
				eligible person affected by a decision of the department that the commissioner
				did not sign or cosign may appeal the decision to the commissioner within the
				period set by
				11 AAC 02.040.
(f) An eligible person affected by a decision
				of the department that the commissioner signed or cosigned may request the
				commissioner's reconsideration within the period set by
				11 AAC 02.040.
(g) A person may not both appeal and request
				reconsideration of a decision.
Authority:
AS
					 03.05.010
AS 29.65.050
AS 29.65.120
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 38.08.110
AS 38.09.110
AS 38.50.160
AS 41.15.020
AS 41.17.055
AS 41.21.020
AS 44.37.011
AS 46.15.020
AS
					 46.17.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.015 - Combined decisions

Current through May 31, 2024
(a) When the department issues a combined
				decision that is both a final disposal decision under
				AS
				38.05.035(e) and any other
				decision, including a disposal decision combined with a land use plan decision,
				or a disposal decision to grant certain applications combined with a decision
				to deny others, the appeal process set out for a disposal decision in
				AS
				38.05.035(i) - (m) and this
				chapter applies to the combined decision.
(b) Repealed 12/27/2012.
Authority:
AS
					 29.65.050
AS 29.65.120
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 38.08.110
AS 38.09.110
AS
					 38.50.160
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.020 - Finality of a decision for purposes of appeal to court

Current through May 31, 2024
(a) Unless
				otherwise provided in a statute or a provision of this title, an eligible
				person must first either appeal or request reconsideration of a decision in
				accordance with this chapter before appealing a decision to superior
				court.
(b) The commissioner's
				decision on appeal is the final administrative order and decision of the
				department for purposes of appeal to the superior court.
(c) The commissioner may order or deny a
				request for reconsideration within 30 calendar days after issuance of the
				decision, as determined under
				11 AAC 02.040(c)
				- (e). If the commissioner takes no action during the 30-day period, the
				request for reconsideration is considered denied. Denial of a request for
				reconsideration is the final administrative order and decision of the
				department for purposes of appeal to the superior court.
(d) If the commissioner timely orders
				reconsideration of the decision, the commissioner may affirm the decision,
				issue a new or modified decision, or remand the matter to the director for
				further proceedings. The commissioner's decision, other than a remand decision,
				is the final administrative order and decision of the department for purposes
				of appeal to the superior court.
Authority:
AS
					 03.05.010
AS 29.65.050
AS 29.65.120
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 38.08.110
AS 38.09.110
AS 38.50.160
AS 41.15.020
AS 41.17.055
AS 41.21.020
AS 44.37.011
AS 46.15.020
AS
					 46.17.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.030 - Filing an appeal or request for reconsideration

Current through May 31, 2024
(a) An appeal or
				request for reconsideration under this chapter must
(1) be in writing;
(2) be filed by personal service, mail,
				facsimile transmission, or electronic mail;
(3) be signed by the appellant or the
				appellant's attorney, unless filed by electronic mail; an appeal or request for
				reconsideration filed by electronic mail must state the name of the person
				appealing or requesting reconsideration and a single point of contact to which
				any notice or decision concerning the appeal or request for reconsideration is
				to be sent;
(4) be correctly
				addressed;
(5) be timely filed in
				accordance with
				11 AAC 02.040;
(6) specify the case reference number used by
				the department, if any;
(7) specify
				the decision being appealed or for which reconsideration is being
				requested;
(8) specify the basis
				upon which the decision is challenged;
(9) specify any material facts disputed by
				the appellant;
(10) specify the
				remedy requested by the appellant;
(11) state the address to which any notice or
				decision concerning the appeal or request for reconsideration is to be mailed;
				an appellant may also provide a telephone number Page 1 of 129 where the
				appellant can be reached during the day or an electronic mail address; an
				appeal or request for reconsideration filed electronically must state a single
				address to which any notice or decision concerning the appeal or request for
				reconsideration is to be mailed;
(12) identify any other affected agreement,
				contract, lease, permit, or application by case reference number, if
				any;
(13) include a request for an
				oral hearing, if desired; in the appeal or request for reconsideration, the
				appellant may include a request for any special procedures to be used at the
				hearing; the appeal or request for reconsideration must describe the factual
				issues to be considered at the hearing; and
(14) be accompanied by the applicable fee set
				out in 11AAC05.160.
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.040 - Timely filing; issuance of decision

Current through May 31, 2024
(a) To be timely
				filed, an appeal or request for reconsideration must be received by the
				commissioner's office within 20 calendar days after issuance of the decision,
				as determined under (c) or (d) of this section, unless another period is set by
				statute, regulation, or existing contract. If the 20th day falls on a day when
				the department is officially closed, the appeal or request for reconsideration
				must be filed by the next working day.
(b) An appeal or request for reconsideration
				will not be accepted if it is not timely filed.
(c) If the appellant is a person to whom the
				department delivers a decision by personal service or by certified mail, return
				receipt requested, issuance occurs when the addressee or the addressee's agent
				signs for the decision. If the addressee or the addressee's agent neglects or
				refuses to sign for the certified mail, or if the address that the addressee
				provided to the department is not correct, issuance by certified mail occurs
				when the decision is deposited in a United States general or branch post
				office, enclosed in a postage-paid wrapper or envelope, addressed to the
				person's current address of record with the department, or to the address
				specified by the appellant under
				11 AAC 02.030(a) (11).
(d) If the appellant is a person to whom the
				department did not deliver a decision by personal service or certified mail,
				issuance occurs
(1) when the department gives
				public notice of the decision; or
(2) if no public notice is given, when the
				decision is signed; however, the department may state in the decision a later
				date of issuance and the corresponding due date for any appeal or request for
				reconsideration.
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.050 - Hearings

Current through May 31, 2024
(a) The department will, in its discretion,
				hold a hearing when questions of fact must be resolved.
(b) The hearing procedure will be determined
				by the department on a case-by-case basis. As provided in
				11 AAC 02.030(a) (13), any request for special procedures must
				be included with the request for a hearing.
(c) In a hearing held under this section
(1) formal rules of evidence need not apply;
				and
(2) the hearing will be
				recorded, and may be transcribed at the request and expense of the party
				requesting the transcript.
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.060 - Stays; exceptions

Current through May 31, 2024
(a) Except as provided in (c) and (d) of this
				section, timely appealing or requesting reconsideration of a decision in
				accordance with this chapter stays the decision during the commissioner's
				consideration of the appeal or request for reconsideration. If the commissioner
				determines that the public interest requires removal of the stay, the
				commissioner will remove the stay and allow all or part of the decision to take
				effect on the date set in the decision or a date set by the
				commissioner.
(b) Repealed
				9/19/2001.
(c) Unless otherwise
				provided in a statute or a provision of this title, a decision takes effect
				immediately if it is a decision to
(1) issue a
				permit that is revocable at will;
(2) approve surface operations for a disposal
				that has already occurred or a property right that has already vested;
				or
(3) administer an issued oil and
				gas lease or license, or an oil and gas unit agreement.
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.070 - Waiver of procedural violations

Current through May 31, 2024
The commissioner may, to the extent allowed by applicable
				  law, waive a requirement of this chapter if the public interest or the
				  interests of justice so require.
As of Register 160 (January 2002), the regulations attorney
					 made a technical revision under
					 AS
					 44.62.125(b)(6), to the
					 authorities citation in
					 11 AAC 02.070, to reflect the
					 enactment of sec. 2, ch. 81, SLA 2000, transferring regulatory authority in
					 AS
					 03.10.020 from the Department of Natural
					 Resources to the Board of Agriculture and
					 Conservation.
Authority:
AS
					 03.05.010
AS 29.65.050
AS 29.65.120
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 38.08.110
AS 38.09.110
AS 38.50.160
AS 41.15.020
AS 41.17.055
AS 41.21.020
AS 46.15.020
AS
					 46.17.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 02 - Appeals › 11 AAC 02.900 - Definitions

Current through May 31, 2024
In this chapter,
(1)
				"appeal" means a request to the commissioner to review a decision that the
				commissioner did not sign or cosign;
(2) "appellant" means a person who files an
				appeal or a request for reconsideration;
(3) "commissioner" means the commissioner of
				natural resources;
(4) "decision"
				means a written discretionary or factual determination by the department
				specifying the details of the action to be allowed or taken;
(5) "department" means, depending of the
				particular context in which the term is used, the Department of Natural
				Resources, the commissioner, the director of a division within the Department
				of Natural Resources, or an authorized employee of the Department of Natural
				Resources;
(6) "request for
				reconsideration" means a petition or request to the commissioner to review an
				original decision that the commissioner signed or cosigned.
The subject matter of
					 11 AAC 02.900 was formerly located
					 at 11 AAC 02.080. The history note
					 for 11 AAC 02.900 does not reflect the
					 history of the earlier section.
Authority:
AS
					 03.05.010
AS 29.65.050
AS 29.65.120
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 38.08.110
AS 38.09.110
AS 38.50.160
AS 41.15.020
AS 41.17.055
AS 41.21.020
AS 44.37.011
AS 44.62.540
AS 46.15.020
AS
					 46.17.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.010 - Provisions applicable to all dispositions of royalty oil, gas, or associated substances

Current through May 31, 2024
(a) The commissioner will establish the
				terms, conditions, and method of disposition of state royalty oil, gas, or
				associated substances which are or will be taken in-kind.
(b) Before taking royalty oil, gas, or
				associated substances in-kind, the commissioner will determine in writing that
				taking in-kind will be in the best interests of the state.
(c) Before taking royalty oil, gas, or
				associated substances in-value, the commissioner will determine in writing that
				taking in-value is in the best interests of the state.
(d) Before the execution of a contract for
				the disposition of royalty oil, gas, or associated substances, the commissioner
				will make a finding that the disposition is in the best interests of the state.
				If the disposition is by competitive bid, this determination will, in the
				commissioner's discretion, be made before the award of oil, gas, or associated
				substances to a successful bidder or bidders.
(e) Before the execution of a contract for
				the disposition of royalty oil, gas, or associated substances that permits the
				export of royalty oil, gas, or associated substances from the state, the
				commissioner will determine in writing that the oil, gas, or associated
				substances subject to export are surplus to present and projected intrastate
				domestic and industrial needs.
(f)
				If royalty oil, gas, or associated substances are disposed of to relieve
				storage or market conditions, the commissioner will, before executing the
				agreement, determine that the agreement will relieve the storage or market
				condition.
(g) Determinations or
				findings made in writing under this chapter will be made public by placing a
				copy on file in the commissioner's office in Juneau, Alaska and by mailing a
				copy to the Alaska Royalty Oil and Gas Development Advisory Board.
(h) Determinations or findings concerning
				disposal of royalty oil, gas, or associated substances under this chapter are
				revocable at any time before execution by the commissioner of a contract for
				the sale of royalty oil, gas, or associated substances.
(i) More than one determination or finding
				under this chapter will, in the commissioner's discretion, be made in the same
				writing.
Authority:
AS
					 38.05.020
AS 38.05.182
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.015 - Taking royalty oil, gas, or associated substances in-kind

Current through May 31, 2024
Royalty oil, gas, or associated substances taken in-kind as
				  provided by
				  AS
				  38.05.182 must be taken under the provision
				  of the lease, including any amendments or supplements to the lease, which
				  reserves the royalty to the state. If no such provision is in the lease, all or
				  any portion of the state's share will, at the option of the commissioner, be
				  taken in-kind in accordance with the following:
(1) 90 days written notice will be given to
				each lessee of the state's election to take the royalty products
				in-kind;
(2) after taking has
				actually commenced, the amount to be taken in-kind will, in the commissioner's
				discretion, be increased or decreased from time to time by
(A) not more than 10 percent, upon 30 days
				written notice to each lessee of record;
(B) greater than 10 percent, upon 90 days
				written notice; and
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.020 - Procedures to be followed for dispositions

Current through May 31, 2024
(a) If the
				commissioner disposes of royalty oil, gas, or associated substances by
				competitive bid, the commissioner will follow the procedures set out in
				11 AAC 03.100 -
				11 AAC 03.240.
(b) If the commissioner disposes of royalty
				oil, gas, or associated substances by a method other than by competitive bid,
				the commissioner will follow the procedure set out in
				11 AAC 03.030 -
				11 AAC 03.070.
(c) For all dispositions under this chapter,
				except those to relieve storage or market conditions
(1) the commissioner will prepare written
				preliminary findings and determinations; and
(2) after a public comment period of not less
				than 30 days, the commissioner will prepare final findings and
				determinations.
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.022 - Storage conditions

Current through May 31, 2024
The commissioner disposes of royalty oil, gas, or associated
				  substances to relieve storage conditions when
(1) the royalty oil, gas, or associated
				substances have either been noticed for a taking in-kind or are being taken
				in-kind or are being taken in-kind by the state; and
(2) the disposition planned for the oil, gas,
				or associated substances at the time of the notice to take the oil, gas, or
				associated substances in-kind can no longer be effectuated for any reason, or
				the disposition is no longer in the best interests of the state.
Before Register 126, 1993,
					 11 AAC 03.022 appeared as
					 11 AAC 03.080. The history of the
					 section under its former number is included in the history note for
					 11 AAC 03.022.
Authority:
AS
					 38.05.020
AS 38.05.183
AS
					 38.06.055
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.024 - Market conditions

Current through May 31, 2024
The commissioner disposes of royalty oil, gas, or associated
				  substances to relieve the market conditions when
(1) in a noncompetitive disposition of
				royalty oil, gas, or associated substances the commissioner estimates that the
				sale price throughout the term of the disposition will be higher than the
				volume-weighted average of the current reported netback prices filed by the
				lessees for royalty purposes for those filing periods applicable to the term of
				the disposition;
(2) in a
				disposition of royalty oil by competitive bid the commissioner determines, at
				the time of issuance of the invitation to bid, that there is a substantial
				probability that the state will receive, as a result of the disposition by
				competitive bid, more than the volume-weighted average of the current reported
				netback prices filed by the lessees for royalty purposes for those filing
				periods applicable to the term of the disposition, or, in a disposition of gas
				by competitive bid, the commissioner determines, at the time of issuance of the
				invitation to bid, that there is a substantial probability that the state will
				receive, as a result of the disposition by competitive bid, more than the
				in-value price;
(3) the royalty
				oil, gas, or associated substances disposed of will be used to meet in-state
				needs for crude oil, gas, or associated substances or petroleum products and
				the sale price of that royalty oil, gas, or associated substances is at least
				equal to the in-value amount which would have been received by the state during
				the same period; or
(4) there is or
				will be an emergency in-state need for crude oil, gas, or associated substances
				or petroleum products, which could be alleviated by the sale of the royalty
				oil, gas, or associated substances.
Before Register 126, 1993,
					 11 AAC 03.024 appeared as
					 11 AAC 03.090. The history of the
					 section under its former number is included in the history note for
					 11 AAC 03.024.
Authority:
AS
					 38.05.020
AS 38.05.183
AS
					 38.06.055
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.026 - Provisions applicable to royalty contracts

Current through May 31, 2024
(a) Within 10 days
				after receiving written notice from a royalty purchaser of its intent to
				renegotiate price, as provided for by the terms of that purchaser's state
				royalty contract, or within 10 days after giving a royalty purchaser written
				notice of the state's intent to renegotiate price, as provided for by the terms
				of that purchaser's state royalty contract, or before the adoption of any
				material amendment to a royalty contract which appreciably reduces the
				consideration received by the state, the commissioner will publish notice of
				the intent to renegotiate price or amend the contract in a newspaper of general
				statewide circulation. In addition, the commissioner will, in the
				commissioner's discretion, publish notice by radio, television, or other
				electronic media. The notice will include
(1)
				a summary of information pertinent to the royalty contract, including quantity,
				current price, and termination date;
(2) a statement indicating where copies of
				the contract may be obtained; and
(3) a statement that any person may file
				written comments on the notice with the commissioner within 30 days after
				publication of the notice.
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.030 - Determination of noncompetitive disposition

Current through May 31, 2024
(a) If the
				commissioner determines that the royalty oil, gas, or associated substances
				will be disposed of by a method other than by competitive bid, the commissioner
				will make this determination in writing.
(b) The determination to dispose of royalty
				oil, gas, or associated substances by a method other than by competitive bid
				will be made on the basis either that the best interests of the state do not
				require a competitive disposition or that no competition exists. The written
				determination will include the specific findings and conclusions for the
				commissioner's determination. The commissioner, in determining whether
				competition exists, will, in the commissioner's discretion, consider the effect
				of the circumstances, terms, and conditions of the contemplated disposition
				upon potential competition.
(c)
				Determinations made for a noncompetitive disposal will, in the commissioner's
				discretion, be made at any time before the execution of an agreement for the
				disposal. However, the commissioner will notify the Alaska Royalty Oil and Gas
				Development Advisory Board in the manner set out in
				11 AAC 03.040 before the issuance
				of a determination that a sale is to be made by a method other than by
				competitive bid.
Authority:
AS
					 38.05.020
AS 38.05.183
AS
					 38.06.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.040 - Notification to royalty board

Current through May 31, 2024
If the commissioner intends to waive competitive bid, the
				  commissioner will notify the Alaska Royalty Oil and Gas Development Advisory
				  Board by having a copy of the proposed written determination delivered
				  personally, sent by electronic mail with return receipt or sent by certified
				  mail, to each member of the royalty board.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.050 - Procedure for noncompetitive disposition

Current through May 31, 2024
The commissioner will, in the commissioner's discretion, set
				  out in writing the procedures the commissioner intends to use in making a
				  disposition of royalty oil, gas, or associated substances without competitive
				  bid. If issued, those procedures will be followed unless the commissioner
				  determines in writing that it is in the best interests of the state to not
				  follow those procedures. In conformity with that determination, the
				  commissioner will, in the commissioner's discretion, set out new written
				  procedures to be followed in making the sale, exchange, or disposition. The
				  commissioner will, in the commissioner's discretion, enter into a
				  noncompetitive disposition of royalty oil, gas, or associated substances
				  without issuing written procedures for that noncompetitive
				  disposition.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.060 - Award of noncompetitive disposal

Current through May 31, 2024
(a) A
				noncompetitive disposal will be made to the prospective buyer whose proposal
				reasonably offers the maximum benefits to the citizens of Alaska as determined
				by the commissioner. In determining which proposal offers the maximum benefits,
				the commissioner will consider the criteria described in
				AS
				38.05.183(e).
(b) The commissioner will make the award
				determination in writing. In considering the criteria described in
				AS
				38.05.183(e), the
				commissioner will state which criteria apply to the proposed disposition, and
				discuss the weight given to the applicable criteria in determining the maximum
				benefit to the state. The relative importance given to individual criterion by
				the commissioner in each disposal does not bind or require similar weighting in
				other disposals. The determination made under this subsection is the best
				interests determination described in
				11 AAC 03.010(d).
Authority:
AS
					 38.05.020
AS 38.05.183
AS
					 38.06.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.070 - Rejection of proposals

Current through May 31, 2024
(a) If the commissioner has either (1)
				solicited proposals for the noncompetitive sale of royalty oil, gas, or
				associated substances, (2) issued a written determination to dispose of royalty
				oil, gas, or associated substances by a method other than by competitive bid,
				or (3) issued written procedures for the noncompetitive disposal of royalty
				oil, gas, or associated substances as described in
				11 AAC 03.050, and the
				commissioner proposes to reject any proposal or application received as a
				result of the solicitation, determination, or written procedures, the
				commissioner will notify the Alaska Royalty Oil and Gas Development Advisory
				Board in writing before rejecting the proposal or application.
(b) The notification required by (a) of this
				section will consist of a list of the names of the prospective buyers whose
				proposals are rejected along with their proposals and any correspondence
				received from the prospective buyers.
(c) The commissioner will, in the
				commissioner's discretion, reject unsolicited or uninvited proposals for the
				noncompetitive disposal of royalty oil, gas, or associated substances without
				notifying the Alaska Royalty Oil and Gas Development Advisory Board.
Authority:
AS
					 38.05.020
AS
					 38.06.050
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.100 - Disposition by competitive bid

Current through May 31, 2024
(a) A disposition
				of royalty oil, gas, or associated substances by competitive bid will, in the
				commissioner's discretion, be made without a written determination by the
				commissioner that the disposition of royalty oil, gas, or associated substances
				by competitive bidding is in the best interests of the state.
(b) A disposition of royalty oil, gas, or
				associated substances by competitive bid will, in the commissioner's
				discretion, be made by the commissioner without notice to the Alaska Royalty
				Oil and Gas Development Advisory Board; however, the commissioner will follow
				the procedures set out in
				11 AAC 03.210 and
				11 AAC 03.240.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.110 - Sealed bids

Current through May 31, 2024
A disposition of royalty oil, gas, or associated substances
				  by competitive bid will be by sealed bid. The bids must be addressed to the
				  commissioner and must be delivered in the manner, to the place, and by the date
				  and time specified in the invitation to bid. Bids will be opened in public at
				  the date, time, and place specified in the invitation to bid, unless the
				  commissioner designates a later time for opening.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.120 - Invitation to bid

Current through May 31, 2024
A disposition of royalty oil, gas, or associated substances
				  by competitive bid will be initiated by the commissioner by issuance of an
				  invitation to bid. The invitation to bid will specify the quantity of oil, gas,
				  or associated substances to be sold, the term of disposition, the point of
				  delivery, and any other terms and conditions of the disposition considered
				  necessary by the commissioner. The commissioner will, in the commissioner's
				  discretion, include a form contract in the invitation rather than specifying
				  terms and conditions. The invitation will specify qualifications of bidders
				  and, if a determination of the qualification of a bidder by the commissioner is
				  required, an explanation of the procedure for qualification. If priorities
				  among bidders are to be assigned, the invitation will include an explanation of
				  the procedure for obtaining a priority designation. The invitation will specify
				  where, when, and how bids may be submitted to the commissioner and will specify
				  the bond or other security which must accompany the bid. The invitation will
				  specify the date, time, and place of bid opening, and the procedures under
				  which the royalty oil will be awarded and contracts for disposition
				  executed.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.130 - Security

Current through May 31, 2024
The commissioner may require that security, which in his
				  judgment is adequate to ensure performance by a bidder, be submitted either
				  with the bid, with the application for qualification, or at any other time the
				  commissioner considers appropriate. The security may be a bid bond, performance
				  bond, cash deposit, letter of credit or any other form of security prescribed
				  by the commissioner in the invitation to bid. The commissioner will prescribe
				  in the invitation to bid the time of submission of the security, the amount of
				  security, and the terms and conditions of the security.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.140 - Advertisement

Current through May 31, 2024
The commissioner will give notice of the invitation to bid at
				  least 30 days before the deadline for submission of bids. The commissioner
				  will, in the commissioner's discretion, give notice in national business,
				  financial, petroleum, or other publications. The notice will specify the
				  quantity of oil, gas, or associated substances offered for sale, the terms of
				  the sale, the source of the oil, gas, or associated substances and the point of
				  delivery, the date by which bids are to be received, the qualifications of
				  bidders, any priorities or preferences to be accorded among bidders, and the
				  place or places at which invitations to bid may be obtained.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.150 - Distribution of invitation to bid

Current through May 31, 2024
An invitation to bid will be mailed or personally delivered
				  to any person requesting an invitation after the date of its issuance.
				  Invitations will, in the commissioner's discretion, be mailed to persons who
				  have expressed an interest in purchase of state royalty oil, gas, or associated
				  substances before the issuance of the invitation to bid if a record of those
				  persons was maintained in the commissioner's office. The commissioner, however,
				  is not required to mail invitations to all previously interested persons if
				  they are mailed to some.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.160 - Qualifications of bidders

Current through May 31, 2024
The commissioner will set the qualifications of persons
				  entitled to bid for royalty oil, gas, or associated substances. If the
				  commissioner finds that the bid award process would be facilitated by
				  determination of those persons who are qualified to bid before the submission
				  of bids, the commissioner will make those determinations in accordance with
				  procedures set out in the invitation to bid. If the invitation to bid requires
				  the advance qualification of bidders, bids will be accepted only from persons
				  who the commissioner determines meet the qualifications of a
				  bidder.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.170 - Priorities among bidders

Current through May 31, 2024
The commissioner will, in the commissioner's discretion, for
				  a sale by competitive bid, establish special classes of bidders which may
				  include in-state suppliers and processors as defined in
				  11 AAC 03.190 and
				  11 AAC 03.200. These special
				  classes may be entitled to priority in receiving an award of royalty oil, gas,
				  or associated substances over the general class of bidders or over each other
				  in the manner specified in the invitation to bid.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.180 - Designation of priority

Current through May 31, 2024
A bidder is entitled to a priority over general bidders if
				  the bidder meets the requirements of the special classes described in the
				  invitation to bid and applies to the commissioner for a designation of priority
				  rating before submitting a bid for royalty oil, gas, or associated substances.
				  Application must be made in the manner and at the time specified in the
				  invitation to bid. A bidder is not entitled to exercise a priority over general
				  bidders unless the bidder has received designation from the commissioner under
				  this section and has met any requirements listed in the invitation to bid
				  relating to the bid process.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.190 - In-state processor

Current through May 31, 2024
An "in-state processor" is a firm which possesses, or will
				  possess at the time of delivery of royalty oil, gas, or associated substances,
				  the ability to process crude oil, gas, or associated substances into refined
				  petroleum products at a processing facility owned by it in the state.
				  Additional requirements for inclusion in this class will, in the commissioner's
				  discretion, be prescribed for each disposal of royalty oil, gas, or associated
				  substances in the invitation to bid for that disposal.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.200 - In-state supplier

Current through May 31, 2024
An "in-state supplier" is a firm which possesses the ability
				  to process crude oil, gas, or associated substances into refined petroleum
				  products at a processing facility owned by it inside or outside the state, and
				  which sells refined petroleum products to distributors or consumers in the
				  state. Additional requirements for inclusion in this class will, in the
				  commissioner's discretion, be prescribed for each disposal of royalty oil, gas,
				  or associated substances in the invitation to bid for that
				  disposal.
Authority:
AS
					 38.05.020
AS
					 38.05.183
Alaska Administrative Code › Title 11 - Natural Resources › Part 1 - Office of the Commissioner › Chapter 03 - Disposition of Royalty Oil, Gas, or Gas Liquids › 11 AAC 03.210 - Rejection of bids

Current through May 31, 2024
(a) The commissioner will, in the
				commissioner's discretion, reject any or all bids received for royalty oil,
				gas, or associated substances in response to an invitation to bid, for any
				reason described in
				AS
				38.05.183(b).
(b) The commissioner will, in the
				commissioner's discretion, reject a bid that does not conform to the
				requirements of the invitation to bid.
(c) The commissioner will reject a bid for
				royalty oil that does not offer a price at least equal to the volume-weighted
				average of the current reported netback prices filed by the lessees for royalty
				purposes for those filing periods applicable to the term of the disposition.
				The commissioner will reject a bid for royalty gas that does not offer at least
				the amount which the state would have received for the gas if the state had
				taken the gas in-value.
(d) After
				the award of bids but before the execution of contracts for the disposal of the
				royalty oil, gas, or associated substances, the commissioner will notify each
				member of the Alaska Royalty Oil and Gas Development Advisory Board of his
				proposed rejections by certified mail or personal delivery.
Authority:
AS
					 38.05.020
AS 38.05.183
AS
					 38.06.050