11 AAC — Natural Resources

Part 1 Office of the Commissioner

Chapter 02 Appeals

11 AAC 02.010 Applicability and eligibility

(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.

History

Authority: AS 03.05.010; AS 38.05.035; AS 41.17.055 AS 29.65.050; AS 38.08.110; AS 41.21.020 AS 29.65.120; AS 38.09.110; AS 44.37.011 AS 38.04.900; AS 38.50.160; AS 46.15.020 AS 38.05.020; AS 41.15.020; AS 46.17.030
Eff. 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 02.015 Combined decisions

(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.

History

Authority: AS 29.65.050; AS 38.05.020; AS 38.09.110 AS 29.65.120; AS 38.05.035; AS 38.50.160 AS 38.04.900; AS 38.08.110
Eff. 9/19/2001, Register 159; am 12/27/2012, Register 204

11 AAC 02.020 Finality of a decision for purposes of appeal to court

(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.

History

Authority: AS 03.05.010; AS 38.05.035; AS 41.17.055 AS 29.65.050; AS 38.08.110; AS 41.21.020 AS 29.65.120; AS 38.09.110; AS 44.37.011 AS 38.04.900; AS 38.50.160; AS 46.15.020 AS 38.05.020; AS 41.15.020; AS 46.17.030
Eff. 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 02.030 Filing an appeal or request for reconsideration

(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 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 11 AAC 05.160.

(b) At the time an appeal is filed, and up until the deadline set out in 11 AAC 02.040(a) to file the appeal, an appellant may submit additional written material in support of the appeal, including evidence or legal argument.

(c) If public notice announcing a comment period of at least 30 days was given before the decision, an appellant may not submit additional written material after the deadline for filing the appeal, unless the appeal meets the requirements of (a) of this section and includes a request for an extension of time, and the department determines that the appellant has shown good cause for an extension. In considering whether the appellant has shown good cause, the department will consider factors including one or more of the following:

(1) comments already received from the appellant and others;

(2) whether the additional material is likely to affect the outcome of the appeal;

(3) whether the additional material could reasonably have been submitted without an extension;

(4) the length of the extension requested;

(5) the potential effect of delay if an extension is granted.

(d) If public notice announcing a comment period of at least 30 days was not given before the decision, an appellant may submit additional written material after the deadline for filing the appeal, if the appeal meets the requirements of (a) of this section and includes a notice of intent to file the additional written material. The department must receive the additional written material within 20 days after the deadline for filing the appeal, unless the appeal also includes a request for an extension of time, and the department determines that the appellant has shown good cause for an extension. In considering whether the appellant has shown good cause, the department will consider factors including one or more of the following:

(1) comments already received from the appellant and others;

(2) whether the additional material is likely to affect the outcome of the appeal;

(3) whether the additional material could reasonably have been submitted without an extension;

(4) the length of the extension requested;

(5) the potential effect of delay if an extension is granted.

(e) At the time a request for reconsideration is filed, and up until the deadline to file a request for reconsideration, an appellant may submit additional written material in support of the request for reconsideration, including evidence or legal argument. No additional written material may be submitted after the deadline for filing the request for reconsideration.

(f) If the decision is one described in 11 AAC 02.060(c), an appellant may ask for a stay as part of the appeal or request for reconsideration. The appellant must include an argument as to why the public interest requires a stay.

History

Authority: AS 03.05.010; AS 38.05.035; AS 41.21.020 AS 29.65.050; AS 38.08.110; AS 44.37.011 AS 29.65.120; AS 38.09.110; AS 46.15.020 AS 37.10.050; AS 38.50.160; AS 46.17.030 AS 38.04.900; AS 41.15.020 AS 38.05.020; AS 41.17.055
Eff. 11/7/90, Register 116; am 9/19/2001, Register 159; am 7/1/2018, Register 227

11 AAC 02.040 Timely filing; issuance of decision

(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.

(e) The date of issuance constitutes delivery or mailing for purposes of a reconsideration request under AS 44.37.011(d) or AS 44.62.540(a).

History

Authority: AS 03.05.010; AS 38.05.035; AS 41.17.055 AS 29.65.050; AS 38.08.110; AS 41.21.020 AS 29.65.120; AS 38.09.110; AS 44.37.011 AS 38.04.900; AS 38.50.160; AS 46.15.020 AS 38.05.020; AS 41.15.020; AS 46.17.030
Eff. 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 02.050 Hearings

(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.

(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.

History

Authority: AS 03.05.010; AS 38.08.110; AS 41.17.055 AS 29.65.120; AS 38.09.110; AS 41.21.020 AS 38.04.900; AS 38.50.160; AS 46.15.020 AS 38.05.020; AS 41.15.020; AS 46.17.030
Eff. 11/7/90, Register 116

11 AAC 02.060 Stays; exceptions

(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.

(d) Timely appealing or requesting reconsideration of a decision described in (c) of this section does not automatically stay the decision. However, the commissioner will impose a stay, on the commissioner's own motion or at the request of an appellant, if the commissioner determines that the public interest requires it.

(e) A decision takes effect immediately if no party is eligible to appeal or request reconsideration and the commissioner waives the commissioner's right to review or reconsider the decision.

History

Authority: AS 03.05.010; AS 38.05.035; AS 41.17.055 AS 29.65.050; AS 38.08.110; AS 41.21.020 AS 29.65.120; AS 38.09.110; AS 46.15.020 AS 38.04.900; AS 38.50.160; AS 46.17.030 AS 38.05.020; AS 41.15.020
Eff. 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 02.070 Waiver of procedural violations

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.

History

Authority: AS 03.05.010; AS 38.05.035; AS 41.17.055 AS 29.65.050; AS 38.08.110; AS 41.21.020 AS 29.65.120; AS 38.09.110; AS 46.15.020 AS 38.04.900; AS 38.50.160; AS 46.17.030 AS 38.05.020; AS 41.15.020
Eff. 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 02.080 Definitions

Repealed.

History

Eff. 11/7/90, Register 116; repealed 9/19/2001, Register 159

11 AAC 02.900 Definitions

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.

History

Authority: AS 03.05.010; AS 38.08.110; AS 44.37.011 AS 29.65.050; AS 38.09.110; AS 44.62.540 AS 29.65.120; AS 38.50.160; AS 46.15.020 AS 38.04.900; AS 41.15.020; AS 46.17.030 AS 38.05.020; AS 41.17.055 AS 38.05.035; AS 41.21.020
Eff. 9/19/2001, Register 159

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

(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.

History

Authority: AS 38.05.020; AS 38.05.182; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.015 Taking royalty oil, gas, or associated substances in-kind

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

(3) the products must be delivered to the state or its designated purchaser free of charge at the point specified in the lease, for determination of the value of the royalty product as if the product to be taken were to be paid in money rather than taken in-kind; the condition of the product must be the same as the non-royalty share at the point of taking; the lessee shall, if necessary, furnish safe storage for the royalty share free of charge for the same duration and in the same manner as storage is provided for the non-royalty share.

History

Authority: AS 38.05.020; AS 38.05.180 AS 38.05.145; AS 38.05.182
Eff. 7/19/86, Register 99; am 5/22/93, Register 126

11 AAC 03.020 Procedures to be followed for dispositions

(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.

(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.

(d) When making public the written preliminary findings and determinations prepared under (c)(1) of this section, the commissioner will give written notice of the proposed disposal

(1) by publication in newspapers of statewide circulation, and by one or more of the following methods:

(A) publication through public service announcements on the electronic media;

(B) notification of parties known or likely to be affected by the action; or

(2) which contains sufficient information, in commonly understood terms, to inform the public of the nature of the action and of the opportunity of the public to comment on the action.

(e) When the commissioner disposes of royalty oil, gas, or associated substances to relieve storage conditions, the commissioner will provide public notice appropriate under the circumstances, but need not prepare preliminary findings. However, the commissioner will notify the Alaska Royalty Oil and Gas Development Advisory Board of the storage or market condition, and will prepare final written findings and determinations for the disposal.

History

Authority: AS 38.05.020; AS 38.05.183; AS 38.06.055
Eff. 12/20/80, Register 76; am 8/8/84, Register 91; am 9/28/85, Register 95; am 5/22/93, Register 126

11 AAC 03.022 Storage conditions

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.

History

Authority: AS 38.05.020; AS 38.05.183; AS 38.06.055
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.024 Market conditions

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.

History

Authority: AS 38.05.020; AS 38.05.183; AS 38.06.055
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 12/15/84, Register 92; am 7/12/85, Register 95; am 9/28/85, Register 95; am 5/22/93, Register 126

11 AAC 03.026 Provisions applicable to royalty contracts

(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.

(b) In establishing or renegotiating the price of a royalty oil contract, the commissioner will obtain 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, plus field costs, if any, incurred by the royalty share. In establishing or renegotiating the price of a royalty gas contract, the commissioner will obtain a price at least equal to the price that would have been received had the gas been taken in-value, plus field costs, if any, incurred by the royalty share, unless the commissioner determines that a lower price for the royalty gas would best serve the state's interest.

(c) The commissioner will submit to the legislature for approval any material amendment to a royalty contract which appreciably reduces the consideration received by the state.

History

Authority: AS 38.05.020; AS 38.05.182; AS 38.05.183
Eff. 8/8/84, Register 91; am 12/15/84, Register 92; am 9/28/85, Register 95; am 5/22/93, Register 126

11 AAC 03.030 Determination of noncompetitive disposition

(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.

History

Authority: AS 38.05.020; AS 38.05.183; AS 38.06.050
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.040 Notification to royalty board

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/10/2017, Register 223

11 AAC 03.050 Procedure for noncompetitive disposition

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.060 Award of noncompetitive disposal

(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).

History

Authority: AS 38.05.020; AS 38.05.183; AS 38.06.070
Eff. 12/12/80, Register 76

11 AAC 03.070 Rejection of proposals

(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.

History

Authority: AS 38.05.020; AS 38.06.050
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.080 Storage conditions

Repealed 5/22/93.

11 AAC 03.090 Market conditions

Repealed 5/22/93.

11 AAC 03.091 Provisions applicable to royalty contracts

Repealed 5/22/93.

11 AAC 03.100 Disposition by competitive bid

(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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.110 Sealed bids

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.120 Invitation to bid

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.130 Security

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76

11 AAC 03.140 Advertisement

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.150 Distribution of invitation to bid

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.160 Qualifications of bidders

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.170 Priorities among bidders

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.180 Designation of priority

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.190 In-state processor

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.200 In-state supplier

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.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.210 Rejection of bids

(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.

History

Authority: AS 38.05.020; AS 38.05.183; AS 38.06.050
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 12/15/84, Register 92; am 9/28/85, Register 95; am 5/22/93, Register 126

11 AAC 03.220 Awards

Royalty oil, gas, or associated substances will be awarded to the highest responsible bidder unless a bidder in a special class, as defined in the invitation to bid, exercises a priority over a general bidder. A bidder entitled to exercise a priority may purchase the royalty oil, gas, or associated substances at a price equal to the price bid by the highest responsible bidder in the manner provided in the invitation to bid. A bidder in a special class is entitled to exercise a priority over a general bidder in the order provided in the invitation to bid.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.230 Conference with bidder

Any bidder who believes that his bid was rejected in error may request a conference with the commissioner to discuss his objections to the commissioner's action. At the conference the bidder shall present his objections to the commissioner in writing. After the conference, the commissioner will send the bidder a written response to his objections. Time periods for requesting a conference and for holding the conference will be set out in the invitation to bid.

History

Authority: AS 38.05.020; AS 38.05.183
Eff. 12/12/80, Register 76

11 AAC 03.240 Execution of contract for competitive disposal

(a) After the opening of the bids but before the execution of the contracts, the commissioner will indicate the commissioner's intention to either reject all bids, or execute contracts with a bidder or bidders and reject all other bidders by awarding the royalty oil, gas, or associated substances to the successful bidder or bidders. The award may be made orally at the bid opening or in writing if the award is made after the bid opening.

(b) No contract will be executed with the successful bidder or bidders until notification of the intention to reject all other bidders has been given to the Alaska Royalty Oil and Gas Development Advisory Board.

History

Authority: AS 38.05.020; AS 38.05.183; AS 38.06.050
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

11 AAC 03.250 Definitions

Unless the context indicates otherwise, in this chapter

(1) "award" means the preliminary identification of the successful bidder or bidders in a disposal of royalty oil, gas, or associated substances by competitive bid;

(2) "commissioner" means commissioner of the Department of Natural Resources;

(3) "disposal or disposition" includes a sale or exchange, but does not include amendments to existing royalty contracts that do not increase the amount of royalty oil, gas, or associated substances delivered or to be delivered under the contract;

(4) "general bidder" means all competitive bidders except those bidders entitled to a priority of any kind;

(5) "present or projected intrastate domestic and industrial needs" means in-state domestic and industrial demand at a competitive market price for the royalty oil, gas, or associated substances. "Competitive market price" includes, but is not limited to, a price established by competitive bid.

(6) For purposes of this chapter, "oil", "gas" and "associated substances" have the meanings set out in 11 AAC 88.185.

History

Authority: AS 38.05.020
Eff. 12/12/80, Register 76; am 8/8/84, Register 91; am 5/22/93, Register 126

Chapter 04 Payment of Oil and Gas Royalties

11 AAC 04.010 Applicability

(a) The provisions of this chapter apply to royalty payments in connection with all state oil and gas leases.

(b) This chapter does not apply to the accounting, reporting, and payment of the state's net profit share interest in connection with net profit share leases under 11 AAC 83.201 - 11 AAC 83.295.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/27/2002, Register 164; am 12/26/2019, Register 232

11 AAC 04.020 Designated payor

The lessee shall make all royalty payments and any other payments in accordance with its lease ownership interest, unless otherwise approved in writing by the department.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/26/2019, Register 232

11 AAC 04.030 Timing of payments

(a) Royalty payments are due on or before the last day of the calendar month following the month in which oil, gas, or associated substances are produced, saved, or removed or sold from a lease. If the last day of the month falls on a non-banking day for federally chartered banks, payments are due on the last banking day of the month for federally chartered banks.

(b) Repealed 12/26/2019.

(d) Repealed 12/26/2019.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/26/2019, Register 232

11 AAC 04.040 Supporting documentation for payments

(a) Supporting documentation for a royalty payment is due on the same day that the payment is due. Supporting documentation for a royalty payment must include all royalty reports, schedules, and attachments as required in forms prescribed by the department.

(b) Repealed 12/26/2019.

(d) The lessee shall send all supporting documentation for payments by approved electronic commerce method or in writing, to the address specified by the department.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/27/2002, Register 164; am 1/9/2014, Register 209; am 12/26/2019, Register 232

11 AAC 04.050 Methods of payment; payment application

(a) The lessee shall make royalty payments to the credit of the state by an automated clearing house transaction, by a wire transfer through the Federal Reserve System, or by another method as approved by the commissioner, to the address specified in writing by the department.

(b) The lessee shall make payments of amounts other than royalties, including payments of interest or administrative fees, in accordance with (a) of this section.

(c) The lessee shall make minimum royalty payments in accordance with the minimum royalty provisions of the lease, when applicable. Otherwise, the lessee shall make minimum royalty payments in accordance with (a) of this section.

(d) The division will

(1) apply a payment described in (a) - (b) of this section in the following order

(A) first to pay administrative fees;

(B) second to pay interest;

(D) fourth to reduce current principal; and

(2) apply the payment first to the accounting unit with the smallest produced volume for the production month being paid by the lessee.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/27/2002, Register 164; am 12/26/2019, Register 232

11 AAC 04.060 Royalty refunds and credits

(a) If the commissioner determines that the lessee has made an overpayment, the division will make a refund of the amount of the overpayment by warrant or credit. The division will make a refund by warrant only upon request of the lessee and only if the refund amount is more than $500. A request for refund by warrant must include the amount requested, the applicable revised supporting documentation required under 11 AAC 04.040, and a summary of facts explaining why an overpayment was made and how it was calculated. The division will pay a royalty overpayment refund with interest as provided in 11 AAC 04.070.

(b) The division will, in its discretion, apply a refund to offset amounts owed by a lessee on any other royalties due the state.

(c) Notice of crediting of the overpayment will be made by approved electronic commerce method or in writing to the address specified in writing by the lessee to the division. Payment of the overpayment by warrant will be made to the address provided by the lessee. The lessee may change the address to which payments are to be directed by providing written notice to the division.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/26/2019, Register 232

11 AAC 04.070 Interest payments

(a) If a royalty payment is unpaid or underpaid on the date the amount of the royalty payment is due, the division will assess an interest charge on the unpaid and underpaid royalty payment from the first day after the date the amount is due as specified in this chapter. The division will charge interest only on the amount of the payment not received and only for the number of days, including the day of the payment, the payment is late. Unless otherwise specified in the lease, the division will charge interest on a late payment or underpayment at the rate established by AS 38.05.135(d).

(b) If a royalty payment is overpaid the division will pay or credit interest on the overpayment from the first day after the date the royalty payment is due as specified in this chapter or received, whichever is later, until and including the date the overpayment is paid or credited. The division will pay or credit interest only on the amount of the payment received in excess of the amount due. Unless otherwise specified in the lease or in a settlement agreement, the division will pay or credit interest on an overpayment at the rate established by AS 38.05.135(e).

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/27/2002, Register 164

11 AAC 04.080 Administrative fee

The division will charge an administrative fee of $75 per day for failure to

(1) submit a complete set of original royalty reports and supporting documentation required under 11 AAC 04.040 to the division on or before the designated date due, beginning on the first day after the division provides notice to the lessee that the administrative fee will begin to accrue;

(2) submit revisions to a royalty report or supporting documentation under 11 AAC 04.040 resulting from settlements, lease administrative actions, or royalty accounting reconciliations, beginning on the 31st day after the division provides notice that a revision must be submitted not later than 30 days after the notice; or

(3) make royalty payments when due under 11 AAC 04.030, beginning on the first day after the division provides notice to the lessee that the administrative fee will begin to accrue.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/27/2002, Register 164; am 1/9/2014, Register 209

11 AAC 04.090 Waiver of administrative fee

(a) The commissioner may waive an administrative fee established under 11 AAC 04.080 if a lessee provides sufficient facts to establish reasonable cause for a delayed or incomplete royalty report or failure to pay royalties when due.

(b) A lessee must apply for a waiver of an administrative fee by filing a written statement of facts to establish reasonable cause for noncompliance as described in (a) of this section. The lessee must file the statement with the division within 10 days after the division notifies the lessee that an administrative fee is due.

(1) a war, riot, rebellion, act of God, or other disaster that made compliance impossible;

(2) acts or omissions by a third party that were beyond the control of the lessee, and that made noncompliance unavoidable; and

(3) the taking by the lessee, in good faith, of all steps and precautions reasonably necessary to ensure compliance.

History

Authority: AS 38.05.020
Eff. 2/21/98, Register 145; am 12/27/2002, Register 164; am 1/9/2014, Register 209

11 AAC 04.100 Appeal

A decision under this chapter may be appealed in accordance with 11 AAC 02.010 - 11 AAC 02.080.

History

Authority: AS 38.05.020
Eff. 2/21/98, Register 145

11 AAC 04.199 Definitions

In this chapter, unless the context clearly requires a different meaning:

(1) "accounting unit" means a unit, participating area, or lease which constitutes a single production, financial management and reporting entity;

(2) "commissioner" means the commissioner of the Department of Natural Resources or the commissioner's designee;

(3) "division" means the state division of oil and gas in the Department of Natural Resources;

(4) "lessee" means an individual, a partnership, or a corporation, that holds a working interest in a lease;

(5) "overpayment" means an amount greater than the amount due;

(6) "ACH transaction" means an electronic transaction by means of the Automated Clearing House (ACH) network for the interbank clearing of electronic payments for participating depository financial institutions;

(7) "royalty report" means a royalty operator report (O1 form), royalty valuation report (A1 form), and royalty or net profit share lease (NPSL) payment summary report (S1 form) for an accounting unit.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 2/21/98, Register 145; am 12/27/2002, Register 164; am 1/9/2014, Register 209

Chapter 05 Fees for Department Services

11 AAC 05.010 Fees

Repealed.

History

Eff. 1/1/86, Register 96; am 8/10/86, Register 99; am 9/28/86, Register 99; am 8/23/87, Register 103; am 1/28/88, Register 105; am 7/1/89, Register 110; addt'l am 7/1/89, Register 110; am 8/16/89, Register 111; am 12/9/89, Register 112; am 1/17/90, Register 113; am 3/16/91, Register 117; am 12/25/91, Register 120; am 5/14/92, Register 122; am 9/16/92, Register 123; am 4/18/93, Register 126; am 5/5/93, Register 126; am 10/1/94, Register 131; am 12/13/95, Register 136; am 2/16/96, Register 137; am 5/24/96, Register 138; am 5/18/97, Register 142; am 2/21/98, Register 145; am 7/29/98, Register 147; am 8/26/98, Register 147; am 9/10/98, Register 147; am 1/29/99, Register 149; am 5/9/99, Register 150; am 2/9/2001, Register 157; am 5/3/2001, Register 158; am 8/23/2001, Register 159; am 10/27/2002, Register 164; am 11/13/2002, Register 164; am 12/7/2002, Register 164; am 1/14/2004, Register 169; am 10/2/2004, Register 171; am 1/16/2005, Register 173; am 9/10/2005, Register 175; am 2/15/2006, Register 177; am 3/13/2006, Register 177; am 11/22/2006, Register 180; am 8/31/2008, Register 187; am 12/14/2008, Register 188; am 8/19/2009, Register 191; am 12/5/2009, Register 192; am 8/29/2013, Register 207; am 10/8/2017, Register 224; am 11/9/2017, Register 224; repealed 7/1/2018, Register 227

11 AAC 05.020 Applicability

(a) This chapter establishes the department's schedule of standard fees with the following exceptions:

(1) fees for services, documents, or actions to be performed or provided relating to Alaska mental health trust land are provided in 11 AAC 99.130;

(2) payments, fees, rents, or charges which are prescribed by statute or required by statute to be based on an appraisal of market value;

(3) this chapter does not limit

(A) the amount the department may charge or receive under contracts;

(B) the amount the department may charge or receive for bonuses, royalties, or rentals; or

(4) the department may require higher or additional fees under 11 AAC 05.270.

(b) A fee prescribed by this chapter is waived for a federal, state, or municipal agency, except that

(1) recorder's office and uniform commercial code fees prescribed by 11 AAC 05.200 and 11 AAC 05.250 are not waived;

(2) except as prohibited by federal law, water management fees prescribed by 11 AAC 05.260 are not waived;

(3) a fee is not waived if the federal, state, or municipal agency does not waive its fee for a similar document supplied to or application filed by the department;

(4) a fee for a computer-related service prescribed by 11 AAC 05.050 is not waived if the federal, state, or municipal agency does not reciprocate by providing a similar level of computer-related services to the department free of charge;

(5) a land use fee prescribed by 11 AAC 05.070, 11 AAC 05.130, 11 AAC 05.160, 11 AAC 05.180, 11 AAC 05.190, 11 AAC 05.230 or 11 AAC 05.270 is waived or reduced only if the federal, state, or municipal agency demonstrates to the department's satisfaction that the waiver or reduction is in the public interest;

(6) a material sale service or fee prescribed by 11 AAC 05.130 is waived or reduced only if the federal, state, or municipal agency agrees to provide goods, services, or other compensation to the department that the department considers sufficient for the service or materials; and

(7) discounts, waivers, and adjustments of fees for facilities, equipment, products, services, and publications of the Division of Geological and Geophysical Surveys are provided in 11 AAC 05.090(c).

(c) Unless otherwise specified under an applicable statute, this chapter, or another chapter of this title, a fee set out in this chapter is non-refundable.

(d) The receipt of a fee for an application or petition for a service or authorization under this chapter does not obligate the department to approve an application or petition, issue an authorization in whole or in part, or refrain from lawfully revoking or terminating an authorization. That determination or action is governed by and subject to the specific statutes and regulations relevant to the service, authorization, or approval.

History

Authority: AS 27.21.030; AS 38.05.255; AS 40.17.030 AS 27.21.940; AS 38.05.295; AS 40.25.110 AS 37.10.050; AS 38.05.550; AS 40.25.115 AS 37.10.052; AS 38.05.555; AS 41.06.020 AS 37.10.058; AS 38.05.560; AS 41.21.020 AS 38.04.045; AS 38.05.565; AS 41.21.026 AS 38.04.900; AS 38.05.600; AS 41.23.440 AS 38.05.020; AS 38.05.810; AS 44.37.020 AS 38.05.035; AS 38.05.850; AS 44.37.025 AS 38.05.057; AS 38.08.110; AS 44.37.027 AS 38.05.082; AS 38.09.020; AS 45.29.525 AS 38.05.083; AS 38.09.110; AS 45.50.315 AS 38.05.102; AS 38.35.020; AS 46.15.020 AS 38.05.133; AS 38.35.050; AS 46.15.035 AS 38.05.177; AS 38.50.160; AS 46.15.037 AS 38.05.180; AS 38.95.230 AS 38.05.250; AS 40.15.370
Eff. 7/1/2018, Register 227

11 AAC 05.030 Miscellaneous fees

(a) Except as provided in (b) and (c) of this section, this subsection lists fees for products, services, publications and filings not addressed in another provision of the chapter, as follows:

(1) late payment service charge, $50;

(2) returned check fee, $50;

(3) photocopy fee, if addressed in another provision of this chapter as follows:

(A) for a black-and-white photocopy not larger than 8.5 inches by 14 inches, $0.25 each sheet;

(B) for a color photocopy not larger than 8.5 inches by 14 inches, $0.40 each sheet;

(C) for a black-and-white photocopy, larger than a photocopy described in (A) of this paragraph, but not larger than 11 inches by 17 inches, $0.40 each sheet;

(D) for a color photocopy, larger than a photocopy described in (B) of this paragraph, but not larger than 11 inches by 17 inches, $0.65 each sheet;

(4) digital copy fee of a public record except if addressed in another provision of this chapter, as follows:

(A) $0.03 for each standard screen page; and

(B) for a public record on an electronic storage medium such as a CDROM or USB drive, a variable fee that does not exceed the department's actual cost for the storage medium or device;

(5) fee for a black-and-white or color reproduction of a document, map, plat, or diagram, other than a reproduction described in (3) and (4) of this subsection, $0.75 each square foot;

(6) for other publications and special-purpose information packets not addressed in another provision of this chapter, a variable fee that does not exceed the department's costs to produce the publication;

(7) for a document certified as true, $5 each document;

(8) for postage, or other delivery method for the production of public records, a variable fee that will not exceed the department's costs to deliver the records;

(9) for staff time for research, $50 each hour;

(b) A fee under (a)(3) - (a)(5) of this section is waived if fees result in an aggregate cost of $5 or less.

(c) Fees for public records-related services, including those electronic services and products subject to AS 40.25.115 are as follows:

(1) for computer programming, analysis, and production regarding electronic records under AS 40.25.115, the actual amount charged to the department by the Department of Administration for the computer programming, analysis, and production;

(2) for computer programming and processing on the state mainframe, the actual amount charged to the department by the Department of Administration for the computer programming and processing;

(3) for services or products created by the department,

(A) the actual cost of developing or providing the requested electronic service or product; or

(B) for staff time required under AS 40.25.100 for research using existing electronic services, $50 each hour.

History

Authority: AS 27.21.030; AS 38.05.255; AS 40.17.030 AS 27.21.940; AS 38.05.295; AS 40.25.110 AS 37.10.050; AS 38.05.550; AS 40.25.115 AS 37.10.052; AS 38.05.555; AS 41.06.020 AS 37.10.058; AS 38.05.560; AS 41.21.020 AS 38.04.045; AS 38.05.565; AS 41.21.026 AS 38.04.900; AS 38.05.600; AS 41.23.440 AS 38.05.020; AS 38.05.810; AS 44.37.020 AS 38.05.035; AS 38.05.850; AS 44.37.025 AS 38.05.057; AS 38.08.110; AS 44.37.027 AS 38.05.082; AS 38.09.020; AS 45.29.525 AS 38.05.083; AS 38.09.110; AS 45.50.315 AS 38.05.102; AS 38.35.020; AS 46.15.020 AS 38.05.133; AS 38.35.050; AS 46.15.035 AS 38.05.177; AS 38.50.160; AS 46.15.037 AS 38.05.180; AS 38.95.230 AS 38.05.250; AS 40.15.370
Eff. 7/1/2018, Register 227

11 AAC 05.040 Agriculture

The fee for an application for an agricultural preference right under AS 38.05.069 is $175.

History

Authority: AS 38.05.020; AS 38.05.069 AS 38.05.035; AS 44.37.020
Eff. 7/1/2018, Register 227

11 AAC 05.050 Computer-related services, other than those electronic services and products subject to AS 40.25.115

The fees for computer-related services other than those electronic services and products subject to AS 40.25.115, and other than computer-related services addressed in another provision of this chapter, are as follows:

(1) for a paper printout for a batch report, the amount charged to the department by the Department of Administration for printing the report;

(2) for an online paper printout,

(A) black-and-white, and not larger than 3.5 inches by 14 inches, $0.25 each page;

(B) color, and not larger than 8.5 inches by 14 inches, $0.40 each page;

(3) for programming, analysis, and production, the actual amount charged to the department by the Department of Administration for the computer programming, analysis, and production, not including overtime;

(4) for technical training, $73 each hour for regular staff time;

(5) for computer programming and processing on the state mainframe, the amount charged to the department by the Department of Administration for the computer programming and processing;

(6) for other computer processing, on the department's plotters, $1.75 each minute;

(7) for a plotter medium that consists of

(A) opaque paper, $1.75 each foot;

(B) mylar or acetate, $5 each square foot.

History

Authority: AS 38.05.020; AS 38.05.035
Eff. 7/1/2018, Register 227

11 AAC 05.070 Easements and rights-of-way

(a) Fees established under this section are for authorizations, petitions and services under AS 38 and AS 19 for easements and rights-of way. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) or (d)(2) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) or (d)(2) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,

(1) the department may, in addition to the fee established in (d)(1) of this section,

(A) charge an additional hourly fee under (d)(3) of this section for staff time in excess of the maximum hours set out in (d)(1) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for authorizations, petitions and services under AS 38.05 and AS 19.30.410 regarding easements and rights-of-way are as follows:

(1) for an application for surface use authorization, petition or other service related to easements and rights-of-way, for

(A) a public or private easement or right-of-way other than in (F), (G), (H), (I), (J) or (K) of this paragraph,

(i) for a total of no more than one acre in area, $600;

(ii) for a total greater than one acre in area, $1,500 for up to 60 hours of staff time;

(B) an amendment of a public or private easement or right-of-way, for

(i) an amendment to right-of-way or easement or development plan that authorizes the use of additional state land or resources, the amount established under (A) of this paragraph;

(ii) an amendment to easement, right-of-way or development plan that does not authorize the use of additional state land or resources, $300;

(C) a public or private easement or right-of-way for unauthorized uses, $500, in addition to fees in (A) or (B) of this paragraph;

(D) an assignment of a public or private easement or right-of-way, $500 for up to 20 hours of staff time;

(E) an application to develop improvements within an existing public or private easement or right-of-way, $250 for up to 10 hours of staff time;

(F) a public or private easement or right-of-way for erosion control purposes for a total of no more than one acre in area, $1,500 for up to 60 hours of staff time;

(G) a public or private easement or right-of-way for erosion control purposes for a total greater than one acre in area, or a public easement or right-of-way for erosion control purposes by a state or federal agency or municipality, $5,000 for up to 200 hours of staff time;

(H) a petition to vacate or modify an easement or right-of-way, including an R.S. 2477, $2,500 for up to 100 hours of staff time;

(I) relocating an R.S. 2477 under 11 AAC 51.065(k), $2,000 for up to 80 hours of staff time;

(J) closing or restricting an existing public easement or right-of-way, including an R.S. 2477 right-of-way,

(i) for a closure or restriction of a public access easement or right-of-way for six months or less, $500 for up to 20 hours of staff time;

(ii) for a closure or restriction of a public access easement or right-of-way more than six months, $2,500 for up to 100 hours of staff time;

(K) a pipeline right-of-way, for

(i) a proposed pipeline of less than 50 miles, $2,000 for up to 80 hours of staff time; or

(ii) a proposed pipeline of 50 miles or more, $5,000 for up to 200 hours of staff time;

(2) for surface land use related to easements and rights-of-way, for

(A) a private easement or right-of-way for

(i) a non-exclusive use $600 annually, plus $300 annually for each acre above two;

(ii) an exclusive use, the yearly fair market rental value of the land, as determined by an appraisal at the applicant's expense, and subject to adjustment at five-year intervals based on the changes in the Consumer Price Index for all urban consumers, Anchorage Metropolitan Area (semi-annual Average) compiled by the Bureau of Labor Statistics, United States Department of Labor, as revised, rebased, or replaced by that bureau, but no less than the fee prescribed in (i) of this subparagraph;

(B) a public easement or right-of-way other than for (C) or (G) of this paragraph, a one-time fee of $150 each acre unless otherwise provided in a reciprocal right-of-way agreement;

(D) a closure or restriction of a public access easement or right-of-way for six months or less, $125 monthly each mile;

(E) a closure or restriction of a public access easement or right-of-way more than six months, $750 annually each mile;

(F) a private easement or right-of-way for erosion control purposes

(i) for a non-exclusive non-commercial use for a total of no more than one acre in area, a one-time fee of $2,000;

(ii) for a non-exclusive non-commercial use for a total greater than one acre in area for non-linear authorizations, $600 annually;

(iii) for a non-exclusive commercial use for total of no more than one acre in area, $600 annually;

(iv) for a non-exclusive commercial use for a total greater than one acre in area, $600 annually, plus $300 annually for each acre above two;

(G) a public easement or right-of-way for erosion control purposes by a state or federal agency or municipality, a one-time fee of $5,000;

(H) a public easement or right-of-way for erosion control purposes by other than by a state or federal agency or municipality,

(i) for no more than one acre, a one-time fee of $2,000;

(ii) for more than one acre, a one-time fee of $5,000;

(I) an entry authorization for an approved easement or right-of-way for site development for authorizations addressed in (d)(2)(A) through (d)(2)(C), (d)(2)(F)(ii) through (iv), and (d)(2)(G) through (d)(2)(H) of this section, $300 annually, plus $150 annually for each acre above two;

(3) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

(e) In addition to the fee provided for under (d)(1) of this section, for a private or public easement or right-of-way issued to authorize an unauthorized use, a director's order establishing fees may require the applicant to pay the fee prescribed under (d)(2)(A) - (G) of this section for each year the applicant occupied the installation on state land prior to the approval of the easement or right-of-way; this provision may be waived if the department determines the improvements are in the public interest or if the improvements predate the applicant's ownership.

History

Authority: AS 37.10.050; AS 38.05.035; AS 38.35.050 AS 37.10.058; AS 38.05.565; AS 38.35.140 AS 38.04.058; AS 38.05.810; AS 44.37.020 AS 38.04.200; AS 38.05.850 AS 38.05.020; AS 38.35.020
Eff. 7/1/2018, Register 227

11 AAC 05.080 Forestry

Fees to apply for authorizations related to forestry, and fees to obtain forestry-related publications or services are as follows:

(1) beach log salvage license, $1,000;

(2) log brand registration, $50;

(3) transfer of log brand registration, $25;

(4) renewal of log brand registration, $25.

History

Authority: AS 38.05.035; AS 45.50.315
Eff. 7/1/2018, Register 227

11 AAC 05.090 Geological and geophysical surveys, facilities, equipment, products, services, and publications

(a) For facilities, equipment, products, services, and publications related to geological and geophysical surveys, fees are set by a written order of the director of the division of geological and geophysical surveys. The director shall

(1) post the order

(A) continuously from the date of issuance of the order on the division of geological and geophysical surveys' public web page on the department's website; and

(B) on the Alaska Online Public Notice System (AS 44.62.175) for a minimum of 30 consecutive days from the date of issuance of the order; and

(2) establish in the order fees that do not exceed the amounts established under (b) of this section.

(b) Fees for facilities, equipment, products, services, and publications from the center may not exceed the following amounts:

(1) for research space, including a basic zoom stereo microscope, a digital sample balance, basic sampling equipment, water spray bottles, 10 percent acid solution, a fluoroscope, whiteboards, and

(A) a single table, six feet in length, in the main core viewing room,

(i) $40 each half day;

(ii) $60 each day;

(B) a single roller table, not more than 34 feet in length, in the main core viewing room,

(i) $60 each half day;

(ii) $125 each day;

(D) use of the confidential core-viewing room, including a single roller table 25 feet in length,

(i) $175 each half-day;

(ii) $275 each day;

(2) for space rental of

(A) the conference room, including all audio-visual equipment and a conference telephone,

(i) $175 each half-day;

(ii) $275 each day;

(B) warehouse shelving, with a one-shelf minimum of three feet by eight feet, $60 each month, and $2.50 for each additional square foot each month;

(D) exterior space, with a 500-square-foot minimum, $1 for each square foot each month;

(3) for equipment rental of

(A) a stereoscope,

(i) $30 each half-day;

(ii) $50 each day;

(B) an advanced, photo-capable petrographic microscope,

(i) $50 each half-day;

(ii) $80 each day;

(i) $40 each half-day;

(ii) $70 each day;

(D) a rock saw, including use of a sample-processing room but not including saw blades,

(i) $80 each day for a 14-inch rock saw;

(ii) $120 each day for a 20-inch rock saw;

(E) non-destructive core analytical tools, including x-ray fluorescence (XRF) and gamma-ray spectrometers, $150 each day;

(4) for services that individuals provide and that consist of

(A) delivery of drill cuttings to the viewing area, $8 each box;

(B) delivery of outcrop or miscellaneous rock samples to the viewing area, $8 each box;

(D) delivery of processed slides to the viewing area, $5 each box;

(E) labor, clerical, or research support, for

(i) the first hour, no fee;

(ii) each additional hour, $56;

(F) sample processing that involves

(i) longitudinal slabbing or splitting of a rock core up to 2.6 inches in diameter, $8 each foot;

(ii) longitudinal slabbing or splitting of a rock core greater than 2.6 inches in diameter, $10 each foot;

(iii) sample tray marking, $15 each box;

(iv) rock core plugging, $15 each plug;

(v) miscellaneous rock sample cutting or processing, $56 each hour;

(G) digital photography that consists of

(i) a photograph of a core box, $8 each;

(ii) a magnified photograph of a subsection of a core, $5 each;

(iii) a photomicrograph of a thin section, $8 each;

(iv) a photograph of a hand sample, $4 each;

(v) a photograph of a specimen, $4 each;

(5) for large data distribution that consists of

(A) a two-dimensional seismic dataset,

(i) full dataset fees of $7,500, plus $75 each line mile;

(ii) a post-stack data fee of 25 percent of full dataset fees, with the post-stack data fee counting toward full dataset fees;

(iii) a pre-stack data fee of 75 percent of full dataset fees, with the pre-stack data fee counting toward full dataset fees;

(B) a three-dimensional seismic dataset,

(i) full dataset fees of $15,000, plus $250 each square mile, plus $1 each gigabyte;

(ii) a post-stack data fee of 25 percent of full dataset fees, with the post-stack data fee counting toward full dataset fees;

(iii) a pre-stack data fee of 75 percent of full dataset fees, with the pre-stack data fee counting toward full dataset fees;

(C) other data, $56 for each hour of staff time for data processing in excess of one hour, not including copy time, plus the center's actual cost for each electronic storage medium or device if provided to the requestor by the center;

(6) for an extended rental and service package that consists of

(A) a research package, including the use of one roller table not more than 34 feet in length in the main core viewing room, use of the conference room, use of counter space, processed slide retrieval and box-pulling, use of a microscope and other equipment, core photography, and sample processing except core slabbing or splitting, for a duration of

(i) one work day, $750;

(ii) one work week, $3,000;

(iii) one month, $7,500;

(iv) one year, $20,000;

(B) a confidential research package, including the use of one confidential core viewing room, use of the conference room, processed slide retrieval and box-pulling, use of an advanced microscope and other equipment, core photography, and sample processing except core slabbing or splitting, for a duration of

(i) one work day, $900;

(ii) one work week, $3,500;

(iii) one month, $10,000;

(iv) one year, $30,000;

(7) for publications

(A) available as online downloads, no fee;

(B) available on an electronic storage medium or device, a variable fee that does not exceed the center's actual cost for each storage medium or device, plus $56 for each hour of staff time for data processing in excess of one hour.

(1) for an student or class from an elementary school, secondary school, or accredited postsecondary educational institution, if the student or class is using the facility for education, including educators promoting the theory and practice of teaching; or

(2) for a professor, an academic staff member, or a student conducting academic research and associated with an accredited postsecondary educational institution.

(d) By written order and notice as provided under (a) of this section, the director may discount or waive a fee if

(1) the director determines that the discount or waiver, including a discount or waiver for state or federal agency staff, is in the public interest; or

(2) the fee is less than $5.

(e) In this section,

(1) "academic research"

(A) means the study of geologic materials or information at the undergraduate, graduate, post-graduate or professional levels through an accredited postsecondary educational institution, with the intent of publishing the results in a thesis, dissertation, or peer-reviewed journal article;

(B) does not include research performed with the intent to withhold the research from the public as proprietary information or a trade secret;

(2) "center" means the Alaska Geologic Materials Center;

(3) "day" means more than four hours of a calendar day;

(4) "director" means the director of the division of geological and geophysical surveys;

(5) "division" means the division of geological and geophysical surveys;

(6) "half-day" means four hours or less of a calendar day.

History

Authority: AS 41.08.030; AS 41.08.045
Eff. 11/9/2017, Register 224

11 AAC 05.100 Land disposals

(a) The fees under this section are for authorizations and services for certain surface land disposals under AS 38, and shall be established by a written order of the director of the division of mining, land and water. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) the department may, in addition to the fee established in (d)(1) of this section,

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees or deposits for authorizations, petitions and services under AS 38.05 authorizations and services for certain surface land disposals under AS 38 are as follows:

(1) for an application, petition for contract, or services, for;

(A) a land purchase contract that includes a patent request when the contract is satisfied, $450, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(B) a land patent request other than (A) of this subsection, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(C) conversion of an existing agricultural interest only patent to an agricultural right patent under Chapter 20 SLA 1997, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(D) partial assignment of agricultural rights, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(E) consent to subdivide agricultural land patented after August 5, 1997, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(F) assignment of a purchase contract, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(G) assignment or amendment of a homesite entry permit, or homestead entry permit, $300;

(H) a preference right to purchase land under AS 38.05.035(b), AS 38.05.035(f), AS 38.05.068, AS 38.05.102, AS 38.05.820 or lease term, including an amendment or assignment of an application for a preference right, $750, for up to 24 hours of staff time;

(I) a sale or other fee disposal under AS 38.05.810, $500 for up to 16 hours of staff time;

(J) a grant of land under AS 38.05.870, $350 for up to 11 hours of staff time;

(K) a collateral assignment of contract, including the release of the collateral assignment, $300;

(L) sale document handling, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(M) a repayment agreement for an agricultural sale contract payment moratorium, $500 for up to 16 hours of staff time;

(N) an agricultural housing right lien, including its release, $200, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(O) a survey deposit before issuance of homestead entry permit, $750;

(P) sale contract administration services performed by a private person rather than by the department, the actual cost for those services, as set out in the contract between the department and the private person who provides them;

(2) the application fee to participate in a state land disposal during the initial filing period or during the period in which land is offered over the counter is as follows:

(A) for a homesite entry permit, $75;

(B) for a lottery parcel under AS 38.05.057, $75;

(3) the fee for each hour of staff time in excess of the maximum hours listed in (1) of this subsection, $50.

History

Authority: AS 38.05.020; AS 38.05.065; AS 38.09.020 AS 38.05.035; AS 38.05.600; AS 38.09.110 AS 38.05.057; AS 38.08.110
Eff. 7/1/2018, Register 227

11 AAC 05.110 Leasable minerals

(a) Fees established under this section are for authorizations and services under AS 38 for leasable minerals. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) - (d)(2) of this section by waiving a portion of the fee. The director of the division of oil and gas may, by written order, reduce or revise one or more of the fees established in (d)(3) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) - (d)(3) of this section for an authorization, petition, or service;

(3) must be published on the applicable division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) - (d)(2) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,

(1) the department may, in addition to the fee established in (d)(1) - (d)(2) of this section,

(A) charge an additional hourly fee under (d)(4) of this section for staff time in excess of the maximum hours set out in (d)(1) - (d)(2) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for authorizations and services under AS 38 for leasable minerals are as follows:

(1) for an application for surface or subsurface use for leasable mineral services and authorizations for coal, for

(A) a competitive coal lease

(i) for a total of no more than 500 acres in area, $750 for up to 30 hours of staff time;

(ii) for a total greater than 500 acres in area but no more than 3,000 acres in area, $1,500 for up to 60 hours of staff time;

(iii) for a total greater than 3,000 in area but no more than 5,000 acres in area, $2,500 for up to 100 hours of staff time;

(iv) for a total greater than 5,000 acres in area, the fee listed in (iii) of this subparagraph plus $500 for up to 20 hours of staff time for each additional 1,000-acre area increment;

(v) if a competitive coal lease sale is held by the department for land for which a fee under this subparagraph has been paid, the fee may be credited to the bid of the applicant who paid the fee or refunded if the bid is not successful; otherwise, the fee is not refundable;

(B) a prospecting permit under AS 38.05.150, a one-time application and use fee, $1,000 for up to 40 hours of staff time;

(D) an assignment of prospecting permit or lease under AS 38.05.150, $500 for up to 20 hours of staff time;

(E) an amendment or extension of prospecting lease under AS 38.05.150, $500 for up to 20 hours of staff time;

(F) establishment of a Coal Mining Unit (CMU); $500 for up to 20 hours of staff time;

(G) rental and royalty relief, $500;

(H) suspension of production or operations under AS 38.05.140(d), $500;

(I) modification of a work commitment, $150;

(2) for an application for surface or subsurface use for phosphates, sodium, sulphur, oil shale and potassium authorizations the fees are the same as in (1) of this subsection;

(3) for an application for an oil and gas, gas only, carbon storage, gas storage or geothermal authorization, for

(A) a geothermal prospecting permit, $200;

(B) conversion of a geothermal prospecting permit to a lease, $200;

(D) formation of a unit or Cook Inlet discovery royalty, $10,000;

(E) an amendment or expansion of unit agreement, $1,500;

(F) a plan of operations on leased land, $750 for each application;

(G) an amendment of a plan of operations on leased lands, $250;

(H) a land use permit for exploration on unleased land, $500;

(I) rental and royalty relief or reduction, $500;

(J) suspension of production or operations, $500;

(K) an oil and gas or gas only storage lease, carbon storage exploration license, or carbon storage lease, $500;

(L) modification of work commitment, $150;

(M) assignment or transfer of an interest in an oil and gas or gas only lease, oil and gas or gas only exploration license, carbon storage exploration license, carbon storage lease, or gas storage lease, including an initial separation of an overriding royalty interest and working interest, $250;

(N) extension of an oil and gas or gas only lease, $2,000;

(4) for each additional hour in excess of the maximum hours listed in (1) or (2) of this subsection, $50.

(e) In this section, "leasable mineral" includes

(1) a mineral subject to a lease under AS 38; and

(2) coal, phosphates, oil shale, sodium, sulphur, potassium, oil and gas, carbon storage, and geothermal.

History

Authority: AS 27.21.030; AS 38.05.133; AS 38.05.710 AS 37.10.050; AS 38.05.177; AS 38.05.720 AS 37.10.058; AS 38.05.180; AS 38.05.850 AS 38.05.020; AS 38.05.255; AS 41.06.020 AS 38.05.035; AS 38.05.700; AS 44.37.020
Eff. 7/1/2018, Register 227; am 12/26/2019, Register 232; am 2/16/2025, Register 253

11 AAC 05.120 Locatable minerals

(a) Fees established under this section are for authorizations and services regarding mining operations under AS 27 and AS 38 for locatable minerals. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) or (d)(2) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) or (d)(2) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) the department may, in addition to the fee established in (d)(1) of this section,

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for authorizations and services regarding mining operations under AS 27 and AS 38 for locatable minerals are as follows:

(1) for an application or submission for surface or subsurface use for locatable mineral services and authorizations for mining operations, for

(A) a tideland and submerged land prospecting permit, $1,000 for up to 40 hours of staff time;

(B) conversion of a mining claim, leasehold location or a tideland and submerged land prospecting permit to a mining lease, $1,000 for up to 40 hours of staff time;

(C) an amendment, assignment or renewal of a mining lease, leasehold location or a tideland and submerged land prospecting permit, $750 for up to 30 hours of staff time;

(D) a competitive offshore mining lease

(i) for a total of no more than 500 acres in area, $750 for up to 24 hours of staff time;

(ii) for a total greater than 500 acres in area but no more than 3,000 acres in area, $1,500 for up to 48 hours of staff time;

(iii) for a total greater than 3,000 acres in area but no more than 5,000 acres in area, $2,500 for up to 80 hours of staff time;

(iv) for a total greater than 5,000 acres in area, the fee listed in (iii) of this subparagraph plus $500 for up to 16 hours of staff time for each additional 1,000-acre area increment;

(v) if a competitive offshore mining lease sale is held by the department for land for which a fee under this subparagraph has been paid, the fee may be credited to the bid of the applicant who paid the fee or refunded if the bid is not successful; otherwise, the fee is not refundable;

(E) a millsite permit or millsite lease, $1,000 for up to 40 hours of staff time;

(F) an amendment, assignment or renewal of an millsite permit or millsite lease, $500 for up to 20 hours of staff time;

(G) activities not subject to the exemption for small operations as described in AS 27.19.050 associated with a mining claim, mining lease, leasehold location or tideland and submerged land prospecting permit or prospecting site, for

(i) a plan of operations under 11 AAC 86.150 or 11 AAC 86.800, $500 for up to 20 hours of staff time, plus for an application for a multi-year plan of operations, a $250 fee covering up to 10 hours of staff time for annual work and reports or amendments to an approved plan of operations over the term of the plan to maintain compliance with AS 27.19; separate water use application fees under 11 AAC 05.260 will also be required where appropriate; or

(ii) a land use permit under AS 38.05.850, $300 for up to 12 hours of staff time, plus for an application for a multi-year permit, a $100 fee covering up to 4 hours of staff time for annual work and reports or amendments to an approved permit over the term of the permit; water use application fees under 11 AAC 05.260 will also be required where appropriate;

(H) an amendment to an approved plan of operations, land use permit or reclamation plan under AS 27.19 in excess of those addressed in (G) or (I) of this paragraph, $250 for up to 10 hours of staff time;

(I) activities subject to the exemption for small operations described in AS 27.19.050 associated with a mining claim, mining lease, leasehold location, tideland and submerged land prospecting permit or prospecting site as follows:

(i) a plan of operations under 11 AAC 86.150 or 11 AAC 86.800, $250 for up to 10 hours of staff time, plus for an application for a multi-year plan of operations, a $100 fee covering up to 4 hours of staff time for annual work and reports or amendments to an approved plan of operations over the term of the plan to maintain compliance with AS 27.19; water use application fees under 11 AAC 05.260 will also be required where appropriate; or

(J) filing of a letter of intent for the exemption of small operations under AS 27.19.050 with the application with a plan of operations, no fee;

(K) submission of a mineral mining reclamation plan under AS 27.19.030,

(i) for state owned land submitted with a plan of operations or land use permit, no fee;

(ii) for state owned land not submitted with a plan of operations or land use permit, $1,000 for up to 40 hours of staff time;

(iii) for non-state owned land $500 for up to 20 hours of staff time;

(L) an amendment, extension, renewal or assignment of a mineral mining reclamation plan under AS 27.19 for a mining claim, mining lease, leasehold location, a tideland and submerged land prospecting permit or prospecting site, $250 for up to 10 hours of staff time;

(M) inspection of a mining claim, mining lease, leasehold location, a tideland and submerged land prospecting permit or prospecting site under AS 27.19 subject to an approved plan of operation or permit before final release of bond under AS 27.19, $400;

(N) a certificate of substantial compliance, $500 for up to 20 hours of staff time;

(2) for the following land use authorizations for locatable mining:

(A) for a prospecting permit, $300, annually;

(B) or a millsite lease, as determined at the discretion of the director:

(i) $500 annually each acre; or

(ii) the yearly fair market rental value of the land;

(C) for a millsite permit located outside the boundaries of the mining claim, mining lease or leasehold location, the yearly fair market rental value of the land;

(D) for revocable and temporary land use authorization for a structure or facility that can be occupied or unoccupied in support of mining operations on a mining claim, lease or leasehold location;

(i) for a plan of operations under 11 AAC 86.800, for the first five acres no charge, for each additional acre, $150 annually for each acre;

(ii) for a miscellaneous land use permit under AS 38.05.850, for the first two acres no charge, for each additional acre, $100 annually for each acre;

(3) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

(e) The department will establish the fees for a voluntary large mine permitting process on a negotiated basis to reflect agency costs.

History

Authority: AS 38.04.900; AS 38.05.250; AS 44.37.020 AS 38.05.020; AS 38.05.255; AS 46.15.020 AS 38.05.035; AS 38.05.850; AS 46.15.035
Eff. 7/1/2018, Register 227

11 AAC 05.130 Material sales

(a) Fees established under this section are for authorizations and services regarding disposals of material under AS 38. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) the department may, in addition to the fee established in (d)(1) of this section,

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for authorizations and services regarding disposals of material under AS 38 are as follows:

(1) for an application for surface use authorization or service, for

(A) designation of a material site or source, $2,000 for up to 80 hours of staff time;

(B) amendment or expansion of a designated material site or source, $500 for up to 20 hours of staff time;

(D) a negotiated material sale other than a designated material site or source, such as from state land under a state-issued permit, surface land lease, or easement or right-of-way, for use on a permit, surface land lease, or easement or right-of way, $250 for up to 10 hours of staff time; notwithstanding (a) of this section, this application fee may be waived in full by the director of the division of mining, land and water if the application for sale of material is required by the circumstances of the application for a permit, surface land lease, easement or right-of-way;

(E) approval, amendment, extension, renewal, or transfer of reclamation plan for a material mining operation under AS 27.19, $250 for up to 10 hours of staff time; notwithstanding (a) of this section, this fee shall be waived in full by the director of the division of mining, land and water if the director determines that an application for sale of material will not significantly add to the cost of reclaiming the material site or source from which the material is sold;

(F) inspection of material mining reclamation to determine compliance with the terms of the reclamation plan before release of bond under AS 27.19, either $500 for up to 20 hours of staff time or the division's actual expenses, in the department's discretion;

(G) a negotiated sale of peat as a source of heat or power from other than a designated material site or source, $2,000 for up to 80 hours of staff time;

(H) for review of a site-specific flood mitigation plan under AS 38.05.872, $375, for up to 15 hours of staff time;

(2) for each cubic yard of material, the fee listed in the department's price schedule established under AS 38.05.550 and 11 AAC 71.090;

(3) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

(e) The fee for the sale of materials to a federal, state, or municipal agency for use in constructing, reconstructing, or maintaining a public project is as follows:

(1) for the first 5,000 cubic yards of materials to be used on the project, no charge; each year of maintenance on an ongoing basis constitutes a separate project;

(2) for each cubic yard of materials beyond 5,000 cubic yards, the base fee listed in the annual base price schedule established under 11 AAC 71.090.

History

Authority: AS 27.19.040; AS 38.05.035; AS 38.05.560 AS 38.04.900; AS 38.05.550; AS 38.05.565 AS 38.05.020; AS 38.05.555; AS 44.37.020
Eff. 7/1/2018, Register 227

11 AAC 05.140 Mineral regulatory authorities

(a) Fees established under this section are for authorizations and regulatory services under AS 27 and AS 38 related to coal mining. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) or (d)(2) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) or (d)(2) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) the department may, in addition to the fee established in (d)(1) of this section,

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for authorizations and regulatory services under AS 27 and AS 38 related to coal mining are as follows:

(1) for an application, petition for an authorization or service for

(A) notice of intent to explore for coal filing fee, $100;

(B) a coal exploration permit, including minor revisions and amendments, $1,500 for up to 60 hours of staff time;

(D) a major revision of coal surface mining permit or incidental boundary revision, $1,500 for up to 60 hours of staff time;

(E) renewal of coal surface mining permit within previously approved boundaries, $1,500 for up to 60 hours of staff time;

(F) renewal of coal surface mining permit with additional acreage, $2,000 for up to 80 hours of staff time;

(G) transfer, assignment, or sale of surface coal mining permit, $1,500 for up to 60 hours of staff time;

(H) a geothermal exploration permit, $150 for up to 6 hours of staff time;

(I) a geothermal drilling permit, $300 for up to 12 hours of staff time;

(J) a blaster's certification under 11 AAC 90.775, $150;

(2) for the following surface use authorizations;

(A) a coal exploration permit, $500;

(B) a coal surface mining permit, $500;

(D) a geothermal drilling permit, $500;

(3) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

History

Authority: AS 27.21.030; AS 38.04.900; AS 38.05.255 AS 27.21.940; AS 38.05.020; AS 44.37.020 AS 37.10.050; AS 38.05.035 AS 37.10.058; AS 38.05.181
Eff. 7/1/2018, Register 227

11 AAC 05.150 Non-timber forest products

(a) Fees established under this section are for limited value non-timber forest product commercial harvest products and services. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (c)(1) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (c)(1) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver; and

(4) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) for a combined application, and minimum permit fee, $200;

(2) in addition to the fee in (c)(1) of this section, for a permit for the commercial use or commercial harvest of forest products other than timber, with weights determined before drying or processing of the fresh-harvested product, in excess of the minimum fee prescribed in (b)(1) of this section are as follows:

(A) for sheets of birch bark up to 10 square feet in size, $3 each;

(B) for strips of cedar bark, $5 each;

(D) for berries and berry-like fruits, $3 each gallon;

(E) buds and tips, $0.70 each pound;

(F) for tree burls and galls, $20 each tree;

(G) for cones, $0.40 each pound;

(H) for conks excepting quinine conk or chaga conk, $0.75 each pound;

(I) for quinine conk, $4.50 each;

(J) for chaga conk, $10 each;

(K) for dormant willow, dogwood, and poplar cuttings for revegetation up to two inches in diameter and five feet in length, $0.20 each;

(L) for stems of diamond willow from two to two-and-a-half inches in diameter, $3 each; for stems of diamond willow up to four inches in diameter, $4 each; for stems of diamond willow up to six inches in diameter, $6 each; and for stems of diamond willow greater than six inches in diameter, $15 each;

(M) for evergreen boughs, $0.15 each;

(N) for stems of floral greenery and decorative seed heads, $0.10 each;

(O) for leaves and flowers from woody plants, $0.75 each pound;

(P) for lichens and mosses, $1.50 each pound;

(Q) for mushrooms, $1.50 each pound;

(R) for above-ground growth of non-woody perennial plants, $1.50 each pound;

(S) for edible and medicinal roots, $1.50 each pound;

(T) for fibrous roots, $0.75 each foot;

(U) for seeds, $3 each ounce;

(V) for stems and branches of deciduous woody species, $0.75 each;

(W) for plugs of herbaceous perennials, $0.75 each;

(X) for shrubby perennials with root ball, $7 each;

(Y) for sprigs, $0.08 each;

(Z) for tree saplings not exceeding eight feet tall or one and one-half inches in diameter whichever is greater, with diameter measured six feet above ground level, with root ball, $10 each; and

(AA) for birch sap $0.75 each tap.

History

Authority: AS 38.04.900; AS 38.05.835; AS 44.37.020 AS 38.05.020; AS 38.05.850
Eff. 7/1/2018, Register 227

11 AAC 05.160 Other, or general, land management not established elsewhere

(a) Fees established under this section are for authorizations and services for land management not established elsewhere. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) the department may, in addition to the fee established in (d)(1) of this section,

(A) charge an additional hourly fee under (d)(2) of this section for staff time in excess of the maximum hours set out in (d)(1) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for the following authorizations and services for land management not established elsewhere are as follows:

(1) the fees for:

(A) an application for land exchange, under AS 38.50 or AS 29.65, $750, for up to 30 hours of staff time;

(B) an application for transfer of escheated land under AS 38.95.240(e), $750, for up to 30 hours of staff time;

(C) inspection of land subject to a land use authorization other than for mineral development if the inspection is required by the authorization, necessary to determine whether previous noncompliance with the authorization has been corrected, or performed to investigate alleged noncompliance and confirms noncompliance, either $500 or the division's actual expenses, in the director's discretion;

(D) an interagency land management assignment to a state agency, for

(i) a site that will be open to public use and where no significant capital investment will be made, no charge;

(ii) a site not covered by (i) of this subparagraph, a one-time fee of $3,000 or seven percent of the fair market value; whichever is less;

(iii) amendment of an existing interagency land management assignment, an additional fee determined by the director, but not more than $3,000 or seven percent of the fair market value added as a result of the amendment;

(iv) inspection of a site to determine compliance with the terms of the interagency land management assignment, either $100 or the division's actual expenses, in the director's discretion;

(E) review and approval of an appraisal submitted under AS 38.05.840, AS 38.35, or AS 38.50.020(b), $100;

(F) filing an administrative appeal or request for reconsideration, $250;

(G) a request for reclassification of state land, $200 for up to 8 hours of staff time;

(H) fee for staff time for research, $50 for each hour;

(2) fee for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

History

Authority: AS 27.21.030; AS 38.05.295; AS 40.17.030 AS 27.21.940; AS 38.05.550; AS 40.25.110 AS 38.04.045; AS 38.05.555; AS 40.25.115 AS 38.04.065; AS 38.05.560; AS 41.06.020 AS 38.04.900; AS 38.05.565; AS 41.21.020 AS 38.05.020; AS 38.05.600; AS 41.21.026 AS 38.05.035; AS 38.05.810; AS 41.23.440 AS 38.05.057; AS 38.05.850; AS 44.37.020 AS 38.05.082; AS 38.08.110; AS 44.37.025 AS 38.05.083; AS 38.09.020; AS 44.37.027 AS 38.05.102; AS 38.09.110; AS 45.29.525 AS 38.05.112; AS 38.35.020; AS 45.50.315 AS 38.05.133; AS 38.35.050; AS 46.15.020 AS 38.05.177; AS 38.50.140; AS 46.15.035 AS 38.05.180; AS 38.50.160; AS 46.15.037 AS 38.05.250; AS 38.95.240 AS 38.05.255; AS 40.15.370
Eff. 7/1/2018, Register 227

11 AAC 05.170 Parks and outdoor recreation

(a) Fees charged by the division of parks and outdoor recreation are set by a written order of the director of the division of parks and outdoor recreation. The director shall

(1) post the order

(A) continuously from the date of issuance of the order on the division of parks and outdoor recreation's public web page on the department's website;

(B) on the Alaska Online Public Notice System (AS 44.62.175) for a minimum of 30 consecutive days from the date of issuance of the order; and

(2) establish in the order fees that do not exceed the amounts set out in this section; and

(3) for establishing fees in (b)(1) of this section for overnight use of developed campsite, consider

(A) the type of campsites in the park unit;

(B) public demand for the park unit's campsites;

(D) the park unit's proximity to urban areas; and

(E) other factors affecting the park unit's quality, such as density of campsites, forest cover, and adjoining land uses;

(b) Except for activities in a state park operated under a concession contract or a competitive and exclusive use permit covered in (f) of this section, fees for the use of park facilities may not exceed the following amounts:

(1) for overnight use of a developed campsite

(A) $60 each night, each site; or

(B) $60 each vehicle, each night, except that a second vehicle is free if the developed campsite is numbered and can accommodate a second vehicle without hindering campground traffic flow or the use of nearby or adjoining campsites, parking of the two vehicles will not result in the vehicles being driven or parked off of a developed road or parking space, and the total number of campsite occupants is no more than 12 persons or no more than the total number established by a park officer under 11 AAC 12.210; or

(C) for holders of disabled United States veteran passes issued under AS 41.21.026(d), no charge for one site or one vehicle covered in subparagraphs (A) and (B); disabled veteran must physically occupy the campsite each night;

(2) for use of a public use cabin in a state park unit, $200 each night;

(3) for guided tours of historic sites, $60 each person;

(4) for use of an improved boat ramp or retrieval site in a park facility developed principally for boat launching or retrieving,

(A) $50 each combined boat launch and retrieval at the same facility,

(B) $50 per boat launch or retrieval at a single-purpose launch or retrieval facility, or

(D) boat launch and retrieval fees include one-day parking for vehicle and attached trailer; detached vehicle and trailer incur additional daily parking fee;

(E) annual boat launching pass decal includes only first day parking fee.

(5) for each use of a dump station, $30 each vehicle;

(6) for a special park use permit that allows the reserved exclusive use of a park facility or building, including a visitor center, historic building, shelter, group picnic area, group activity area, and group camping area, $1,000 each day;

(7) for the sale of firewood, $15 each bundle;

(8) for parking for day use of a developed trailhead, access site, or picnic site that has developed parking and rest rooms, $10 each vehicle each calendar day, or $200 each vehicle for an annual pass;

(9) for admission to a visitor center or historic site, $25 for each person over 10 years of age;

(10) for a non-transferable calendar year annual historic site pass decal that includes parking and admission, $100;

(11) for attendance at a program related to natural or cultural history, outdoor skills or education, or other topics concerned with public use, enjoyment, or understanding of parks, $60 for each person over 10 years of age; or

(1) for a permit required under 11 AAC 18.010(a)(1) or an authorization under 11 AAC 21.120(a)(1), $100;

(2) for an application for a permit required under 11 AAC 18.010(a)(2), (4) - (6), (8), (10), or (11), the cost to the department of processing the application, not to exceed $500;

(3) if an application for a permit required under 11 AAC 18.010(a)(2), (4) - (6), (8), (10), or (11) is granted, an additional permit administration fee for department activities directly related to the permit to minimize impacts on the park is the anticipated cost to the department of those activities, not to exceed $10,000;

(4) for a permit described in this subsection, the director may waive all or a portion of the fees described in this subsection, if the director determines that the department's anticipated cost of activities directly related to the permit and the impact on the park of the use under the permit are negligible;

(d) Fees for a non-competitive park use permit for commercial activity, as defined in 11 AAC 12.990, may not exceed the following amounts:

(1) non-refundable permit application processing fee, $500;

(2) for sport fishing guide services within the Kenai River Special Management Area,

(A) for residents, $1,500;

(B) for non-residents, $3,000;

(3) for each rental boat provided for use in the Kenai River Special Management Area under 11 AAC 18.030 and 11 AAC 20.890, $300 annually in addition to fees authorized under (1) or (2) of this subsection;

(4) for non-competitive park use permits for commercial activities other than sport fishing guide services within the Kenai River Special Management Area,

(A) for residents, $1,000;

(B) for non-residents, $2,000;

(e) In this section,

(1) "director" means the director of the division of parks and outdoor recreation;

(2) "overnight use" means using or occupying a campsite by a person or vehicle, or erecting a tent or shelter or arranging bedding, or both, in order to stay any time at a site between 6:00 p.m. and 9:00 a.m. local time;

(3) "vehicle" means a motorized or non-motorized device, capable of carrying people or objects, that is used as the principal means of access to or occupancy of a campsite, and includes automobiles, trucks, motorhomes, aircraft, motorcycles, campers, and trailers;

(4) "resident" means the same as defined in AS 16.05.940;

(5) "guide services" means services offered or supplied by a person to another person with the intent of receiving valuable consideration through barter, trade, or other commercial means, by accompanying and directing the other person's activities in a state park; "guide services" include operating a vehicle to provide transportation for any recreational activity, including hunting, fishing, hiking, skiing, mountaineering, photography, sightseeing, rafting, kayaking, canoeing, and flying; supplying equipment and personal instruction for its use while in a park; baiting hooks; netting and cleaning fish; cooking meals; assisting with rod and reel operation; assisting in the taking of wildlife; leading; teaching; training; supervising; protecting; and choosing routes, paths, and recreational use methods;

(6) "sport fishing guide" means a person who provides guide services to another person in pursuit of catching or taking fish, or the experience associated with attempting to catch or take fish;

(7) "rental boat" means a boat as defined in AS 05.25.100 and the provision of which constitutes a commercial activity under 11 AAC 12.990 and 11 AAC 20.890.

(f) For activities in a state park operated under a concession contract or a competitive and exclusive use permit, fees are set by order of the director as described in (a) of this section and

(1) may not exceed the maximum amount established under (a) of this section;

(2) the order must state whether a calendar year annual pass purchased under this section covers the fees charged under this subsection; and

(3) must be conspicuously posted in the affected state park.

(g) The director may waive all or a portion of the fees required under (d)(2), (d)(3), and (d)(4) of this section after determining in writing that:

(1) collection of additional fees would not be cost-effective for the department;

(2) the fees would represent an unreasonable percentage of the receipts collected by the commercial operator for that activity; or

(3) no similar service exists in the park and it is in the public interest to encourage the commercial operation by waiving the fees.

History

Authority: AS 38.04.900; AS 38.05.295; AS 41.21.026 AS 38.05.020; AS 38.05.850; AS 44.37.020 AS 38.05.035; AS 41.21.020
Eff. 7/1/2018, Register 227; am 5/5/2022, Register 242

11 AAC 05.180 Permits, revocable and temporary surface authorizations and cabin use authorizations

(a) Fees established under this section are for permits, revocable and temporary surface authorizations and cabin use authorizations. If a revocable-at-will authorization is revoked without cause, the unused portion of the annual use fee for the authorization is refundable, prorated on a monthly basis. A fee based on acreage applies to each acre or fractional acre. Except where a fee is by statute or required by statute to be based on appraised market value, the director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) or (d)(2) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) or (d)(2) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) the department may, in addition to the fee established in (d)(1) of this section,

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for permits, revocable and temporary surface authorizations and cabin use authorizations are as follows:

(1) application fees for the following revocable and temporary surface use authorizations and cabin use authorizations:

(A) land use permit for

(i) existing trapping cabin under AS 38.95.075, or $200 for up to 8 hours of staff time;

(ii) new trapping cabin construction under AS 38.95.080, $500 for up to 20 hours of staff time;

(B) land use permit for commercial use under AS 38.05.850 other than for commercial recreation registration required by 11 AAC 96.018, $500 for up to 20 hours of staff time;

(C) land use permit under AS 38.05.850 not addressed in (A) or (B) of this paragraph, $300 for up to 12 hours of staff time;

(D) amendment of a land use permit issued under AS 38.05.850, $300 for up to 12 hours of staff time;

(E) one-year extension of a land use permit issued under AS 38.05.850, $300 for up to 12 hours of staff time;

(F) renewal of a personal use cabin permit under former AS 38.04.035(4) and 11 AAC 65.040, $500;

(G) commercial recreation registration required by 11 AAC 96.018, $100, plus a fee of $5 each visitor day for use;

(H) permit for an unauthorized surface use or occupation of state-owned land, $500 in addition to fees in (B) or (C) of this paragraph;

(2) permit fees for the following revocable and temporary surface use authorizations and cabin use authorizations:

(A) trapping cabin

(i) use permit under AS 38.95.075, $300 annually;

(ii) construction permit under AS 38.95.080, an annual fee established under AS 38.95.080(c)(5);

(B) land use permit under AS 38.05.850 for floating caretaker housing for a facility whose operator is a qualified regional association under AS 16.10.380,

(i) $500 annually if the facility is removed after a period of less than six months;

(ii) $1,000 annually if the facility remains in place six months or more;

(C) land use permit under AS 38.05.850 for noncommercial use of a structure or facility that is or can be occupied, such as a tent camp, a military training camp, a floathouse or mobile home used as the owner's private residence, anchoring a vessel longer than 14 consecutive days, or a floathouse used to provide caretaker housing for a noncommercial or non-profit operation, including a non-profit mariculture operation,

(i) $500 annually if the facility is removed after a period of less than six months, plus $0.25 annually for each square foot of structure authorized;

(ii) $1,000 annually if the facility remains in place six months or more, plus $0.25 annually for each square foot of structure authorized;

(D) land use permit under AS 38.05.850 for commercial use of a structure or facility that is or can be occupied, such as a floating logging camp, caretaker's housing adjacent to a log storage site, a floating lodge, a guide's or outfitter's camp, or anchoring a vessel longer than 14 consecutive days, the greater of:

(i) if the facility is removed after a period of less than six months, $1,000 annually, plus $0.75 annually for each square foot of structure authorized;

(ii) if the facility remains in place six months or more, $2,000 annually, plus $0.75 annually for each square foot of structure authorized;

(iii) if the facility is used for a commercial recreational purpose, such as a floating lodge or a guide's or outfitter's camp, and if the facility is used for a period of less than six months each year, $1,000 annually, plus $5 each visitor day for use; or

(iv) if the facility is used for a commercial recreational purpose, such as a floating lodge or a guide's or outfitter's camp, and if the facility is used for six to 12 months each year, $2,000 annually, plus $5 each visitor day for use;

(E) land use permit under AS 38.05.850 for noncommercial use of a structure or facility not covered by (B) or (C) of this paragraph, such as a private mooring buoy, float, or dock, a weir, a boat ramp, a loading ramp for snowmachines or horses, or anchoring a vessel longer than 14 consecutive days, $300 annually;

(F) land use permit under AS 38.05.850 for commercial use of a structure or facility not covered by (G) of this paragraph, such as a commercial mooring buoy, fish holding pen, log storage, A-frame logging, or equipment staging area for a construction project, $750 annually for the first acre, plus $300 for each additional acre;

(G) land use permit under AS 38.05.850 for commercial recreational use of state land not covered under (D) or (F) of this paragraph, including commercial filming and recreational events,

(i) $1,500 annually if the activity is, or facility remains, for a period of less than six months, plus $5 each visitor day for use;

(ii) $3,000 annually if the activity is, or facility remains, in place six months or more, plus $5 each visitor day for use;

(H) land use permit under AS 38.05.850 authorizing entry onto an approved surface leasehold for

(i) site development, an annual fee equal to the director's estimate of the prospective rental; or

(ii) site analysis that involves alteration to the land (including brushing, clearing, or excavating for percolation tests), $300 annually for each acre;

(I) land use permit under AS 38.05.850 for grazing livestock;

(i) if fenced, $500 for first acre, plus $150 each additional acre annually, plus the greater of $500 annually or 100 percent of the head-month grazing fee for the western states determined under Chapter 2238 of the Forest Service Manual (effective September 9, 2005 or current version), published by the United States Forest Service, United States Department of Agriculture; or

(ii) if unfenced, the greater of $300 annually or 100 percent of the head-month grazing fee for the western states determined under Chapter 2238 of the Forest Service Manual (effective September 9, 2005 or current version), published by the United States Forest Service, United States Department of Agriculture;

(J) other land use permit under AS 38.05.850 for a use not covered by (B) - (I) of this paragraph that does not hinder other public use, such as moving heavy equipment across state land, $300 annually;

(K) other land use permit under AS 38.05.850 for a use not covered by (B) - (J) of this subsection that may interfere with public use, including private use ice roads the greater of, $300 annually or $150 each acre annually;

(L) personal use cabin permit under former AS 38.04.035(4) and 11 AAC 65.040, $300 annually, plus $0.75 annually for each square foot of structure authorized;

(M) land use permit or letter of non-objection for a non-commercial event or assembly of more than 50 persons, $300;

(N) letter of non-objection or letter of determination for use of state owned lands subject to generally allowed use under 11 AAC 96.020, $300;

(O) use of a public use cabin not within a state park unit, $200 each night;

(3) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

(e) In this section, the computation of square feet of authorized structure includes the entirety of the areas authorized, including any out-buildings, sheds, porches, decks, boardwalks, covered walkways, addition floors or lofts of a structure, attics, basements or root cellars, driveways and parking areas.

(f) In addition to a fee prescribed under (d)(1) of this section for surface use authorizations issued to authorize an unauthorized use, the applicant shall pay the annual fee prescribed under (d)(2) of this section for each year the applicant occupied or used state land prior to the issuance of the authorization; this provision may be waived if the department determines the use or improvement is in the public interest, or if the use or improvements predate the applicant's occupancy or ownership.

History

Authority: AS 37.10.050; AS 38.05.020; AS 38.05.850 AS 37.10.058; AS 38.05.035; AS 44.37.020 AS 38.04.900; AS 38.05.810
Eff. 7/1/2018, Register 227

11 AAC 05.190 Public use areas

(a) Fees established under this section are for permits and revocable and temporary surface authorizations within Public Use Areas. If a revocable-at-will authorization is revoked without cause, the unused portion of the annual use fee for the authorization is refundable, prorated on a monthly basis. Except where a fee is by statute or required by statute to be based on appraised market value, the director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver; and

(4) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(d) For the Knik Public Use Area as described in AS 41.23.230,

(1) for a land use permit under AS 38.05.850 for a person to use or occupy the Kenny and Patti Barber Shooting Range, depicted on the map entitled Kenny and Patti Barber Shooting Range, and adopted by reference in 11 AAC 96.016(b)(5), fees are as follows:

(A) for an application for a revocable personal use or occupancy permit, no charge;

(B) for an application for a revocable commercial use or occupancy permit, $100;

(D) for a personal use or occupancy permit, each person, each calendar day, $25;

(E) for a personal use or occupancy permit pass, each person, each calendar year, $250;

(F) for a personal use or occupancy permit, each non-commercial organized group, each calendar day, $250;

(G) for a commercial use or occupancy permit, each calendar day, $500;

(H) for a state, federal or local agency use or occupancy permit, each calendar day, $250.

History

Authority: AS 37.10.050; AS 38.05.020; AS 38.05.850 AS 37.10.058; AS 38.05.035; AS 44.37.020 AS 38.04.900; AS 38.05.810
Eff. 7/1/2018, Register 227

11 AAC 05.200 Recorder's office

Fees under AS 40.17 for products, publications, or services of the recorder's office are as follows:

(1) recording first page of a document, $20;

(2) recording second and each subsequent page of the same document, $5;

(3) indexing, for each name or location over six, $2;

(4) plat recording fee,

(A) $20 for the first sheet; and

(B) $5 for each additional sheet;

(5) certifying copies, $5 each document;

(6) conforming copies, $2 each document;

(7) photocopies of recorded documents,

(A) $1.25 for first page; and

(B) $0.25 for each additional page of the same document;

(8) plat copies

(A) any size on paper, $5 each sheet;

(B) any size on polyester film, $12 each sheet;

(9) CD-ROM or electronically transferred files from the archives unit of the state recorder's office of

(A) daily recorded document images for a single district not to exceed 100 sequential documents each month, $10 each district;

(B) daily recorded document images for a single district for 101 to 250 sequential documents each month, $20 each district;

(C) daily recorded document images for a single district for 251 or more sequential documents each month, $30 each district;

(D) monthly recorded plat images for a district, $25 each district;

(E) historical plat images, $0.50 each image, with a $25 minimum charge for up to 50 plat images;

(F) filed document images for a day or a week, $10 for up to 50 sequential documents, $15 for 51 to 100 sequential documents, $20 for 101 to 250 sequential documents, and $25 for 251 or more sequential documents;

(G) filed document images for a month, $50; or

(H) historical book volumes, limit of 10 book volumes each CD, $25 each book;

(10) recording a nonstandard document as described in 11 AAC 06.040, $50 each document, in addition to all other applicable recording fees.

History

Authority: AS 40.15.370; AS 44.37.020 AS 40.17.030; AS 44.37.025
Eff. 7/1/2018, Register 227

11 AAC 05.210 Recreation rivers system

(a) Fees established under this section are for permits, revocable and temporary surface authorizations and cabin use authorizations. If a revocable-at-will authorization is revoked without cause, the unused portion of the annual use fee for the authorization is refundable, prorated on a monthly basis. Except where a fee is by statute or required by statute to be based on appraised market value, the director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) or (d)(2) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) or (d)(2) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) the department may, in addition to the fee established in (d)(1) of this section,

(A) charge an additional hourly fee under (d)(4) of this section for staff time in excess of the maximum hours set out in (d)(1) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for permits, revocable and temporary surface authorizations and cabin use authorizations are as follows:

(1) for an application for issuance, extension, or amendment of a land use recreation rivers permit or commercial-use permit application for use within the recreation rivers system, $300 for up to 20 hours of staff time;

(2) for a commercial use permit for recreation-related commercial uses within the recreational rivers system;

(A) an annual fee of $450; plus

(B) an additional fee, if applicable, as follows:

(i) five percent of the total gross revenues from fees charged to drop-off clients who are transported to a recreation river and who remain there unaccompanied by the permit holder or an employee of the permit holder;

(ii) $15 each day each client accompanied during use of a recreation river by the permit holder or an employee of the permit holder;

(iii) $5 for each day's rental of a non-motorized boat, and $9 for each day's rental of a motorized boat, on a recreation river; no fee is required under this clause if client fees described in (A) or (B) of this paragraph include rental of a boat;

(3) for a commercial-use permit for a commercial camp within the recreation rivers system, an annual fee determined as in 11 ACC 05.170(d)(2)(D), plus 20 percent, in addition to applicable fees under (2) of this subsection;

(4) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

(e) The commissioner will waive the annual land use permit fee prescribed in this section for access within a recreation river corridor, if the commissioner determines that the permit is necessary to provide access to private property or a mining location within the recreation river corridor and a feasible and prudent alternative does not exist to provide that access.

History

Authority: AS 38.04.900; AS 38.05.035; AS 41.23.440 AS 38.05.020; AS 38.05.850; AS 44.37.020
Eff. 7/1/2018, Register 227

11 AAC 05.230 Surface land leasing; shore fisheries land leasing

(a) Fees established under this section are for surface land leasing, shore fisheries land leasing and services, under AS 38. Except where a fee is set by statute or required by statute to be based on appraised market value, required by statute to be based on the costs of issuing shore fishery leases, or under (d)(6) - ( d)(7) of this section, the director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) - (d)(5) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) - (d)(5) of this section for an authorization, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(c) When the department determines that an authorization, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1), (d)(3) or (d)(4) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,

(1) the department may, in addition to the fee established in (d)(1), (d)(3) or (d)(4) of this section,

(A) charge an additional hourly fee under (d)(7) of this section for staff time in excess of the maximum hours set out in (d)(1), (d)(3) or (d)(4) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for surface land leasing, shore fisheries land leasing and services are as follows:

(1) for an application for a surface use lease under AS 38.05.070, for

(A) a surface land lease, including a tideland or submerged land lease, not otherwise described in this subsection;

(i) one acre or less, $1,500 for up to 60 hours of staff time;

(ii) greater than one acre, $2,500 for up to 100 hours of staff time;

(B) a surface land lease under AS 38.05.810(a) - (d),

(i) one acre or less, $750 for up to 60 hours of staff time; or

(ii) greater than one acre, $1,500 for up to 100 hours of staff time;

(C) a preference right to lease land by existing lessee under AS 38.05.102, or former AS 38.05.100, or lease term, including amendment or assignment of an application for preference right, $750, for up to 24 hours of staff time;

(D) renewal of lease not otherwise described in this subsection,

(i) one acre or less, $750 for up to 30 hours of staff time; or

(ii) greater than one acre, $1,000 for up to 40 hours of staff time;

(E) extension of lease not otherwise described in this subsection, $500 for up to 20 hours of staff time;

(F) assignment of lease not otherwise described in this subsection, $750 for up to 30 hours of staff time;

(G) an amendment of a lease or development plan not otherwise described in this subsection;

(i) an amendment to lease, development or grazing plan that requires a finding under AS 38.05.035(e), $1,000 for up to 40 hours of staff time; or

(ii) an amendment to lease, development or grazing plan other than (i) of this subparagraph, $200;

(H) security assignment of lease, $500 for up to 20 hours of staff time;

(I) consent to sublease, $500 for up to 20 hours of staff time;

(J) grazing lease, $1,500 for up to 60 hours of staff time;

(K) lease for an unauthorized use, $1,000, in addition to fees in (A), (B), (C) or (D) of this paragraph;

(2) application for a shore fishery lease under AS 38.05.082 for,

(A) a shore fisheries lease, $300;

(B) a renewal or extension of shore fisheries lease, $250;

(D) a transfer or assignment of shore fisheries lease or lease application, $250;

(E) a partial transfer or assignment of a shore fisheries lease, $300;

(3) application for an aquatic farmsite lease under AS 38.05.083 for,

(A) aquatic farmsite lease;

(i) for a total of one acre or less, $750 for up to 24 hours of staff time;

(ii) for a total of greater than one acre but no more than three acres, $1,500 for up to 60 hours of staff time; or

(iii) for a total of greater than three acres, $2,500 for up to 100 hours of staff time;

(B) renewal of an aquatic farmsite lease,

(i) for a total of one acre or less in size, $350 for up to 14 hours of staff time;

(ii) for a total of greater than one acre but no more than three acres, $750 for up to 30 hours of staff time; or

(iii) for greater than three acres, $1, 500 for up to 60 hours of staff time;

(D) extension of an aquatic farmsite lease, $200 for up to 8 hours of staff time;

(E) amendment of an aquatic farmsite lease or development plan;

(i) amendment to lease or development plan that requires a finding under AS 38.05.035(e), $500 for up to 20 hours of staff time; or

(ii) amendment to lease or development plan other than (i) of this subparagraph, $200;

(4) application for a remote recreational cabin site lease, $300 for up to 12 hours of staff time for the first term; no application fee for an extension or for a renewal for a second term;

(5) surface lease issued under AS 38.05.600 for,

(A) lease of a remote recreational cabin site under AS 38.05.600(b)

(i) during the first term of the lease, $300 annually each site;

(ii) during the second term of the lease, $1,500 annually each site;

(6) approval of a sublease of an existing surface land lease, not less than 25 percent of the value of the sublease;

(7) each additional hour in excess of the maximum hours listed in (1), (3) or (4) of this subsection, $50.

(e) In addition to a fee prescribed under (d)(1) of this section and any rental fee established by statute or regulation, or required by statute, to be based on appraised market value, for surface use authorizations issued to authorize an unauthorized use, the applicant shall pay the annual fee equal to the annual rental set by statute or regulation, or required by statute, to be based on appraised market value, for each year the applicant occupied or used state land prior to approval of a lease; this provision may be waived if the department determines the use or improvement is in the public interest, or if the use or improvements predate the applicant's occupancy or ownership.

History

Authority: AS 38.04.900; AS 38.05.075; AS 38.05.810 AS 38.05.020; AS 38.05.082; AS 41.23.440 AS 38.05.035; AS 38.05.083; AS 44.37.020 AS 38.05.070; AS 38.05.095 AS 38.05.073; AS 38.05.102
Eff. 7/1/2018, Register 227

11 AAC 05.240 Survey and platting

(a) Fees established under this section are for authorizations and services under AS 34, AS 38 and AS 40 for surveys and platting services, and approvals. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under (c) of this section; and

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(1) the department may, in addition to the fee established in (d)(1) of this section,

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees for authorizations and services under AS 34, AS 38 and AS 40 for surveys and platting services, and approvals are as follows:

(1) for the following survey and platting services and approvals, as follows:

(A) issuance or amendment of survey instructions;

(i) or a remote recreational cabin site lease, $300 for up to 8 hours of staff time;

(ii) under AS 38.04.045 for conveyances for a municipal entitlement, municipal tideland or submerged lands, public and charitable, or preference right, $2,500 for up to 67 hours of staff time;

(iii) under AS 38.04.045 for a land sale, lease or any other type of survey, $1,500 for up to 40 hours of staff time;

(iv) under 11 AAC 51.065 for an easement or right-of-way vacation or relocation, $1,500 for up to 40 hours of staff time;

(v) for an as-built plat on upland, shoreland, tideland or submerged land, for a linear easement or right-of-way no more than 0.5 miles in length, including up to two landings, $150;

(vi) for an as-built plat on upland, shoreland, tideland or submerged land, for a non-linear easement or right-of-way no more than 1.0 acre in area, including up to two landings, $150;

(vii) for an as-built plat on upland, shoreland, tideland or submerged land, for a linear easement or right-of-way greater than 0.5 miles in length but no more than 1.0 mile in length, including up to two landings, $300 for up to 8 hours of staff time;

(viii) for an as-built plat on upland, shoreland, tideland or submerged land, for a non-linear easement or right-of-way greater than 1.0 acres but no more than 3.0 acres in area, including up to two landings, $300 for up to 8 hours of staff time;

(ix) for an as-built plat on upland or tideland, for a linear easement or right-of-way greater than 1.0 mile in length, in addition to the fee in (vii) of this subparagraph, $150 for up to 4 hours of staff time for each additional 6-mile segment or portion thereof in excess of 1.0 mile in length;

(x) for an as-built plat on shoreland or submerged land, for a linear easement or right-of-way greater than 1.0 mile in length, in addition to the fee in (vii) of this subparagraph, $40 for up to 1 hour of staff time for each additional 6-mile segment or portion thereof in excess of 1.0 mile in length;

(xi) for an as-built plat on upland, shoreland, tideland or submerged land, for a non-linear easement or right-of-way greater than 3.0 acres in area, in addition to the fee in (viii) of this subparagraph, $150 for up to 4 hour of staff time for each additional 12-acre segment or portion thereof in excess of 3.0 acres in area;

(xii) for an as-built plat on upland, shoreland, tideland or submerged land, for a linear or non-linear easement or right-of-way, in addition to the applicable fee in (v), (vi), (vii) or (viii) of this subparagraph, for each additional landing, $150 for up to 4 hours of staff time;

(B) plat review under AS 38.04.045,

(i) for first two reviews of first parcel or tract each plat other than (iv) of this subparagraph, $1,500 for up to 40 hours of staff time, plus $200 for up to 4 hours of staff time for each additional parcel or tract each plat; and

(ii) for third and each additional review of first parcel or tract each plat other than (iv) of this subparagraph, $500 for up to 13 hours of staff time, plus $200 for up to 5.5 hours of staff time for each additional parcel or tract each plat;

(iii) for final plat approval and signing, no fee; or

(iv) for a remote recreational cabin site lease $300, for up to 8 hours of staff time;

(i) for first two reviews of one plat sheet, $200 for up to 5.5 hours of staff time, plus $100 for up to 2.5 hours of staff time for each additional plat sheet; and

(ii) for the third and each additional review of one plat sheet, $50 for up to 1.5 hour of staff time, and $50 for up to 1.5 hours of staff time for each additional plat sheet;

(iii) for final plat approval and signing, no fee;

(D) request for proposal,

(i) for first copy, no fee; and

(ii) for each additional copy, $50;

(E) combined shore fishery diagram preparation instructions and diagram review, $450, which is in lieu of the fees set out in (A) and (B) of this paragraph;

(F) plat review under AS 40.15.305;

(i) for first two reviews of a plat, $1,000 for up to 27 hours of staff time for the first two parcels or tracts, for each plat, plus $100 for up to 3 hours of staff time for each additional parcel or tract each plat; and

(ii) for the third and each additional review of a plat, $400 for up to 11 hours of staff time for each additional parcel or tract for each plat, plus $50 for up to 1.5 hour of staff time for each additional parcel or tract for each plat; and

(iii) for final plat approval and signing, no fee; or

(iv) for a petition to replat an existing approved plat under 11 AAC 53.730, $500 for up to 13 hours of staff time;

(v) under 11 AAC 53.730(e) for an extension of time to submit a final plat of a replat, $40 for up to one hour of staff time;

(G) review of plat or record of survey for a vacation, modification or relocation of easement or right-of-way under 11 AAC 51.065, $240 for up to 6 hours of staff time;

(2) for each additional hour in excess of the maximum hours listed in (1) of this subsection, $75.

History

Authority: AS 38.04.045; AS 38.05.102; AS 40.15.305 AS 38.04.900; AS 38.05.600; AS 40.15.360 AS 38.05.020; AS 38.05.810; AS 40.15.370 AS 38.05.035; AS 38.05.850; AS 40.15.380 AS 38.05.070; AS 38.09.020; AS 44.37.020 AS 38.05.082; AS 38.09.110 AS 38.05.083; AS 38.50.160
Eff. 7/1/2018, Register 227

11 AAC 05.250 Uniform commercial code (UCC)

Fees under AS 45.29.501 - 45.29.530, Uniform Commercial Code, Secured Transactions; filing, (UCC) for services and products of the recorder's office regarding UCC records within the meaning given in 11 AAC 06.900 are as follows:

(1) UCC initial financing statement, $20 each filing;

(2) UCC amendment, including an assignment, continuation, partial release, or termination, $10 each function;

(3) UCC information statement, $10 each filing;

(4) UCC transmitting utility filing, $50 each filing;

(5) request for information, $15 each debtor name;

(6) request for information with copy, $25 each debtor name;

(7) individual copy, $2;

(8) certification, $5 added to the copy fee set out in (7) of this subsection.

History

Authority: AS 38.04.900; AS 38.05.035; AS 44.37.027 AS 38.05.020; AS 44.37.020; AS 45.29.525
Eff. 7/1/2018, Register 227

11 AAC 05.260 Water management and dam safety

(a) When the department determines that a designated regulatory service under AS 46.15 will require additional costs, or staff time in excess of the maximum hours set out in (b)(2), (3), (4), (5), (10) or (13) of this section, but that a higher fee under 11 AAC 05.270 is not required; then, in addition to the fee established for each application or filing fee by in (b)(2), (3), (4), (5), (10) or (13)(b) of this section:

(1) the department may

(A) charge the additional hourly fee (b)(2), (3), (4), (5), (10) or (13) of this section for staff time in excess of the maximum hours set out in (b)(2), (3), (4), (5), (10) or (13) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge any additional fees necessary to pay for estimated actual costs under AS 37.10.050(a), including costs under 11 AAC 05.200 for recordation by the department, and including costs allowable under AS 37.10.052 - 37.10.058 for travel, publication, or professional services;

(2) at the request of the person to be billed for the designated regulatory service, the department will attempt to reach a negotiated service agreement under AS 37.10.052 with that person before charging any additional fees under (1) of this subsection,

(3) the department will provide the applicant or petitioner written estimates detailing any additional costs for the department to continue processing the application;

(4) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(b) The fees established for designated regulatory services under AS 46.15 are as follows:

Regulatory

service to

which an

application or

filing relates: Fixed Fee

for permit

or other

filing: Fixed fee

request

for extension

of either

permit or

authorization: Fix Fee

for transfer

and change of

appropriation

under AS

46.15.155(g) and

(i), 11 AAC

93.210(b), 11 AAC

93.930, or for

request under 11

AAC 93.147(a)(4): Hourly Fee

for regulatory

service if

processing requires

time in excess

of specified

maximum: (1) appropriation of water under AS 46.15. 040, for one single-family residence or duplex, or for a water use associated with one single-family residence or duplex$100$50$50not applicable(2) appropriation of water under AS 46.15.040, for support of exploration, construction, development, operation, production, transportation, or maintenance activities related to oil and gas and associated substances, except for retail distribution.$1,500, for up to 60 hours of staff time$450, for up to 18 hours of staff time$900, for up to 36 hours of staff time$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application or request(3) appropriation of water under AS 46.15.040, for support of exploration, construction, development, operation, production, transportation, or maintenance activities related to locatable mining except for retail distribution$1,500, for up to 60 hours of staff time; fixed fee not established$450, for up to 18 hours of staff time$900, for up to 36 hours of staff time$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application or request(4) appropriation of water under AS 46.15.040, for hydroelectric power generation capacity greater than 100 kilowatts$1,500, for up to 60 hours of staff time; fixed fee not established$450, for up to 18 hours of staff time$900, for up to 36 hours of staff time$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application or request(5) appropriation of water under AS 46.15.040, for water removal out of a hydrological unit under AS 46.15.035 and AS 46.15.037$1,500, for up to 60 hours of staff time; fixed fee not established$450, for up to 18 hours of staff time$900, for up to 36 hours of staff time$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application or request(6) appropriation of water under AS 46.15.040, for 5,000 gallons a day or less, for a use not listed in (1) - (5) of this subsection$250$125$190not applicable(7) appropriation of water under AS 46.15.040, for greater than 5,000 gallons a day and no more than 30,000 gallons a day, for a use not listed in (1) - (5) of this subsection$565$250$440not applicable(8) appropriation of water under AS 46.15.040, for greater than 30,000 gallons each day and no more than 100,000 gallons each day for a use not listed in (1) - (5) of this subsection$690$250$500not applicable(9) appropriation of water under AS 46.15.040, for greater than 100,000 gallons each day for a use not listed in (1) - (5) of this subsection$1,125$250$625not applicable(10) reservation of water under AS 46.15.145$1,500, for up to 60 hours of staff time; fixed fee not establishednot applicable$900, for up to 36 hours of staff time$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application of request(11) statement of beneficial use under 11 AAC 93.130, including recordation by the department under 11 AAC 06.040 of the certificate of appropriation$50not applicablenot applicablenot applicable(12) preferred use status under AS 46.15.150, fee is in addition to other applicable fees in this subsection, and$940not applicablenot applicablenot applicable(13) temporary water use under AS 46.15.155, including up to five water resources for all uses$450 for up to 18 hours of staff time; fixed fee not established$350 for up to 14 hours of staff time$350 for up to 14 hours of staff time$50 each hour, for each additional hour in excess of the maximum hours listed in this subparagraph for an application or request

(1) certificate of approval under 11 AAC 93.167 for a dam constructed before May 31, 1987, $150 for each foot of vertical height of the dam measured in accordance with 11 AAC 93.153;

(2) certificate of approval under 11 AAC 93.171 for dam construction, repair, modification, a fee, based on the cost estimate prepared under 11 AAC 93.171(f)(4)(D), and according to the following cumulative schedule, but in no case less than $1,500:

(A) for the first $100,000, a fee of two percent of that portion of the estimated cost;

(B) for the next $400,000, a fee of one percent of that portion of the estimated cost;

(D) for all costs in excess of $1,000,000, a fee of one-quarter of one percent of that portion of the estimated cost;

(3) transfer of certificate of approval issued under 11 AAC 93.167, 11 AAC 93.171, or 11 AAC 93.173, $300;

(4) certificate of approval under 11 AAC 93.172 for dam removal or abandonment, $50 for each foot of vertical height of the dam measured in accordance with 11 AAC 93.153 up to a maximum fee of $2,000;

(d) The fee for staff time research is $50 for each hour.

(e) The administrative service fee for each appropriation of water for which a permit, certificate, or an authorization for temporary use of water has been issued, is $50 each year. However, the following uses are exempt from the annual administrative service fee:

(1) a permit, certificate or authorization for temporary use of water authorizing the use of 500 gallons or less each day for all uses;

(2) a permit, certificate or authorization for temporary use of water authorizing domestic use of 1,500 gallons or less each day for one single-family residence or duplex;

(3) a reservation of water under AS 46.15.145.

(f) The fees for inspection for onsite monitoring of a permit to appropriate water, a certificate of appropriation, or a temporary water use authorization issued under AS 46.15, are not more than $500 each year for each permit, certificate, or authorization issued, unless otherwise specified as a condition of the permit, certificate or authorization.

(g) A water conservation fee for water appropriated or to be appropriated in accordance with AS 46.15.040 and removed from a hydrologic unit in accordance with AS 46.15.035 is as follows and applies to the total quantity of water appropriated or removed within a calendar year, by a person, as defined in AS 46.15.260, or a combination of related persons:

(1) $3 each acre-foot each year for any appropriation of a significant amount of water up to 5,000 acre-feet, or for any other significant amount of water, as described in 11 AAC 93.035, with a minimum fee of $50;

(2) $6 each acre-foot each year for more than 5,000 and up to 15,000 acre-feet;

(3) $8 each acre-foot each year for more than 15,000 and up to 25,000 acre-feet;

(4) $12 each acre-foot each year for more than 25,000 and up to 50,000 acre-feet;

(5) $15 each acre-foot each year for more than 50,000 and up to 100,000 acre-feet;

(6) $18 each acre-foot each year for more than 100,000 and up to 150,000 acre-feet;

(7) $21 each acre-foot each year for more than 150,000 and up to 300,000 acre-feet;

(8) $24 each acre-foot each year for more than 300,000 and up to 500,000 acre-feet;

(9) $27 each acre-foot each year for more than 500,000 and up to 1,000,000 acre-feet; and

(10) $30 each acre-foot each year for more than 1,000,000 acre-feet;

(h) Water conservation fee for water purchased from the state and removed from a hydrologic unit in accordance with AS 46.15.037 is as follows and applies to the total quantity of water purchased within a calendar year, by a person, as defined in AS 46.15.260, or a combination of related persons:

(1) $2 each acre-foot each year for any water up to 5,000 acre-feet with a minimum fee of $50;

(2) $4 each acre-foot each year for more than 5,000 and up to 15,000 acre-feet;

(3) $6 each acre-foot each year for more than 15,000 and up to 25,000 acre-feet;

(4) $8 each acre-foot each year for more than 25,000 and up to 50,000 acre-feet;

(5) $10 each acre-foot each year for more than 50,000 and up to 100,000 acre-feet;

(6) $12 each acre-foot each year for more than 100,000 and up to 150,000 acre-feet;

(7) $14 each acre-foot each year for more than 150,000 and up to 300,000 acre-feet;

(8) $16 each acre-foot each year for more than 300,000 and up to 500,000 acre-feet;

(9) $18 each acre-foot each year for more than 500,000 and up to 1,000,000 acre-feet; and

(10) $20 each acre-foot each year for more than 1,000,000 acre-feet.

History

Authority: AS 37.10.050; AS 38.05.020; AS 46.15.037 AS 37.10.052; AS 46.15.020; AS 46.17.050 AS 37.10.058; AS 46.15.035
Eff. 7/1/2018, Register 227

11 AAC 05.270 Higher fees

(a) Notwithstanding 11 AAC 05.020 - 11 AAC.05.260, the department may require a fee higher than that set out in 11 AAC 05.030 - 11 AAC.05.260 if the department determines that the location or nature of the use makes a higher fee appropriate to ensure a reasonable return to the state. Under this subsection, and at the department's discretion to ensure a reasonable return to the state, the department may set

(1) a variable fee of 5.0 percent of the gross receipts attributable to the use of the site;

(2) a fee based on the director's estimate of the market value of the use or, at the applicant's option and expense after receiving the director's written estimate of that value, based on appraised fair market value of the use; or

(3) a fee equal to the highest responsive bid submitted from among multiple qualified bidders when a statute, a department regulation, or the director has determined that only a limited number of authorizations will be awarded, and there are more qualified applicants than authorizations available.

(b) Notwithstanding 11 AAC 05.020, the department may enter into a reimbursement or prepayment agreement under AS 38.35.140(b) or AS 38.35.145, and may require a fee based on actual reasonable departmental costs that are higher than that set out in 11 AAC 05.030 - 11 AAC 05.260.

(c) Notwithstanding 11 AAC 05.020, in addition to the fees set out in 11 AAC 05.030 - 11 AAC 05.260, the department may enter into an agreement under AS 38.05.020(b)(2), and may require a fee based on actual reasonable departmental costs to respond to contaminated sites under 18 AAC 75.300 - 18 AAC 75.320 and to address contaminated sites under 18 AAC 75.320 - 18 AAC 75.396, including investigation, inspection, cleanup, remediation, and monitoring.

History

Authority: AS 27.21.030; AS 38.05.255; AS 40.17.030 AS 27.21.940; AS 38.05.295; AS 40.25.110 AS 37.10.050; AS 38.05.550; AS 40.25.115 AS 37.10.052; AS 38.05.555; AS 41.06.020 AS 37.10.058; AS 38.05.560; AS 41.21.020 AS 38.04.045; AS 38.05.565; AS 41.21.026 AS 38.04.900; AS 38.05.600; AS 41.23.440 AS 38.05.020; AS 38.05.810; AS 44.37.011 AS 38.05.035; AS 38.05.850; AS 44.37.020 AS 38.05.057; AS 38.08.110; AS 44.37.025 AS 38.05.082; AS 38.09.020; AS 44.37.027 AS 38.05.083; AS 38.09.110; AS 45.29.525 AS 38.05.102; AS 38.35.020; AS 45.50.315 AS 38.05.133; AS 38.35.050; AS 46.15.020 AS 38.05.177; AS 38.50.160; AS 46.15.035 AS 38.05.180; AS 38.95.240; AS 46.15.037 AS 38.05.250; AS 40.15.370
Eff. 7/1/2018, Register 227; am 5/22/2020, Register 234

11 AAC 05.900 Definitions

In this chapter

(1) "department" means the Department of Natural Resources;

(2) "plat" includes replats;

(3) "recreation rivers system" means the state recreation rivers, including recreational river corridors, established in AS 41.23.500;

(4) "CD-ROM" means compact disc-read only memory;

(5) "commercial recreation" has the meaning given in 11 AAC 96.250;

(6) "director" means the director of the division that issues or grants the particular authorization;

(7) "visitor day" has the meaning given in 11 AAC 96.250;

(8) "as-built survey" means a land survey plat that,

(A) is not required under AS 38.04.045;

(B) is stamped by a professional surveyor licensed under AS 08.48;

(D) depicts the type, character, dimensions, and location of constructed improvements, or installed improvements, or both, located relative to associated boundaries, whether horizontally or vertically;

(9) "landing" means a point of land where a proposed or installed improvement or line on tideland, shoreland or uplands transitions to the adjacent tideland, shoreland or uplands;

(10) "USB drive" means flash memory data storage device utilizing a universal serial bus interface;

(11) "linear" means a feature that has a shape where the width to length ratio exceeds one to five;

(12) "non-linear" means a feature that has a shape where the width to length ratio is less than one to five.

History

Authority: AS 03.10.020; AS 38.05.850; AS 41.21.020 AS 27.21.030; AS 38.09.110; AS 41.23.440 AS 38.04.045; AS 38.35.020; AS 44.37.020 AS 38.05.020; AS 38.35.050; AS 44.37.025 AS 38.05.035; AS 38.50.160; AS 45.50.315 AS 38.05.295; AS 41.06.020; AS 46.15.020
Eff. 1/1/86, Register 96; am 12/13/95, Register 136; am 8/23/2001, Register 159; am 12/7/2002, Register 164; am 7/1/2018, Register 227

Chapter 06 Document Recording and Filing

11 AAC 06.010 Recording districts

(a) Recording districts within the state are those as described in Department of Natural Resources Order No. 16, Establishing Recording Districts for the State of Alaska and Defining Geographic Boundaries, August 1, 1985, and as graphically illustrated in Alaska Recording Districts Portfolio, September 1, 1964, revised July 1, 1975.

(b) In case of a conflict between the boundaries defined by Department Order No. 016 and the graphic illustration identified in (a) of this section, the graphic illustration prevails.

History

Authority: AS 44.37.025
Eff. 6/1/86, Register 98

11 AAC 06.020 Common documents

Repealed 1/17/90.

11 AAC 06.030 Acceptance of certified copies for recordation

(a) The recorder may accept a certified copy of a document for recordation if allowed by AS 40.17.030 or by (b) of this section.

(b) Acceptable certified copies of a document for recordation include

(1) a document or record from a court of the United States or this state;

(2) a document or record previously recorded in another recording district of this state or a public recorder's office in another state; and

(3) repealed 8/23/2001;

(4) a document or record from a governmental office.

(c) A copy of a document or record previously certified by a recording office of this state may not later be presented for recording in the same district in which the original document or record was recorded.

History

Authority: AS 40.17.030; AS 44.17.035; AS 44.37.025
Eff. 6/1/86, Register 98; am 1/17/90, Register 113; am 8/23/2001, Register 159

11 AAC 06.040 Prerequisites for recording documents

(a) An original document or an electronic document is entitled to be recorded if

(1) it is of the type identified in AS 40.17.110;

(2) it is in compliance with AS 40.17.030;

(3) it meets one of the following format requirements, except that a UCC fixture statement recorded in a recording district need not conform to these requirements:

(A) it contains margins and a font size that conform to the following minimum requirements:

(i) at least two inches of blank space across the top of the first page of the document;

(ii) at least one-inch margins on the remainder of the first page and on all other pages of the document;

(iii) type size no smaller than 10-point font;

(B) for original documents only, it is a nonstandard document and is accompanied by an additional fee for nonstandard documents as set out in 11 AAC 05.200; for purposes of this subparagraph, a document

(i) is a nonstandard document if it does not substantially meet the margin requirements in (A)(i) and (ii) of this paragraph, but meets all other requirements to be eligible for recording; and

(ii) does not substantially meet the margin requirements in (A)(i) and (ii) of this paragraph if a substantial portion of the document exceeds those requirements, or if any portion of the document exceeds those requirements by more than one-half inch;

(4) it is accompanied by the fee for recording set out in 11 AAC 05.200;

(5) it contains a title reflecting the overall intent of the document;

(6) the information required for indexing is in English;

(7) for a document on which a legal description is present, that description is complete enough that a particular parcel can be geographically located and identified; a legal description is sufficient for purposes of recording if it contains, at a minimum, a section, township, range, and meridian designation of the parcel or, in the case of subdivided property, the

(A) lot and block of the parcel; and

(B) subdivision name or plat number of the parcel;

(8) it contains the legibly printed or typed names of all parties required to be indexed;

(9) it contains the recording book and page or serial number information of the original document that any amendment, correction, extension, modification, assignment, or release, partial or full, affects;

(10) it is submitted on opaque white paper stock not larger than 8 1/2 x 14 inches, or, if the document is a plat of survey, subdivision plat, or record of survey, is submitted on biaxially oriented polyester film that does not exceed 32 x 36 inches; the biaxially oriented polyester film used must be of archive quality; for documents authorized to be submitted by electronic means, the electronic version of the document must appear to comply substantially with this requirement;

(11) it contains original signatures except that a UCC fixture statement recorded in a recording district on or after August 23, 2001 may be submitted without an original signature of the debtor;

(12) it contains the name of the recording district in which it is to be entered into the public record; and

(13) in the case of an electronic document, it is a document that is authorized to be submitted electronically, it is submitted electronically by a person with authority to submit electronic documents under (g) of this section, and it otherwise complies with AS 40.17, the requirements of this chapter, and the Memorandum of Agreement Regarding Electronic Recording signed in accordance with (g) of this section.

(b) A certified copy of a document is entitled to be recorded if the certified copy complies with AS 40.17.030(b).

(c) An original document that is otherwise recordable on its own may not be submitted as an attachment to any other document.

(d) Repealed 1/17/90.

(e) It is the responsibility of the person submitting a document for recording to ensure that the prerequisites for recording as established by this section and by statute are met.

(f) If the document submitted for recordation is a plat of survey, subdivision plat, or record of survey, it becomes the property of the state after recording.

(g) Upon execution of the department's form Memorandum of Agreement Regarding Electronic Recording, Version 1 (07/2009), which is adopted by reference, the following persons may submit documents electronically for recording with a district recorder that accepts electronic recordings, so long as the original documents and the electronic documents comply with the requirements of AS 40.17, this chapter, and the Memorandum of Agreement:

(1) an attorney licensed in the state;

(2) a bank, savings and loan association, savings bank, or credit union doing business under laws of the United States or the state;

(3) a federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government, or a person approved as a mortgagee by the United States to make federally insured loans;

(4) a person authorized to make regulated loans in the state;

(5) a title insurance company or title insurance agent authorized to do business in the state;

(6) an agency of the state;

(7) municipalities, boroughs, cities, or towns within the state;

(8) a provider of electronic document recording services who is authorized to do business in the state.

History

Authority: AS 09.80.020; AS 40.17.030; AS 45.29.502 AS 09.80.150; AS 40.17.110 AS 40.15.010; AS 44.37.025
Eff. 6/1/86, Register 98; am 1/17/90, Register 113; am 8/23/2001, Register 159; am 4/2/2004, Register 169; am 12/14/2008, Register 188; am 12/5/2009, Register 192; am 7/10/2011, Register 199; am 7/1/2018, Register 227

11 AAC 06.050 Prerequisites for filing documents

Repealed.

History

Eff. 6/1/86, Register 98; am 1/17/90, Register 113; repealed 8/23/2001, Register 159

11 AAC 06.051 Filing uniform commercial code (UCC) records

(a) A UCC record is entitled to be filed if

(1) it is legible and capable of being copied and converted into legible form by a machine used in the filing office;

(2) it is accompanied by the fee for filing, as set out in 11 AAC 05.250;

(3) it is submitted on

(A) forms available through the department and designated for UCC record filing; or

(B) forms on the department's internet web site for online filing, if available;

(4) for a UCC record that is an initial financing statement, the record

(A) identifies the debtor as an individual or an organization;

(B) contains the name and address of each debtor and secured party; and

(5) for a UCC record that is an amendment or information statement to an active initial financing statement in the UCC central filing office, the record contains the complete file number of the initial financing statement;

(6) repealed 12/14/2008.

(b) Initial financing statements that are fixture filings and amendments of those filings under AS 45.29.501(a)(1) are subject to AS 40.17.030, AS 45.29.502(b), and 11 AAC 06.040.

(1) personal delivery, at the filing office's street address; the file time for a UCC record delivered by this method is when the delivery and the record are accepted by the filing office and the record is filed;

(2) courier delivery, at the filing office's street address; the file time for a UCC record delivered by this method is, notwithstanding the time of delivery, the time the record is accepted and filed;

(3) postal service delivery, to the filing office's mailing address; the file time for a UCC record delivered by this method is the time the record is accepted and filed;

(4) telefacsimile delivery, to the filing office's facsimile number, if available at that office; the file time for a UCC record delivered by this method is, notwithstanding the time of transmission of the telefacsimile, the time the record is accepted and filed;

(5) online filing, through the department's Internet web site, if available; the file time for a UCC record delivered by this method is, notwithstanding the time of submission of the electronic filing, the time the record is accepted and filed.

(d) A UCC record delivered by a method provided in this section after regular business hours or on a day the filing office is not open for business shall be processed on the next day the filing office is open for business.

History

Authority: AS 44.37.027; AS 45.29.503; AS 45.29.522 AS 45.29.502; AS 45.29.516; AS 45.29.525
Eff. 8/23/2001, Register 159; am 4/2/2004, Register 169; am 12/14/2008, Register 188; am 8/29/2013, Register 207; am 7/1/2018, Register 227

11 AAC 06.060 Status of filed documents

Repealed.

History

Eff. 6/1/86, Register 98; repealed 8/23/2001, Register 159

11 AAC 06.061 Acceptance or refusal of uniform commercial code (UCC) records

(a) The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. Provision of complete and accurate information on a filing form submitted by a filer is the responsibility of the filer. In accepting or refusing to file a UCC record under this chapter, the filing officer may not

(1) determine the legal sufficiency or insufficiency of a record;

(2) determine that a security interest in collateral exists or does not exist;

(3) determine that information in the record is correct or incorrect, in whole or in part; or

(4) create a presumption that information in the record is correct or incorrect, in whole or in part.

(b) If the filing officer finds grounds under AS 45.29.516 to refuse to accept a UCC record, the filing officer shall return the record to the remitter with the communication required by AS 45.29.520(b), and shall return or refund the filing fee.

(c) The first day on which a continuation may be filed is the date corresponding to the date upon which the financing statement would lapse, six months preceding the month in which the financing statement would lapse. If there is no such corresponding date, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. The last day on which a continuation may be filed is the date upon which the financing statement lapses. Under AS 45.29, acceptance by the filing officer of a continuation that could have been rejected under this subsection does not make the record effective.

(d) Under AS 45.29, acceptance by the filing officer of a UCC record that could have been refused under AS 45.29.516 does not make the record effective.

(e) If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused, the filing officer shall file the UCC record with the filing date and time the UCC record was refused for filing. The filing officer shall add a comment line to the relevant filing that will provide the date of the correction and explain the nature of the corrective action taken. The record shall be preserved for as long as the initial financing statement is preserved.

(f) An error by a filer is the responsibility of the filer. A filer may correct an error by filing an amendment or by disclosure in an information statement. The filing of an information statement under AS 45.29.518 does not affect the effectiveness of a UCC record. For purposes of this subsection, an error includes incorrect or incomplete names, addresses, financing statement numbers, collateral, or identification of the type of filing.

(g) When a UCC record submitted for filing is filed, it becomes the property of the state.

(h) The filing office may correct data entry errors by filing office staff at any time.

History

Authority: AS 44.37.027; AS 45.29.518 AS 45.29.516; AS 45.29.520
Eff. 8/23/2001, Register 159; am 4/2/2004, Register 169; am 8/29/2013, Register 207

11 AAC 06.062 Search requests and reports

(a) To retrieve a UCC record, by the name of the debtor or by the file number of the initial financing statement, a person may

(1) electronically search, at a filing office, the index established under AS 45.29.519;

(2) electronically search the index established under AS 45.29.519 by accessing the department's internet website; or

(3) submit, in accordance with this section, a request to the filing office for a search under AS 45.29.523 of the index established under AS 45.29.519.

(b) A search request under (a)(3) of this section must

(1) set out the name of the debtor to be searched and whether the debtor is an individual or an organization; a search request shall be processed using the name in the exact form that name is submitted;

(2) set out the name and address of the person to whom the search report is to be sent; and

(3) include the appropriate fee in accordance with 11 AAC 05.250(a)(5) or (6).

(c) A search request under (a)(3) of this section may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office under 11 AAC 06.051(c).

(d) If a filer requests a search under (a)(3) of this section at the time an initial financing statement is filed, the debtor name as set out on the form shall be searched if the form is accepted and the relevant search fee is also tendered. The requesting party must be the remitter of the initial financing statement, and the search request shall be treated as a search that would retrieve all active financing statements filed on or before the date the initial financing statement is filed.

(e) If a continuation is not timely filed with respect to a financing statement, the financing statement lapses on its scheduled lapse date, but shall continue to be reported on a search as an active filing. On the first anniversary of that lapse date, that financing statement shall be rendered inactive, so that it is no longer reported on a search.

History

Authority: AS 44.37.027; AS 45.29.519; AS 45.29.523 AS 45.29.515; AS 45.29.522; AS 45.29.525
Eff. 8/23/2001, Register 159; am 7/1/2018 Register 227

11 AAC 06.063 Transition provisions

(a) On and after August 23, 2001, the only initial financing statements that may be accepted in a district recording office are fixture statements, or initial filings relating to as-extracted collateral or timber to be cut. All other new financing statements must be submitted to the central filing office described in AS 45.29.501(a)(2), if this state is the proper state for filing.

(b) On and after, August 23, 2001, existing filings in a district recording office may be amended, assigned, terminated, or released through the filing of a UCC amendment form until lapse.

(c) On and after, August 23, 2001, existing filings in a district recording office may not be continued through the filing of a UCC amendment form unless the initial filing is a fixture statement or a statement covering as-extracted collateral or timber to be cut. In order to extend the effectiveness of an existing financing statement, other than a fixture filing or related filing, on file in a district recording office, a new financing statement must be submitted to the proper place of filing under AS 45.29.501 - 45.29.502. If the proper place of filing on or after August 23, 2001, is the UCC central filing office in this state, the new financing statement filed in lieu of a continuation must state that the statement is an "in lieu" statement and include copies of the prior filing and all changes and continuations previously filed pertaining to that filing. The "in lieu" statement shall be treated as a new initial financing statement in the UCC central filing office and a new lapse date calculated.

History

Authority: AS 44.37.027; AS 45.29.705; AS 45.29.707 AS 45.29.501; AS 45.29.706; AS 45.29.708
Eff. 8/23/2001, Register 159

11 AAC 06.070 Return of original recorded documents

(a) After a document is recorded, the original of the document must be returned either to the person identified on the document under AS 40.17.030 or to the person who presented it. For a document submitted electronically, after the document is recorded, the document may be returned either by electronic means to the person that submitted it or as a paper document to the person identified on the document under AS 40.17.030.

(b) If a document is filed and recorded, it shall be processed as a recorded document. However, the original becomes the property of the state. The state will permanently retain recorded plats of survey, subdivision plats, and records of survey.

History

Authority: AS 09.80.150; AS 40.17.070 AS 40.15.010; AS 44.37.025
Eff. 6/1/86, Register 98; am 1/17/90, Register 113; am 8/23/2001, Register 159; am 12/14/2008, Register 188; am 12/5/2009, Register 192

11 AAC 06.080 Record of survey

(a) To be eligible for recording under AS 34.65.030, a record of survey must meet the requirements of AS 40.17.030(a)(1), (2), (4), (5), (9), and (10), and 11 AAC 06.040(a)(7) and (10). A record of survey is not complete unless it

(1) graphically shows the original and any reestablished monuments and all distances and directions required to determine the location of all monuments established during the survey;

(2) includes notations describing survey procedures used to establish monumentation during the survey;

(3) identifies the legal document the survey is based upon by filing number or by its recording book and page numbers if it is of record in this state;

(4) includes the statement, "this survey does not constitute a subdivision as defined by AS 40.15.190(2)" if the survey is within an area governed by a platting authority;

(5) is sealed, signed, and dated by the registered land surveyor in charge of the survey;

(6) contains no proposed features or information not essential to identification of boundary locations or measurements;

(7) contains the title "Record of Survey"; and

(8) identifies the section, township, range, and meridian, and the subdivision name or U.S. Survey number if the property is located within either;

(9) repealed 8/23/2001.

(b) Recording a record of survey under this section does not relieve the surveyor of the obligation of complying with any additional surveying and platting requirements imposed by the state or a municipality.

History

Authority: AS 34.65.030; AS 38.05.020; AS 44.37.025 AS 34.65.060; AS 40.17.030
Eff. 3/8/87, Register 101; am 8/23/2001, Register 159

11 AAC 06.090 Record of monument

A record of monument may not be filed under AS 34.65.040 unless it meets the prerequisites for recording documents established by 11 AAC 06.040(a) and is on a fully executed standard land survey record of monument form provided by the department.

History

Authority: AS 34.65.040; AS 38.05.020; AS 44.37.025 AS 34.65.060; AS 40.17.030
Eff. 3/8/87, Register 101; am 8/23/2001, Register 159

11 AAC 06.100 Notice of disturbance or destruction of a survey monument

A notice of disturbance or destruction of a survey monument may not be recorded under AS 34.65.040 unless it meets the prerequisites for recording documents established by AS 40.17.030 and 11 AAC 06.040 and is on a fully executed notice of disturbance or destruction of a survey monument form provided by the department.

History

Authority: AS 34.65.040; AS 34.65.060; AS 44.37.025 AS 38.05.020; AS 40.17.030
Eff. 3/8/87, Register 101; am 8/23/2001, Register 159

11 AAC 06.110 Filing office

For purposes of filing a UCC record under AS 45.29.501(a)(2) and (b), the UCC central filing office is the support services division, Uniform Commercial Code section within the department. The proper office of the department in which to file a fixture statement and related records under AS 45.29.501(a)(1) is the recording office for the recording district in which the related real property is located.

History

Authority: AS 44.37.025; AS 44.37.027; AS 45.29.501
Eff. 3/8/87, Register 101; am 8/23/2001, Register 159

11 AAC 06.120 Notice of bankruptcy

The filing officer may not take action if the officer receives a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in a UCC record.

History

Authority: AS 44.37.027
Eff. 3/8/87, Register 101; am 8/23/2001, Register 159

11 AAC 06.900 Definitions

In this chapter, unless the context requires otherwise,

(1) "amendment" means a UCC record that amends the information contained in a financing statement; "amendment" includes an assignment, a continuation, a partial release, and a termination;

(2) "assignment" means an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement;

(3) "certified copy" means a copy of a document or record, signed and certified as a true copy by the officer in whose custody the document or record is or by any other person authorized to make the certification;

(4) "continuation" has the meaning given to "continuation statement" in AS 45.29.102;

(5) repealed 8/29/2013;

(6) "department" means the Department of Natural Resources;

(7) "file" means to accept a UCC record into the public record by affixing serial number, date, and time information, and to retain that record;

(8) "financing statement" has the meaning given in AS 45.29.102;

(9) "fixture filing" has the meaning given in AS 45.29.102;

(10) "fixture statement" means the financing statement that is filed in a fixture filing;

(11) "individual" means a

(A) natural person in a UCC record; or

(B) decedent in a UCC record, if a debtor is the decedent's estate;

(12) "initial financing statement" means a UCC record containing the information required to be in a financing statement under AS 45.29.502 and that causes the filing office to establish the initial record of existence of a financing statement;

(13) "legal description" means a delineation of a specific property by

(A) referring to and basing the delineation on a plat of survey that is

(i) approved by the applicable platting authority identified in AS 40.15.070; and

(ii) accepted and filed in accordance with this chapter;

(B) describing the property's metes and bounds; or

(14) "organization" means a person in a UCC record, other than an individual;

(15) "record"

(A) as a noun, means every document accepted and placed into the public record in a district recorder's office, providing notice to the public and open to the public for inspection; "record" includes UCC filings in the UCC central filing office;

(B) for purposes of a UCC record, has the meaning given in AS 45.29.102; and

(C) as a verb, means to accept a document into the public record by affixing serial number, date, and time information to the document and entering it into the grantor/grantee and location indices;

(16) "remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing; "remitter" does not include the United States Postal Service, a courier service, or a person responsible merely for the delivery of the record to the filing office, unless that person acts as a filer's agent in the filing process;

(17) "secured party of record" has the meaning given in AS 45.29.511;

(18) "termination" has the meaning given to "termination statement" in AS 45.29.102;

(19) "UCC" means AS 45.29 (Uniform Commercial Code - Secured Transactions);

(20) "UCC record" means a record that is an initial financing statement, amendment, or information statement; "UCC record" does not refer exclusively to paper or paper-based writings; "UCC record" includes fixture statements and related documents recorded in a recording district office;

(21) "active initial financing statement" means an initial financing statement that has not reached the one-year anniversary of its lapse date;

(22) "address" means a valid mailing address that includes

(A) a street address, route number, milepost number, or post office box number, as appropriate; and

(B) the city, state, and zip code;

(23) "original signature"

(A) means a wet ink signing on paper documents, as well as an electronic signature as defined in AS 09.80.190(8);

(B) includes, for a document submitted electronically for recording, the electronic version of an "original signature";

(24) "information statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.

History

Authority: AS 40.17.030; AS 45.29.102; AS 45.29.519 AS 44.37.025; AS 45.29.511 AS 44.37.027; AS 45.29.518
Eff. 6/1/86, Register 98; am 8/23/2001, Register 159; am 4/2/2004, Register 169; am 12/5/2009, Register 192; am 8/29/2013, Register 207

Part 2 Parks, Recreation, and Public Use

Chapter 07 Boating and Boating Safety

Article 1 Uniform State Waterway Marking System

11 AAC 07.100 Uniform state waterway marking system

The provisions of the United States Aids to Navigation System prescribed in 33 C.F.R. 62.27, 62.29, 62.31, 62.33, and 62.35, as revised as of July 1, 2002 and hereby adopted by reference, constitute the uniform state waterway marking system for the placement of regulatory markers in the state. All regulatory markers placed on or near the water of the state must conform to the applicable specifications in the federal regulations adopted by reference in this section.

History

Authority: AS 05.25.052; AS 41.21.020
Eff. 10/25/2002, Register 164

11 AAC 07.110 Compliance with state regulatory marker

A person shall comply with a state regulatory marker that conveys an official regulatory message.

History

Authority: AS 05.25.052; AS 41.21.020
Eff. 10/25/2002, Register 164

11 AAC 07.190 Prohibited activities

A person may not

(1) moor or otherwise attach a boat or other object to a state regulatory marker, other than a mooring buoy;

(2) deface, remove, destroy, or otherwise alter a state regulatory marker.

History

Authority: AS 05.25.052; AS 41.21.020
Eff. 10/25/2002, Register 164

Article 2 General Provisions

11 AAC 07.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "official regulatory message" means a message, warning, instruction, or prohibition on a regulatory marker, including messages addressing boat speed, no wake zones, and swim areas;

(2) "regulatory marker" has the meaning given in AS 05.25.100;

(3) "state regulatory marker" means a regulatory marker placed by the state on or near the water of the state;

(4) "water of the state" has the meaning given in AS 05.25.100.

History

Authority: AS 05.25.052; AS 41.21.020
Eff. 10/25/2002, Register 164

Chapter 09 State Recreation Rivers System

Article 1 General Provisions

11 AAC 09.005 Management plan

The area-wide and unit-specific management policies (Chapters 2 and 3) of the Susitna Basin Recreation Rivers Management Plan, dated August 1991, which went into effect on May 12, 1991, in accordance with AS 41.23.440, are adopted by reference as a regulation. The department will administer this chapter in accordance with the cited portions of the management plan.

History

Authority: AS 41.23.410; AS 41.23.440 AS 41.23.420; AS 41.23.570
Eff. 12/13/95, Register 136

11 AAC 09.010 Float plane landing areas

After consultation with appropriate governmental and private entities, the commissioner will designate a portion of a recreation river as closed to float plane landing or takeoff, if the commissioner determines that the landing or takeoff would be a significant public safety concern. In addition, the commissioner will designate a portion of a recreation river as a float plane landing area and exclude or restrict all other vehicular traffic, if the commissioner determines that other vehicular traffic would be a significant public safety concern. A float plane landing area will not be designated within a non-motorized portion of a recreation river. The commissioner will notify the public of an area closed to float plane landing or takeoff or designated as a float plane landing area by publication in a newspaper of general circulation in the affected area and by giving notice to appropriate federal authorities.

History

Authority: AS 41.23.400; AS 41.23.420 AS 41.23.410; AS 41.23.440
Eff. 12/13/95, Register 136

11 AAC 09.020 Public use cabins

(a) The commissioner will place into a public use cabin system a cabin within the recreation rivers system that the department acquires by any method or constructs, unless the commissioner determines that the placement is inconsistent with the management plan for the area.

(b) A person may not use or occupy a cabin in the public use cabin system that is managed by the department on a reservation and fee basis without first obtaining a reservation from the department and paying the required fee.

History

Authority: AS 41.23.410; AS 41.23.420; AS 41.23.440
Eff. 12/13/95, Register 136

11 AAC 09.030 Generally allowed uses

A permit or other written authorization is required for uses and activities not appearing on the list in this section. The following land uses and activities, alone or in combination, are generally allowed uses on land subject to the Susitna Basin Recreation Rivers Management Plan, adopted by reference in 11 AAC 09.005, that do not require an authorization under AS 41 or 11 AAC 96.010(a), except that a land use or activity for a commercial recreation purpose requires prior registration under 11 AAC 96.018:

(1) travel or travel-related activities, as follows:

(A) hiking, backpacking, skiing, climbing, or other foot travel;

(B) bicycling;

(D) using an off-road motorized vehicle with a gross weight of 1,000 pounds or less, including a snowmobile or all-terrain vehicle, whether wheeled or tracked, on established trails, except during periods when Table 2.1 of the management plan closes the area to motorized use;

(E) using an off-road motorized vehicle with a gross weight of 1,000 pounds or less, including a snowmobile or all-terrain vehicle, whether wheeled or tracked, off an established road right-of-way if the department gives public notice that snow cover and ground frost is sufficient to prevent damage to vegetation;

(F) using a highway vehicle on a road or trail built and maintained for use by highway vehicles;

(G) using a boat, canoe, raft, or kayak, subject to restrictions for non-motorized and powerboat-only areas as listed in Table 2.1 of the management plan;

(H) using personal watercraft only on the Susitna, Yentna, and Skwentna Rivers;

(I) landing a fixed-wing aircraft or helicopter, except during periods when Table 2.1 of the management plan closes the area to motorized use;

(J) driving up to 100 head of livestock;

(2) access improvements, as follows:

(A) placing a floating dock for an upland owners or lessee's personal, noncommercial use, if

(i) the total surface area of the dock is not more than 100 square feet; the dock does not extend more than 15 feet from the water body's edge at any water level, and the walkway, ladder, or ramp connecting the dock to the shore is no more than four feet wide;

(ii) no surface-treated, pentachlorophenol-treated, or creosote-treated construction materials are in contact with the water;

(iii) barrels used in the structure are cleaned and sealed sufficiently to prevent the escape of hazardous materials into the water body;

(iv) the dock is designed and boats and aircraft are tied to it so as not to create a safety hazard or impede navigation or the lawful use of aircraft; and

(v) the dock is removed before ice forms on the water body;

(B) placing an anchor buoy on a lake, if marked with the owner's name, or placing a temporary anchor buoy or marker at the mouth of Lake Creek, if the anchor buoy or marker does not interfere with the primary navigation channel, is marked with the owner's name, is not left unattended for more than 30 minutes, is pulled within six hours, and is not reset for an additional hour;

(3) removing or using state resources, as follows:

(A) hunting, fishing, or trapping; nothing in this subparagraph relieves a person from complying with applicable state and federal statutes and regulations on the taking of fish and game;

(B) harvesting wild plants, mushrooms, berries, and other plant material for personal, noncommercial use; however, the cutting of trees is not a generally allowed use under this subparagraph;

(C) using dead and down wood for a cooking or warming fire, unless the department has closed the area to fires during the fire season;

(D) recreational gold panning;

(E) hard-rock mineral prospecting or mining using light portable field equipment, including a hand-operated pick, shovel, pan, earth auger, or a backpack power drill or auger;

(F) suction dredging using a suction dredge with a nozzle intake of six inches or less, powered by an engine of 18 horsepower or less, and pumping no more than 30,000 gallons of water per day;

(4) organized assemblies, as follows:

(A) a private, noncommercial assembly of up to 15 persons if held between May 15 and August 31, or of any number of persons if held during the rest of the year, in an area designated by the management plan as Class I;

(B) a private, noncommercial assembly of up to 50 persons if held between May 15 and August 31, or of any number of persons if held during the rest of the year, outside areas designated by the management plan as Class I;

(C) a race, derby, spectator event, or other promotional or entertainment event organized on a noncommercial basis if held between September 1 and May 15;

(5) other uses, as follows:

(A) setting up and using a primitive tent camp for personal, noncommercial recreational purposes, or for any non-recreational purpose, including as a support camp during mineral exploration, for no more than four days at one site between May 15 and August 31 of each year, and for no more than 14 days at one site during the rest of the year, without

(i) causing lasting damage to vegetation, drainage, or soil stability;

(ii) interfering with public access or other public purposes; or

(iii) harassing or unlawfully disturbing fish or wildlife;

(B) storing or parking vehicles, equipment, and boats, for a maximum of four days in any one location between May 15 and August 31, and for a maximum of 14 days in any one location during the rest of the year, except that vehicles used to drop off or pick up persons using a recreation river for authorized noncommercial recreational activities may remain parked as long as the recreational activity continues;

(C) lawful use of weapons, including firearms, except within one-quarter mile of the Deshka River between its mouth and the camp maintained by the Department of Fish and Game at approximately river mile 2 between May 15 and August 21, or within any other area of high public use where a weapons closure is in effect, because of threats to public safety.

History

Authority: AS 41.23.410; AS 41.23.440 AS 41.23.420; AS 41.23.470
Eff. 12/13/95, Register 136; am 12/7/2002, Register 164

11 AAC 09.040 Resource management camp

(a) Upon written determination of its necessity by the department, the commissioner will, in the commissioner's discretion, designate a site within the recreation river management system as a resource management camp. In the designation, the commissioner will, in the commissioner's discretion, establish conditions for the use of the camp consistent with the management plan.

(b) A resource management camp will be available to a municipal, state, or federal agency or non-profit group that has entered into a cooperative management agreement with the department concerning the use of the site.

History

Authority: AS 41.23.400; AS 41.23.440; AS 41.23.480 AS 41.23.420; AS 41.23.470
Eff. 12/13/95, Register 136

11 AAC 09.050 Enforcement orders

The management plan referred to in 11 AAC 09.005 establishes the activity restrictions the commissioner finds necessary to implement the purposes of AS 41.23.400. A person's noncompliance with those restrictions will be dealt with as follows:

(1) a peace officer designated to enforce the provisions of AS 41.23.400 - 41.23.510 will serve notice of the applicable restriction by personally communicating it to the person or, if the person is not present, by posting at the site of the noncompliance;

(2) the notice will include an order to correct the noncompliance within a stated period by ceasing or modifying the restricted activity, restoring damage caused to state land and water, or leaving the premises; the notice will notify the user that an inspection is required to determine whether the noncompliance has been corrected; the order constitutes a written authorization of the division of land;

(3) for each inspection to determine whether the noncompliance has been corrected, an inspection fee as required by 11 AAC 05.160 will be charged;

(4) failure to comply with the peace officer's order terminates the person's privilege of using the recreation rivers system, suspends the user's permit, if any, issued under 11 AAC 09.200 or 11 AAC 09.300, and constitutes a trespass; if the noncompliance continues or fees are not paid, the department reserves the right to pursue any lawful remedy, including an action for civil or criminal trespass.

History

Authority: AS 38.05.020; AS 41.23.420; AS 41.23.470 AS 41.23.400; AS 41.23.440
Eff. 12/13/95, Register 136; am 7/1/2018, Register 227

Article 2 Use by General Public

11 AAC 09.200 Recreation rivers permit

(a) A recreation rivers permit from the department is required for a non-commercial activity that does not appear on the list in 11 AAC 09.030.

(b) A person applying for a recreation rivers permit shall submit to the department:

(1) a completed application on a form provided by the department;

(2) the fee as required by 11 AAC 05.210; and

(3) proof of the applicant's current comprehensive liability insurance coverage.

(c) The commissioner will, in the commissioner's discretion, issue a recreation rivers permit, if the commissioner determines that the issuance of the permit is consistent with law and the management plan.

(d) Before issuance of a permit under this section, the department will notify the applicant of the amount of performance guarantee for each specific permitted activity. The amount of the performance guarantee shall be based on the past performance of the applicant related to the activities for which a permit is requested, the potential damage to state resources or liability incurred by the state, and the potential cost to the state of restoration because of activities related to the permit. The amount of the performance guarantee may not exceed estimated potential costs or liability, but shall not be less than $1,000. The department will not issue the permit before receiving the required performance guarantee and annual fee as prescribed for a land use permit in 11 AAC 05.210.

(e) The commissioner will issue a permit under this section for a period not to exceed five years. The term of the permit will be specified on the face of the permit and set consistent with the management plan for the area. The commissioner will issue the permit subject to specific terms and conditions. Each permit shall contain a specific description of the permitted activity.

(f) A permit issued under this section is revocable at will. The department will revoke a permit for the following reasons:

(1) the permit holder's failure to comply with law related to the permit or the terms or conditions of the permit;

(2) the department's determination that the revocation is necessary to further the management plan for the area.

(g) The department will, in its discretion, suspend a permit issued under this section for the same reasons that a permit is revocable under (f) of this section, if the department determines that the failure was minor or a suspension will better further the management plan for the area. Additionally, the department will, in its discretion, proceed against the permit holder's performance guarantee for a failure to comply with law related to the permit or the terms or conditions of the permit.

History

Authority: AS 41.23.400; AS 41.23.420; AS 41.23.470 AS 41.23.410; AS 41.23.440; AS 41.23.500
Eff. 12/13/95, Register 136; am 12/7/2002, Register 164; am 7/1/2018, Register 227

11 AAC 09.210 General permit

The department may issue a general permit under 11 AAC 09.200 to authorize a specific category of uses requiring a recreation rivers permit. The general permit is subject to specific terms and conditions listed on the permit. If the department issues a general permit, an applicant for a recreation rivers permit must meet all of the requirements of 11 AAC 09.200.

History

Authority: AS 41.23.400; AS 41.23.410; AS 41.23.420
Eff. 12/13/95, Register 136; am 12/27/2012, Register 204

11 AAC 09.220 Reports

(a) A holder of a permit issued under 11 AAC 09.040 shall submit a written report to the department within 30 days after completing the permitted activity. The report shall summarize the activity conducted under the permit.

(b) A holder of a permit issued under 11 AAC 09.200 for more than one year in duration shall file an annual report with the department before the anniversary of the date on which the permit was originally issued. The annual report must summarize the activities conducted under the permit in the past year.

History

Authority: AS 41.23.400; AS 41.23.420; AS 41.23.470 AS 41.23.410; AS 41.23.440; AS 41.23.500
Eff. 12/13/95, Register 136

Article 3 Commercial Use

11 AAC 09.300 Commercial-use permit

(a) A commercial-use permit from the department is required for a commercial recreation activity that does not appear on the list in 11 AAC 09.030.

(b) A person applying for a commercial-use permit shall submit to the department

(1) a completed application on a form provided by the department;

(2) the fee as required by 11 AAC 05.210; and

(3) proof of the applicant's comprehensive liability insurance coverage as required by 11 AAC 09.320.

(c) The commissioner will, in the commissioner's discretion, issue a commercial-use permit if the commissioner determines that the issuance of the permit is consistent with law and the management plan.

(d) Before issuance of a permit under this section, the applicant must provide proof of satisfaction to the department that the requirements for insurance and performance guarantees set out in 11 AAC 09.320 have been met.

(e) The commissioner will issue a permit under this section for a term not to exceed one year. The term of the permit will be specified on the face of the permit and will be set consistent with the management plan for the area. The commissioner will issue the permit subject to specified terms and conditions. Each permit shall contain a specific description of the permitted activity.

(f) A permit issued under this section is revocable at will. The department will revoke a permit for the following reasons:

(1) the permit holder's failure to comply with law related to the permit or the terms or conditions of the permit;

(2) the department's determination that the revocation is necessary to further the management plan for the area.

History

Authority: AS 41.23.410; AS 41.23.440
Eff. 12/13/95, Register 136; am 12/7/2002, Register 164; am 7/1/2018, Register 227

11 AAC 09.305 General permit

The department may issue a general permit under 11 AAC 09.300 to authorize a specific category of uses requiring a commercial-use permit. The general permit is subject to specific terms and conditions listed on the permit. If the department issues a general permit, an applicant must meet all the requirements of 11 AAC 09.300(b).

History

Authority: AS 41.23.410; AS 41.23.440
Eff. 12/13/95, Register 136; am 12/27/2012, Register 204

11 AAC 09.310 Fees

The flat rate fee required by 11 AAC 05.050(1) must be paid before obtaining a commercial-use permit. The additional fees required by 11 AAC 05.050(2) must be paid on either a monthly or seasonal basis, as directed by the commissioner, except that the commissioner will, in the commissioner's discretion and after determining it to be in the financial interest of the state, waive all or part of the additional fees required by 11 AAC 05.050(2).

History

Authority: AS 41.23.410; AS 41.23.440
Eff. 12/13/95, Register 136; am 7/1/2018, Register 227

11 AAC 09.320 Insurance and performance guarantees

(a) An applicant for a commercial-use permit shall provide proof to the department of a current comprehensive liability insurance policy that will cover the activity to be permitted. The amount of required insurance coverage may vary depending on the applicant's activity, but must be a minimum of $300,000. The policy must be issued by a company that has a certificate of authority issued under AS 21.09.010 in force and in good standing or whose company name appears on the list of approved surplus line insurers under AS 21.34.050. The State of Alaska must be listed as an additional insured on the insurance policy.

(b) Before issuance of a commercial-use permit, the department will notify the applicant of the amount of performance guarantee for each specific permitted activity. The amount of the performance guarantee shall be based on the past performance of the applicant related to the activities for which a permit is requested, the potential for damage to state resources or liability incurred by the state, and the potential cost to the state of restoration because of activities conducted under the permit. The amount of the performance guarantee may not exceed estimated potential costs or liability, but shall not be less that $1,000. The department will not issue the commercial-use permit before the department has received the required performance guarantee from the applicant.

History

Authority: AS 41.23.410; AS 41.23.440; AS 41.23.470
Eff. 12/13/95, Register 136

11 AAC 09.330 Commercial camps

(a) A commercial enterprise wishing to establish a camp on state land in a recreation river must apply to the department for a commercial-use permit. A limited number of permits is available allowing camps for longer than four days between May 15 and August 31 of each year. Guidelines established in the management plan specify the number of permits and the general locations available.

(b) A permit is issued for the term of the actual use of a commercial camp. The permitted use may include related activities, such as storage of the disassembled camp.

(c) Each permit for longer than four days between May 15 and August 31 of each year will be available on a first-come, first-served basis until such time as the commissioner determines that the demand exceeds the supply. At that time, the department will initiate a lottery or an auction for the years following the year in which the demand exceeded the supply.

(d) A commercial camp must be located consistent with the management plan described in 11 AAC 09.005. However, a camp may not be:

(1) located in a public use site;

(2) located below ordinary high water;

(3) located within 100 feet of a waterbody or wetland;

(4) located within 300 feet of a recognized heritage site;

(5) authorized if it does not minimize evidence of human activity as seen from the river;

(6) allowed to block public easements or trails; or

(7) located within one-quarter mile of a bald eagle nest.

History

Authority: AS 41.23.400; AS 41.23.420 AS 41.23.410; AS 41.23.440
Eff. 12/13/95, Register 136

11 AAC 09.340 Reports

A holder of a commercial-use permit shall submit a written report to the department within 30 days after completing the permitted activity. The report shall summarize the activities conducted under the permit.

History

Authority: AS 41.23.400; AS 41.23.420; AS 41.23.470 AS 41.23.410; AS 41.23.440; AS 41.23.500
Eff. 12/13/95, Register 136

Article 4 Definitions

11 AAC 09.900 Definitions

In this chapter, unless the context otherwise requires:

(1) "active river channel" means a channel of a river or stream that has water flowing through it at the time of a proposed activity;

(2) "aircraft" means a device that is used or intended for flight or movement of people or goods in the air; "aircraft" does not include a hovercraft;

(3) "anchor buoy" means a float attached to the bottom of a waterbody by an anchor, line, or chain for making fast a vessel;

(4) "commissioner" means the commissioner of the Department of Natural Resources;

(5) "department" means the Alaska Department of Natural Resources;

(6) "division of insurance" means the division of insurance in the Department of Commerce, Community, and Economic Development;

(7) repealed 12/7/2002;

(8) "general permit" means a permit authorizing a specific category of uses of a generic application filed by the department on behalf of an entire category of potential users;

(9) "management plan" means the plan incorporated by reference in 11 AAC 09.005;

(10) "mining location" means a property right to a locatable mineral established by discovery, location, and filing under AS 38.05.195 or 38.05.205;

(11) "permit" means a temporary authorization under this chapter that will grant permission to do an activity without transferring a property interest;

(12) "recreation river" means all land and water including uplands and shorelands, designated under AS 41.23.500(1) - (6);

(13) "recreation river corridor" has the meaning given that term in AS 41.23.510;

(14) "recreation rivers permit" means a permit for an activity that does not appear on the list referred to in 11 AAC 09.030 and that would be authorized by a land use permit under 11 AAC 96 if the activity were on state land that is not within a recreation river;

(15) "recreation rivers system" means the state recreation rivers, including recreation river corridors, established in AS 41.23.500;

(16) "resource management camp" means a facility established for resource or recreation management, or for scientific study, by an entity such as the department, the Department of Fish and Game, the Matanuska-Susitna Borough, a non-profit group, or the University of Alaska; "resource management camp" does not include a commercial camp or mining camp;

(17) "river corridor" has the meaning given the term "recreation river corridor" in this section;

(18) "state land" has the meaning given that term in AS 38.05.965;

(19) "upland" has the meaning given that term in AS 38.05.965;

(20) "waterbody" means river, lake, or stream;

(21) "commercial recreation" has the meaning given in 11 AAC 96.250.

History

Authority: AS 41.23.440; AS 41.23.500
Eff. 12/13/95, Register 136; am 12/7/2002, Register 164

Chapter 12 Public Use

Article 1 State Park Land and Water Restrictions

11 AAC 12.010 Limitation on use of park lands and waters

Repealed 5/11/85.

11 AAC 12.020 Vehicle control

(a) No person may fail to comply with a traffic or parking control sign in a state park.

(b) No person may place or operate a vehicle beyond the boundaries established by a traffic control device placed to control or prohibit access by a vehicle in a state park.

(1) on a road or in a parking area;

(2) as authorized by the director under 11 AAC 18.010; or

(3) as otherwise provided in 11 AAC 20.

(d) An officer may impound and remove to a place of safety a vehicle (1) that is found or operated in violation of (b) or (c) of this section, or (2) that is left unattended on or along a road or parking area in a state park for more than 10 consecutive days unless advance arrangements are made with a state park officer, or (3) that is in violation of a posted parking limit.

(e) When a vehicle is impounded and removed from a highway or elsewhere at the direction of a park officer, the vehicle shall be removed to a place of safety. The owner or driver may claim the vehicle by securing a written release for it from the division or other state agency which ordered the impound. A vehicle removed or impounded may not be released to the owner, nor may the owner secure its use until the release for it is certified by the officer or agency directing its removal, and the expense for the removal and storage has been paid by the owner or driver of the vehicle.

(f) If a vehicle is stopped, parked, or left standing in violation of this section, the department considers the registered owner of the vehicle to be the violator of this section unless the registered owner proves to the satisfaction of the department that the vehicle was being used without the owner's consent at the time of the violation.

(g) For the purposes of this section, "road" or "parking area" means the travelled portion of a vehicular way or area maintained by the state for the purpose of allowing access or parking by registered highway vehicles.

(h) Notwithstanding this chapter, 11 AAC 20, and 11 AAC 21, park officers, division personnel, Department of Fish and Game personnel, peace officers, federal agency personnel, or search-and-rescue personnel operating under the direction of the director, a park officer, or a peace officer may operate a vehicle in a state park to respond to an emergency such as for search-and-rescue, law enforcement, and fire suppression.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94; am 7/1/89, Register 110; am 10/1/94, Register 131; am 11/15/2015, Register 216; am 5/5/2022, Register 242

11 AAC 12.030 Waters closed to aircraft or boats

Repealed 5/11/85.

11 AAC 12.035 Snowmobiles

(a) A person may operate a snowmobile in an area of a state park that the director has posted as open to the use of snowmobiles.

(b) The director may post all or portions of the state parks listed below as open to use of snowmobiles if the director finds that there is adequate snow depth to protect underlying vegetation and use of snowmobiles does not present a hazard to other park users and park resources:

(1) Big Lake North and South State Recreation Sites;

(2) Birch Lake State Recreation Site;

(3) Blair Lake State Recreation Area;

(4) Blueberry Lake State Recreation Site;

(5) Captain Cook State Recreation Area, within the following areas:

(A) Stormy Lake boat launch access road;

(B) Stormy Lake;

(D) the 50-foot wide corridor area adjacent to the Kenai Spur Highway;

(E) the Cook Inlet beach access road;

(6) Chena Pump State Recreation Site;

(7) Chena River State Recreation Area north of the Chena River, west of the south fork valley, and north of the east fork valley;

(8) Chugach State Park, within the following areas:

(A) the Eklutna Lake Basin from the Eklutna Lake Campground to the wilderness boundary, excluding the Twin Peaks Trail, the Bold Ridge Trail, and the East Fork of the Eklutna drainage;

(B) the designated snowmobile corridor from Peters Creek trailhead and the Peters Creek drainage up valley of the posted sign near the intersection of the snowmobile corridor with Peters Creek and down valley of the wilderness boundary within Section 19, T14N, R2E, Seward Meridian;

(C) Little Peters Creek or Ptarmigan Valley drainage and adjacent land north of Meadow Creek drainage, except for the NW 1/4 of Section 21, T15N, R1W, Seward Meridian;

(D) the Ptarmigan Valley Trail from the Old Glenn Highway to Ptarmigan Valley;

(E) the Eagle River water course and gravel bars downstream of the confluence of Icicle Creek and Eagle River located in Section 25, T13N, R1E, Seward Meridian, excluding the South Fork and Meadow Creek;

(F) the snowmobile corridors from the Eagle River Nature Center, North Fork Eagle River Access Day Use Area, and Eagle River Greenbelt Access Trailhead;

(G) the designated snowmobile corridor from Upper Huffman Trailhead to a point where the corridor intersects a straight line made between the top of False Peak and Flattop Peak, and extending from that point up valley within the South Fork Campbell Creek drainage;

(H) Bird Creek drainage downstream of the traffic control device south of the Quartz Creek ford;

(9) Clam Gulch State Recreation Area;

(10) Clearwater State Recreation Site;

(11) Denali State Park;

(12) Donnelly Creek State Recreation Site;

(13) Eagle Trail State Recreation Site;

(14) Fielding Lake State Recreation Site;

(15) Harding Lake State Recreation Area;

(16) Indian River State Recreation Area;

(17) Johnson Lake State Recreation Area;

(18) Kenai River Special Management Area, within the following areas:

(A) Kenai Lake, from December 1 through April 30 annually; and

(B) Skilak Lake, in accordance with 50 C.F.R. 36.39(i)(4), revised as of October 1, 2020 and adopted by reference;

(19) Lake Aleknagik State Recreation Site;

(20) Lake Louise State Recreation Area;

(21) Lower Chatanika State Recreation Area;

(22) Moon Lake State Recreation Site;

(23) Nancy Lake State Recreation south of the Nancy Lake Parkway;

(24) Quartz Lake State Recreation Area;

(25) Salcha River State Recreation Site;

(26) Tok River State Recreation Site;

(27) Tokositna State Recreation Area;

(28) Upper Chatanika State Recreation Site;

(29) Willow Creek State Recreation Area;

(30) Wood-Tikchik State Park; and

(31) Worthington Glacier State Recreation Site.

History

Authority: AS 41.21.020; AS 41.21.160; AS 41.21.494 AS 41.21.040; AS 41.21.167; AS 41.21.506 AS 41.21.121; AS 41.21.415; AS 41.21.950 AS 41.21.123; AS 41.21.455 AS 41.21.151; AS 41.21.475
Eff. 5/5/2022, Register 242

11 AAC 12.040 Special events

Repealed 5/11/85.

11 AAC 12.050 Refuse and waste

(a) No person may bring waste or refuse from household, commercial, industrial, or construction activities into a state park for disposal.

(b) No person may place waste or refuse in state park water, or on land or water capable of contaminating state park water.

(c) Unless it is deposited in a park waste receptacle, waste or refuse created in the course of activities in a state park must be removed from the state park by those responsible for its creation.

(d) The provisions of this section do not apply to animal waste normally discarded by hunters, trappers, or fishermen in the course of legal hunting, trapping, or fishing, except that waste must not be left within 100 feet of a trail, road, or developed facility.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.100 Vehicles

Repealed 7/1/89.

11 AAC 12.110 Motor vehicle operations

A person under 14 years of age may not operate a vehicle in a state park unless accompanied by and under the direct supervision of a parent or person 21 years of age or older. Proof of age or a state identification card shall be presented at the request of a park officer if the officer suspects that the motor vehicle operator unaccompanied by a parent or person 21 years of age or older is younger than 14 years of age.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 1/13/73, Register 44; am 5/11/85, Register 94; am 7/1/98, Register 146

11 AAC 12.115 Bicycles, fat-tire bicycles, and electric bicycles

(a) A person may ride a bicycle, a fat-tire bicycle, any class of electric bicycle, or any class of fat-tire electric bicycle on any road open to the use of automobiles or motorcycles.

(b) A person may ride a bicycle, a fat-tire bicycle, any class of electric bicycle, or any class of fat-tire electric bicycle on any trail open to the use of off-road vehicles.

(c) A person may ride a class-1 electric bicycle on any trail open to the use of bicycles unless the trail is posted as closed to electric bicycles under (g) of this section or the trail is closed to electric bicycles under 11 AAC 20 or 11 AAC 21.

(d) Notwithstanding 11 AAC 20 and 11 AAC 21, a person may ride a fat-tire bicycle in any areas open to use of bicycles and

(1) on gravel and sand beaches adjacent to waters subject to tidal influence;

(2) in any area open to the use of snowmobiles, except for Denali State Park;

(3) in Chena River State Recreation Area, from November 15 through March 31;

(4) in Chugach State Park, from November 15 through March 31 within the following areas:

(A) in the Eagle River watercourse and gravel bars downstream of the confluence of Icicle Creek and Eagle River located in Section 25, T13N, R1E, Seward Meridian, excluding the South Fork and Meadow Creek;

(B) on Eklutna Lake;

(D) Middle Fork Loop Trail; and

(E) Wolverine Bowl Ski Loop Trail; or

(5) in Denali State Park, from November 15 through March 31 on groomed snowmobile trails.

(e) If the director finds that snow depth is adequate to protect the underlying vegetation and there is no conflict with other park uses and purposes, the director may post other areas of state parks as open to the use of fat-tire bicycles.

(f) Unless the area or trail is posted as closed to electric bicycles or fat-tire electric bicycles or the area or trail is closed to electric bicycles under this section, 11 AAC 20, or 11 AAC 21, a person may ride a fat-tire class-1 electric bicycle in any area or trail open to fat-tire bicycles.

(g) The director may temporarily close a trail or area to the use of bicycles, fat-tire bicycles, electric bicycles, or fat-tire electric bicycles, to protect park lands including soils or vegetation, to reduce or eliminate user conflicts, to protect public safety, or to promote sound management of the state park. Closures under this section will be posted at entrances to the affected trail or area.

(h) A person may ride a bicycle, including a fat-tire bicycle, class-1 electric bicycle, and fat-tire class-1 electric bicycle, on trails in campgrounds and picnic areas, on asphalt trails, and on the following trails:

(1) Afognak Island State Recreation Area, on established trails and roads, unless posted as closed;

(2) Buskin River State Recreation Site, on established trails;

(3) Chena River State Recreation Area, on the following trails:

(A) Chena Dome Hiking Trail;

(B) Mastodon Trail;

(4) Chugach State Park, on the following trails:

(A) Beaver Pond Trail;

(B) Bird Creek Valley Trail System to the traffic control device south of the Quartz Creek ford;

(D) Eklutna Spillway Trail and Lakeside Loop Access Trail;

(E) Gasline Trail;

(F) Glen Alps Powerline Access Trails;

(G) Hemlock Burn Trail;

(H) Indian to Girdwood paved trail;

(I) Llama Trail;

(J) Lower Eagle River Trail;

(K) Middle Fork Loop Trail from its intersection with the Wolverine Bowl Trail to the traffic control device 0.75 miles from the intersection;

(L) Near Point Trail from its intersection with the Wolverine Bowl Trail to the traffic control device 0.45 miles from the intersection;

(M) Peters Creek Trail from Malcolm Drive to the traffic control device at Mile 5;

(N) Powerline Trail, including the access trail from the Prospect Heights Trailhead to the Powerline Trail;

(O) Rabbit Lake Trail;

(P) Shebanof Avenue Connector Trail;

(Q) Silver Fern Trail;

(R) South Fork Rim Trail;

(S) White Spruce Trail; and

(T) Wolverine Bowl Trail;

(5) Denali State Park, on the following trails:

(A) Byers Lake Loop Trail;

(B) Lower Troublesome Creek Trail, west of the Parks Highway;

(6) Matanuska Lakes State Recreation Area; use of bicycles and fat-tire bicycles is allowed on the following trails but electric bicycles and fat-tire electric bicycles are prohibited unless the director posts trails as open to use of class-1 electric bicycles and fat-tire class-1 electric bicycles after consultation with adjoining landowners:

(A) Bearberry Bluff;

(B) Campground Loop;

(D) Kepler Connector;

(E) Lakeside Trail;

(F) Long Lake Loop;

(G) Upper Road Trail;

(H) Victor Lake Loop;

(7) Nancy Lake State Recreation Area, on the following trails:

(A) Butterfly Lake Trail;

(B) Cross Park Trail;

(D) Jano Pond Loop;

(E) Lynx Lake Road;

(F) Nancy Lake public use cabin trails;

(G) Parkway Loop;

(H) Red Shirt Lake Trail;

(I) Rhein Lake Loop;

(8) Perseverance State Trail, from the trailhead to Silverbow Basin, excluding the Mt. Juneau and Granite Creek Trail branches.

History

Authority: AS 41.21.020; AS 41.21.165; AS 41.21.435 AS 41.21.040; AS 41.21.172; AS 41.21.440 AS 41.21.111; AS 41.21.176; AS 41.21.455 AS 41.21.112; AS 41.21.180; AS 41.21.460 AS 41.21.121; AS 41.21.183; AS 41.21.475 AS 41.21.123; AS 41.21.186; AS 41.21.490 AS 41.21.131; AS 41.21.187; AS 41.21.491 AS 41.21.132; AS 41.21.188; AS 41.21.494 AS 41.21.140; AS 41.21.191; AS 41.21.500 AS 41.21.151; AS 41.21.193; AS 41.21.504 AS 41.21.153; AS 41.21.415; AS 41.21.950 AS 41.21.161; AS 41.21.420
Eff. 5/5/2022, Register 242

11 AAC 12.120 Horses

No person may ride, drive, lead, or otherwise use a horse, mule, or burro in a state park, except as provided under 11 AAC 20.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.130 Pets

(a) Except as provided in this subsection for a person permitted to occupy a public use cabin under 11 AAC 12.245, a person may not have a dog or other pet in a developed facility of a state park unless the dog or other pet is on a leash not exceeding nine feet in length, and is under control by a person at all times. A person permitted to occupy a public use cabin under 11 AAC 12.245 may have a dog or other pet off a leash within 300 feet of that cabin, if the dog or other pet is under control by that person at all times. The director may require leash control in, or prohibit dogs and other pets from, areas or buildings in a state park for the purposes of controlling noise, public safety, or sanitation.

(b) No person may have a dog or other pet that creates excessive noise, a public safety hazard, or unsanitary conditions in a developed facility of a state park.

(d) A state park officer may seize a dog or other pet running at large in a state park and may destroy the dog or other pet if it is mad, vicious, or harassing wildlife.

(e) A person may not have a pet in an undeveloped area of a park where leash control is not required unless that pet is under control by that person at all times.

History

Authority: AS 03.55.010; AS 03.55.030; AS 41.21.040 AS 03.55.020; AS 41.21.020; AS 41.21.955
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 2/3/88, Register 105; am 1/16/2005, Register 173; am 8/19/2009, Register 191

11 AAC 12.140 Construction of structures

No person may construct or maintain a dock, cabin, home, building, or other structure in a state park, unless authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.150 Construction of signs

No person may construct or display a sign in a state park, with the exception of a state regulatory marker placed by an authorized state employee, unless authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.160 Assembly

No person may organize or conduct an assembly of more than 20 people in a state park, unless authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.170 Disturbance of natural objects

(a) No person may disturb, damage, deface, or remove natural objects including trees, plants, moss, rocks, gravel, or minerals, unless authorized by this section or by the director under 11 AAC 18.010.

(b) A person may gather berries, fruits, mushrooms, and similar edibles for personal consumption, but not for sale or distribution.

(d) No person may gather dead or burnt wood for personal use off of state park land, unless authorized by the director under 11 AAC 18.010.

(e) A person may disturb natural objects in a manner which is reasonable and customary while setting traps while lawfully trapping.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.175 Cultural, archaeological, and historical material

No person may disturb or remove cultural, archaeological, or historical material from a state park, unless authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.950 AS 41.21.040; AS 41.35.200
Eff. 5/11/85, Register 94

11 AAC 12.180 Fires

In a state park, all fires must be in a portable campstove or confined to a structure provided by the division for fires, except as authorized by the director under 11 AAC 18.010 or as otherwise provided by 11 AAC 20.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.190 Firearms and other weapons

(a) A person may not discharge a weapon within a state park except as provided by this section, AS 41.21, 11 AAC 20, or 11 AAC 21.

(b) A person may discharge a weapon within a shooting range established by the director, subject to the rules posted for that shooting range.

(c) A certified bowhunter may discharge a bow and arrow in a state park in an area otherwise closed to the discharge of weapons for the purpose of lawful hunting except that a person may not discharge a bow and arrow within 300 feet of a developed facility, within the areas specified in (d)(2) - (7) of this section, or as otherwise provided by AS 41.21, 11 AAC 20, or 11 AAC 21.

(d) Notwithstanding (c) of this section, a person may discharge a weapon in a state park for the purpose of lawful hunting or trapping, except that a person may not discharge a weapon in a state park as follows:

(1) within one-quarter mile of a developed facility or as otherwise provided by this section, AS 41.21, 11 AAC 20, or 11 AAC 21;

(2) in Chilkoot State Trail;

(3) in Chugach State Park within one-half mile of the Seward Highway;

(4) in Chugach State Park within the following drainages:

(A) Eklutna River excluding the east fork of Eklutna River and Thunderbird Creek above Thunderbird Falls;

(B) Eagle River and all tributary drainages downstream from the confluence of Icicle Creek and Eagle River located in Section 25, T13N, R1E, Seward Meridian;

(D) Rabbit Creek;

(E) McHugh Creek; and

(F) Rainbow Creek;

(5) in Denali State Park within one-quarter mile south or east of the Parks Highway or within one-half mile of the trail around Byers Lake;

(6) in the Kenai River Special Management Area below Skilak Lake except that a person may, for the purpose of lawful waterfowl hunting, discharge a shotgun below Skilak Lake from September 1 through April 30;

(7) in the Kenai River Special Management Area between Kenai Lake and Skilak Lake.

History

Authority: AS 41.21.020; AS 41.21.170; AS 41.21.435 AS 41.21.022; AS 41.21.174; AS 41.21.455 AS 41.21.040; AS 41.21.176; AS 41.21.490 AS 41.21.112; AS 41.21.181; AS 41.21.494 AS 41.21.122; AS 41.21.183; AS 41.21.506 AS 41.21.123; AS 41.21.185; AS 41.21.610 AS 41.21.130; AS 41.21.188; AS 41.21.616 AS 41.21.151; AS 41.21.300; AS 41.21.618 AS 41.21.160; AS 41.21.302; AS 41.21.950 AS 41.21.167; AS 41.21.415
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 7/18/73, Register 47; am 10/6/83, Register 87; am 5/11/85, Register 94; am 5/5/2022, Register 242

11 AAC 12.195 Public Use

11 AAC 12.195. Explosives.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 7/19/73, Register 47; am 10/6/83, Register 87; am 5/11/85, Register 94; am 4/20/2002, Register 162

11 AAC 12.195 Public Use

11 AAC 12.195, regarding explosives, was formerly part of 11 AAC 12.190. The history of 11 AAC 12.190 is reflected in the history note for 11 AAC 12.195. A person may not discharge an explosive, gas operated explosive device, or similar device in a state park, except as authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 7/19/73, Register 47; am 10/6/83, Register 87; am 5/11/85, Register 94; am 4/20/2002, Register 162

11 AAC 12.197 Public Use

11 AAC 12.197. Fireworks. A person may not discharge a firework in a state park, except as authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 4/20/2002, Register 162

11 AAC 12.200 Public Use

11 AAC 12.200. Underwater diving safety. A person engaged in underwater diving in a state park shall place a flagged buoy in the water. The flag must be red with one white diagonal stripe and large enough to be identifiable at 100 yards.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.210 Public Use

11 AAC 12.210. Limitation as to numbers. The number of vehicles and persons occupying a campsite unit may be limited by a local park officer for the preservation of the site and safety of the campers.

History

Authority: AS 41.21.020
Eff. 8/1/68, Register 27; am 1/13/73, Register 44

11 AAC 12.220 Public Use

11 AAC 12.220. Unattended camps and equipment. (a) Within a developed campground, a person may not leave a campsite unoccupied the first night after camping equipment is set up or a vehicle is parked in the campsite, or on each subsequent night, unless advance arrangements have been made with a state park officer. Camping equipment or a vehicle left unattended for a period of 48 hours at a campsite may be impounded, unless advance arrangements have been made with a state park officer. (b) A person may not leave camping equipment or a vehicle in an undeveloped area of a state park for more than 72 hours unless the person is primarily engaged in recreation activities on a daily basis in the state park in which the camping equipment or vehicle is located or on public land adjacent to the state park. Unless advance arrangements are made with a state park officer, camping equipment or a vehicle left in a state park in an undeveloped area for more than 72 hours may be impounded by a state park officer if the officer determines the owner is not engaged in recreational activities in a state park or on public land adjacent to a state park.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 1/13/73, Register 44; am 5/11/85, Register 94; am 2/3/88, Register 105; am 5/24/96, Register 138; am 4/20/2002, Register 162

11 AAC 12.230 Public Use

11 AAC 12.230. Camping and boating. (a) In a developed campground, a person may camp only at a developed campsite or in a designated camping space. A person may not camp within one-half mile of a developed campground or within one-half mile of a road in a state park, except as authorized by the director under 11 AAC 18.010, or as otherwise provided in 11 AAC 20. (b) A person may not camp in a developed campground for more than 15 consecutive days in a calendar year, unless authorized by the director under 11 AAC 18.010. If the director determines that a campground in a state park may be damaged or is subject to unusual demand, the director may limit camping at that campground to a period of less than 15 days. The division shall post notice of a time limit of less than 15 days in the campground. (c) After a vehicle or camping equipment has occupied a campground or campsite in a state park for the posted time limit or for 15 consecutive days, whichever is less, the vehicle or camping equipment must be removed from the state park and may not be returned to the state park for a period of 15 consecutive days. (d) The director may post campground rules to limit certain activities, or hours of activity, in established campgrounds for the purpose of preserving the public peace, safety, comfort, and convenience. (e) Every day that a person remains in a developed campground over the camping limitation constitutes a separate offense. (f) In a sleeping area or campground of a state park between the hours of 11:00 p.m. and 6:00 a.m. daily or as otherwise posted, a person may not disturb other campers by making excessively loud noises or by the use of a motorized generator, radio, television, or stereo equipment, or any other machinery or device. (g) An annual day use parking pass decal, issued upon payment of the fee required by 11 AAC 05.170(b)(8) must be permanently affixed in plain view in the lower driver's side corner of a motor vehicle's windshield. (h) A person may not camp in an area of a state park where a sign prohibits that use. (i) An annual boat launching pass decal, issued upon payment of the fee required by 11 AAC 05.170(b)(4), must be permanently affixed in plain view to the left side of the boat trailer tongue, approximately one foot back from the hitch assembly. (j) Within a developed campground, a person may not leave food or a food container unattended outside a vehicle or in a place or manner reasonably accessible by bears. A state park officer may impound food or food containers left unattended outside a vehicle or in a place or manner reasonably accessible by bears. (k) A campsite must be vacated by 12 p.m. (noon), local time, unless the campsite fee for an additional 24 hour occupancy has been paid. (l) A person may not camp at the same location in an undeveloped area of a state park for more than 10 days in a calendar year, except as authorized by the director under 11 AAC 18.010. After a person has camped for up to 10 days at the same location in an undeveloped area of a state park, all camping equipment must be removed from that location and may not be set up or used again within one mile of that location during that calendar year. A day of camping begins at 12:00 p.m. and ends at 11:59 a.m. the next day. (m) A person may not camp, pitch a tent, or stay overnight within 300 feet of a public use cabin, except as authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94; am 7/1/89, Register 110; am 5/24/96, Register 138; am 4/20/2002, Register 162; am 12/20/2002, Register 164; am 1/16/2005, Register 173; am 7/1/2018, Register 227; am 5/5/2022, Register 242

11 AAC 12.235 Public Use

11 AAC 12.235. Anchoring and mooring. (a) A person may not anchor or moor a boat or floating structure on saltwater in a state park for more than 30 days per calendar year, except as authorized by the director under this section, 11 AAC 18.010, or as otherwise provided in 11 AAC 20. If the director determines that an anchorage or moorage may be damaged or is subject to unusual demand, the director may limit anchoring or mooring in that area to a period 30 days or less per year as necessary to address those situations. The division shall post signs and notices of a time limit of less than 30 days at local harbors, boat launches, and on nearby shores. (b) A person may not anchor or moor a boat or floating structure on saltwater in a state park where a sign prohibits such use. (c) A person may not leave an anchored or moored boat or floating structure unattended on saltwater in a state park for more than 72 hours unless the person is primarily engaged in recreational activities on a daily basis within the state park or on public land adjacent to the state park where the boat or floating structure is anchored or moored. Unless advance arrangements are made with a state park officer, a boat or floating structure left unattended at anchor or moored to a buoy or shore in a state park for more than 72 hours may be impounded by a state park officer if the officer determines the owner is not engaged in recreational activities in a state park or on public land adjacent to a state park.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 5/18/97, Register 142

11 AAC 12.240 Public Use

11 AAC 12.240. Vandalism. No person may damage, deface, destroy or remove natural resources, property, facilities, or signs located in a state park unit.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 5/11/85, Register 94; am 12/25/91, Register 120

11 AAC 12.245 Public Use

11 AAC 12.245. Reserved facilities and sites. No person may use or occupy a public use cabin, park facility or building, visitor center, historic building, shelter, group picnic or activity area in a state park unit which is managed by the division on a reservation and fee payment basis without first having obtained a reservation and received a permit. Each day a person remains in a state park unit in violation of this section constitutes a separate offense.

History

Authority: AS 41.21.020; AS 41.21.026; AS 41.21.040
Eff. 5/11/85, Register 94; am 1/28/88, Register 105; am 12/25/91, Register 120

11 AAC 12.250 Public Use

11 AAC 12.250. Fee enforcement. (a) No person may use a state park system facility for which a fee is charged under 11 AAC 05.170 without first paying the fee and displaying the fee receipt as directed by department personnel. (b) If a fee is charged under 11 AAC 05.170 for the use of a developed campsite, a sewage holding tank dump station, an improved boat ramp, or parking at a developed facility, but either the fee has not been paid or the fee receipt is not properly displayed, the department will consider the violator of (a) of this section to be the registered owner of the vehicle using the dump station or boat ramp or parked at the developed campsite or other developed facility, as applicable, unless the registered owner proves, to the satisfaction of the department, that the vehicle was being used without the owner's consent at the time of the violation.

History

Authority: AS 41.21.020; AS 41.21.026
Eff. 1/28/88, Register 105; am 10/1/94, Register 131; am 7/1/2018, Register 227

Article 2 General Provisions

11 AAC 12.300 Public Use

11 AAC 12.300. Commercial activities. No person may engage in a commercial activity in a state park without a permit issued under 11 AAC 18, except for (1) lawful commercial fishing operations conducted aboard vessels operating in saltwater and not using stationary gear or dredges; (2) commercial operators under a concession contract issued under AS 41.21.027; or (3) as otherwise provided by AS 23.15.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94; am 7/1/89, Register 110

11 AAC 12.310 Public Use

11 AAC 12.310. Fees. Repealed 1/1/86.

11 AAC 12.320 Public Use

11 AAC 12.320. Fishing, hunting and trapping. Repealed 7/19/73.

11 AAC 12.330 Public Use

11 AAC 12.330. Transfer to local agencies. Repealed 12/25/91.

11 AAC 12.335 Public Use

11 AAC 12.335. Closures and use management. (a) Upon a determination that the action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, aid to scientific research, implementation of management responsibilities, equitable allocation and use of facilities, or the avoidance of conflict among visitor use activities, the director may (1) establish, for all or a portion of a park, a reasonable schedule of visiting hours, impose public use limits, or close all or a portion of a park to all public use or to a specific use or activity; (2) designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity; or (3) terminate a restriction, limit, closure, designation, condition, or visiting hour restriction imposed under (1) or (2) of this subsection. (b) A closure, designation, use or activity restriction or condition, or the termination or relaxation of one, which is of a nature, magnitude and duration that will result in a significant alteration in the public use pattern of the park area, will adversely affect the park's natural, aesthetic, scenic, or cultural values, or will require a long-term or significant modification in the resource management objectives of the unit, must be adopted as a regulation. (c) Except in emergency situations, before implementing or terminating a restriction, condition, public use limit, or closure, the director shall prepare a written determination justifying the action. That determination must set out the reasons the restriction, condition, public use limit, or closure authorized under (a) of this section has been established, and an explanation of why less restrictive measures will not suffice, or, in the case of a termination of a restriction, condition, public use limit, or closure previously established under paragraph (a) of this section, a determination why the restriction is no longer necessary and a finding that the termination will not adversely impact park resources. This determination will be available to the public upon request. (d) To implement a public use limit, the director may establish a permit, registration, or reservation system. Permits must be issued in accordance with the criteria and procedures of 11 AAC 18. (e) No person may violate a closure, designation, use or activity restriction or condition, schedule of visiting hours, or public use limit. When a permit is used to implement a public use limit, violation of the terms and conditions of the permit is prohibited and may result in the suspension or revocation of the permit.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94

11 AAC 12.336 Public Use

11 AAC 12.336. Petitions for closures and use management. (a) A person may petition the director to take an action effecting a park closure or public use limit under 11 AAC 12.335(a), (b), or (c). (b) A petition must be in writing and must clearly state the substance of and reasons for the request. (c) The director shall, within 30 days, respond in writing to a petition made under this section.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 12.337 Public Use

11 AAC 12.337. Public notice of closures and use management. (a) Whenever the authority of 11 AAC 12.335 is invoked, the public must be notified by one or more of the following methods: (1) signs posted at conspicuous locations, such as normal points of entry of the affected park; (2) maps available in the office of the director and other places convenient to the public; (3) publication in a newspaper of general circulation in the affected area; or (4) other appropriate methods, such as the removal of closure signs, use of electronic media, park brochures, maps, and handouts. (b) In addition to the above-described notification procedures, the director shall compile in writing all the designations, closures, permit requirements and other restrictions imposed under discretionary authority. This compilation must be updated annually and made available to the public upon request.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 12.338 Public Use

11 AAC 12.338. Alaska Chilkat Bald Eagle Preserve. Nothing in 11 AAC 12 is intended to restrict traditional uses of the Alaska Chilkat Bald Eagle Preserve.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.618
Eff. 5/11/85, Register 94

11 AAC 12.340 Public Use

11 AAC 12.340. Definitions. Repealed.

History

Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94; am 8/10/86, Register 99; am 2/3/88, Register 105; am 7/1/89, Register 110; am 12/25/91, Register 120; am 4/20/2002, Register 162; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

11 AAC 12.990 Public Use

11 AAC 12.990. Definitions. In this chapter, (1) "aircraft" means a motorized device that is used or intended for flight or movement of people or goods in the air; (2) "assembly" means the gathering or meeting of a group of people for a common purpose; (3) "bicycle" means a vehicle, with a saddle or seat for the rider, propelled exclusively by human power upon which a person may ride, having one, two, or three wheels in contact with the ground; (4) "boat" or "vessel" (A) means a device that is used or designed to be used for the movement of people or goods in or on the water whether manually or mechanically propelled; (B) does not include personal flotation device or other float such as an inner tube, air mattress, or surfboard; (5) "camp" or "camping" means to use a vehicle, tent, or shelter, or to arrange bedding, or both, with the intent to stay overnight in a park; (6) "campground" means an area, developed and maintained by the division, that contains one or more campsites; (7) "campsite" means any space designated by the division for camping within a campground; (8) "certified bowhunter" means a hunter that has successfully completed a Department of Fish and Game approved bowhunter education course before hunting; (9) "commercial activity" means the sale of, delivery of, or soliciting to provide, goods, wares, edibles, or services in exchange for valuable consideration through barter, trade, or other commercial means; a service offered in conjunction with another sale of goods, wares, edibles, or services, which service involves the use of state park land or water, is a commercial activity whether or not it is incidental to, advertised with, or specifically offered in the original sale; all guide, outfitter, and transportation services are commercial activities if any payment or valuable consideration through barter, trade, cash, or other commercial means is required, expected, or received beyond the normal and customary equally shared costs for food and fuel for any portion of the stay in the park; (10) "commercial fishing" has the meaning given in AS 16.05.940; (11) "developed facility" (A) includes a building, boat ramp, campground, picnic area, rest area, visitor information center, swim beach, trailhead, parking area, and developed ski area; (B) does not include trails or latrines more than one quarter mile from a road; (12) "director" means the director of the division, or the director's authorized agent; (13) "division" means the Division of Parks and Outdoor Recreation, Department of Natural Resources; (14) "drainage" means the area drained by a river system; (15) "electric bicycle" means a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts that meets the requirements of one of the following three classes: (A) "class-I electric bicycle" means an electric bicycle equipped with a motor of less than 500 watts that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; (B) "class-2 electric bicycle" means an electric bicycle equipped with a motor that may be used to propel the bicycle regardless of whether the rider is pedaling, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; (C) "class-3 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; (16) "explosive" (A) means a chemical compound, mixture, or device, including dynamite, blasting powder, nitroglycerin, blasting caps, or nitrojelly, that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat; (B) does not include salable fireworks within the meaning given in AS 18.72.100; (17) "fat-tire bicycle" means a bicycle equipped with tires at least three inches wide with a tire pressure of less than 15 pounds per square inch (PSI); (18) "fat-tire electric bicycle" means an electric bicycle that meets the requirements of a fat-tire bicycle; fat tire electric bicycles have the same classes as an electric bicycle under this subsection; (19) "firearm" includes a pistol, rifle, shotgun, revolver, mechanical, gas, or air-operated gun; (20) "firework" means an explosive device or combustible material used to produce lights, smoke, or noise for entertainment; (21) "ground pressure" means the total pressure exerted by all surfaces of a vehicle upon the ground, and is calculated by dividing the gross vehicle weight by the total area of all surfaces that are normally in direct contact with the ground while the vehicle is in motion; (22) "guide services" include (A) operating a vehicle to provide transportation for any recreational activity, including hunting, fishing, hiking, skiing, mountaineering, photography, rafting, kayaking, canoeing, and flying; (B) supplying equipment and personal instruction for its use while in a park; (C) baiting hooks, netting or cleaning fish, or assisting with rod-and-reel operation; (D) providing the services of a professional sport fishing guide; (E) cooking meals while in transit; (F) assisting in the taking of wildlife; (G) providing professional guide services; (H) leading; (I) teaching; (J) training; (K) supervising; (L) protecting; or (M) choosing routes, paths, and recreation use methods; (23) "natural resources" means any plants, trees, minerals, water, or land of a state park unit that offer habitat, scenic, aesthetic, or economic value, and that are managed by the division; (24) "off-road vehicle" means a motorized vehicle, not including snowmobiles, that (A) is designed or adapted for cross-country operation over irregular terrain; (B) consists of more than one drive wheel or track; (C) has a gross vehicle weight less than 1,500 pounds or that exerts less than eight pounds per square inch (PSI) ground pressure; and (D) is 64 inches wide or less; (25) "park officer" means a peace officer authorized by the commissioner under AS 41.21.955(a), whose duties include responsibility for management, protection, and maintenance of a state park or state park facilities and enforcement of state laws and regulations; (26) "permit" has the meaning given in 11 AAC 18.990; (27) "professional guide services" means guide services offered or supplied by any person to another person with the intent of receiving valuable consideration through barter, trade, or other commercial means, by accompanying and directing that person's activities for any portion of a trip or activity in a state park; (28) "service dog" means a dog specifically trained to aid persons with disabilities; (29) "snowmobile" means a self-propelled vehicle that (A) is primarily designed or altered for travel on snow or ice; (B) has a curb weight of not more than 1,500 pounds; (C) is not more than 72 inches wide; and (D) is supported in part by skis, belts, or cleats; (30) "sport fishing guide" means a person who provides guide services to another person in pursuit of catching or taking fish, or the experience associated with attempting to catch or take fish; (31) "state park" means any land or water managed by the division; (32) "state park unit" means an individual or group of facilities, structures, or natural resources and lands that are managed by the division; (33) "stationary gear" (A) means all fishing gear left in park waters in contact with tideland, submerged land, or upland for more than 24 hours at a time; (B) does not include legal fishing pots; (34) "structure" (A) means something constructed or built in, or transported to, a state park unit, including a dock, cabin, floatcamp, building, shanty, or facility used for residential or commercial purposes; (B) does not include a vessel with overnight berthing whose primary use is not as a domicile, but for commercial or sport fishing, general recreational boating, or transportation; (35) "traffic control device" means any physical barrier, including a boulder, ditch, berm, railing, fence, post, gate, sign, or other indicator used by the division or division's contractor to designate a traffic pattern or road use restriction; (36) "vehicle" (A) means any device for carrying persons or objects over land, over water, or through the air, including automobiles, motorcycles, snowmobiles, bicycles, electric bicycles, fat-tire bicycles, fat-tire electric bicycles, off-road vehicles, motorized boats, and aircraft; (B) does not include non-motorized boats, canoes, kayaks, rafts, sailboards, hang gliders, gliders, or parasails; (37) "weapon" includes a bow and arrow, slingshot, crossbow, or firearm.

History

Authority: AS 41.21.020; AS 41.21.180; AS 41.21.460 AS 41.21.022; AS 41.21.183; AS 41.21.466 AS 41.21.040; AS 41.21.185; AS 41.21.470 AS 41.21.112; AS 41.21.187; AS 41.21.475 AS 41.21.123; AS 41.21.188; AS 41.21.490 AS 41.21.132; AS 41.21.190; AS 41.21.491 AS 41.21.140; AS 41.21.193; AS 41.21.492 AS 41.21.150; AS 41.21.300; AS 41.21.494 AS 41.21.153; AS 41.21.306; AS 41.21.502 AS 41.21.162; AS 41.21.410; AS 41.21.504 AS 41.21.165; AS 41.21.420; AS 41.21.514 AS 41.21.167; AS 41.21.430; AS 41.21.856 AS 41.21.174; AS 41.21.440; AS 41.21.950 AS 41.21.176; AS 41.21.450; AS 41.21.990
Eff. 5/5/2022, Register 242

Chapter 15 Trails and Footpaths Grant Program

Article 1 Jurisdiction and Procedure

11 AAC 15.010 Jurisdiction

The division of parks will administer the trails and footpaths grant program established by AS 41.21.864.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.864
Eff. 3/12/76, Register 57

11 AAC 15.020 Qualification

Applicants eligible under AS 41.21.864 may establish qualification for grants under this program by adopting a comprehensive trail plan that includes

(1) evidence of the applicant's legal authority to participate in the grant program and to operate and maintain recreation facilities;

(2) a summary of all trails needed during the coming five-year period, a forecast of all funding needs, and a ranking of projects described in the order of the applicant's priorities;

(3) a five-year schedule of trail acquisition, development, and maintenance, which reflects priorities based on need and considers the extent of funding available under other federal, state, and local aid programs and donations of rights-of-way, easements, and volunteer labor;

(4) evidence of citizen input in the preparation of the applicant's comprehensive trail plan;

(5) evidence of coordination between this plan and the long-range program for local service roads and trails required by AS 19.30.141 and AS 41.21.850 - 41.21.860;

(6) evidence of approval of this plan by the state clearinghouse in the office of the governor; and,

(7) for each trail for which a grant is being sought

(A) name and termini of trail;

(B) purpose of the trail and type of use it will receive by season;

(C) estimated cost for acquisition of land or rights-of-way over land, development of the trail and related facilities such as signs, bridges, and shelters, and maintenance of the trail and trail-related facilities.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.864
Eff. 3/12/76, Register 57

11 AAC 15.030 Application

(a) Eligible applicants may submit request for grants authorized by AS 41.21.864 by letter to the director, including the information required by 11 AAC 15.020 for the trail project proposed, the date the project is to begin and an estimated completion date, and accompanied by

(1) an assessment of the environmental impact of the project and an explanation of how any outstanding rights or interests, referred to in (6) of this subsection, are to be dealt with to assure that the outdoor recreation interests and the environment will not be adversely affected significantly;

(2) a topographic map or an aerial photograph at a scale no smaller than one inch to the mile showing the trail proposed;

(3) a legal description of the right-of-way to be acquired or developed;

(4) when the applicant holds less than fee title, copies of leases, easements, special use permits, or other appropriate documents;

(5) a list of all outstanding rights or interests held by others in the property to be developed;

(6) for acquisition projects, indicate compliance with P.L. 91-646.

(b) Within 30 days after receipt of an application, the director will notify the applicant of

(1) receipt of the application;

(2) any additional documentation required.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.864
Eff. 3/12/76, Register 57

11 AAC 15.040 Allocation of funds

(a) An allocation committee is established consisting of the director, the lieutenant governor or his designee, and three individuals appointed by the lieutenant governor or his designee, from nominations submitted by local parks and recreation councils.

(b) The director will convene the allocation committee at least once each year to consider granting of funds available for the purposes of AS 41.21.864. The director will notify applicants of the committee's grants within 30 days after the committee meeting.

(c) The members of the committee serve without compensation but are entitled to per diem and travel expenses authorized by law for other boards and commissions.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.864
Eff. 3/12/76, Register 57

11 AAC 15.050 Project agreement

After receiving notice that the allocation committee has allocated funds to a project, and before any funds will be made available to the applicant, the applicant must enter into a legally binding contract with the state, executed on behalf of the state by the director, in which the applicant agrees to carry out the work proposed in the project application and to comply with all applicable state and federal laws, and the state agrees to reimburse the applicant for eligible project costs as defined in 11 AAC 15.100 after the project is completed, inspected, audited, and approved by the director.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.864
Eff. 3/12/76, Register 57

Article 2 General Provisions

11 AAC 15.100 Definitions

In this chapter

(1) "director" means the director of the division of parks;

(2) "eligible costs" means costs, excluding donated labor and material

(A) that are incurred within the project period specified in the project agreement;

(B) that conform to the limitations of Federal Management Circular 74-4, "Cost Principles Applicable to Grants and Contracts with State and Local Governments";

(3) "grant" means state financial assistance for all or a part of the eligible costs involved in acquisition or development of trails and footpaths;

(4) "P.L. 91-646" means the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.864
Eff. 3/12/76, Register 57

Chapter 16 Historic, Prehistoric and Archaeological Resources

Article 1 Procedure

11 AAC 16.010 Jurisdiction

The division of parks shall administer the historic, prehistoric, and archaeological resources of the state.

History

Authority: AS 41.21.040; AS 41.35.050
Eff. 1/13/73, Register 44

11 AAC 16.020 Title to collected items

(a) Each item collected from lands owned or controlled by the state is the property of the state and shall be registered with the division.

(b) An item may be removed from the state in accordance with a permit from the director. The repository of the item is subject to his restrictions. The director may require the items to be returned to the state upon giving 60 days' notice.

History

Authority: AS 41.21.040; AS 41.35.020; AS 41.35.050
Eff. 1/13/73, Register 44

11 AAC 16.030 Investigation and collection permits

(a) A person qualified under 11 AAC 16.040 may apply to the director upon an application form provided by him for a permit to investigate or collect historic, prehistoric or archaeological resources of the state.

(b) After consultation with the state archaeologist the director may issue a permit to a qualified person for investigation, excavation, gathering and removal from the natural state of historic, prehistoric or archaeological resources of the state.

(c) A permit designating a large area for general investigation may not exclude other permittees from the area. A permit for a well-defined small site may exclude all other persons from the site, in which case the first qualified applicant shall be the permittee.

(d) A person issued a permit under this section may not begin work prior to obtaining the consent of any other state or other agency or private owner having control over the area or site which is the subject of the permit.

(e) A permittee operating on state land shall comply with the Miscellaneous Land Use Regulations, 11 AAC 96.

History

Authority: AS 41.21.040; AS 41.35.050; AS 41.35.080
Eff. 1/13/73, Register 44

11 AAC 16.040 Qualified person

A permit may be issued under 11 AAC 16.030 to

(1) the Alaska State Museum, an accredited university, an accredited museum, and such foreign institutions or museums as meet the standards of the respective accrediting services when the site work by the Alaska State Museum, university, museum or foreign institution or museum is supervised or conducted by a person qualified under (2) of this section;

(2) an individual person who has

(A) a college degree equivalent to a B.A. or B.S. in history or anthropology with specialization in archaeology; and

(B) a minimum of six months of field work in archaeology.

History

Authority: AS 41.35.050; AS 41.35.080
Eff. 1/13/73, Register 44

11 AAC 16.050 Reports

The permittee shall provide the director with a preliminary report within six months after September 1 of each year in which the permit is valid and within six months after completion of the work under the permit. The report shall designate in detail

(1) extent of activities;

(2) scope of work undertaken;

(3) nature and extent of collection;

(4) plans for analysis and study of collection; and

(5) reason for any continued site work.

History

Authority: AS 41.21.040; AS 41.35.050; AS 41.35.080
Eff. 1/13/73, Register 44

11 AAC 16.060 Restoration of area

(a) Each permittee shall restore, to a condition satisfactory to the director, each site or area which has been excavated.

(b) As a condition to the issuance of the permit the director may require the permittee to file with the division a performance bond to insure the restoration of the excavation site.

History

Authority: AS 41.21.040; AS 41.35.050; AS 41.35.080
Eff. 8/1/68, Register 27; am 1/13/73, Register 44

11 AAC 16.070 Permit restrictions

(a) A permit is not valid for a period longer than three years and may be extended for a period not longer than three years if the permittee complies with the provisions of this chapter.

(b) The permit is forfeited if the permittee fails to begin work in the area or site within three months of its effective date or fails to comply with the provisions of this chapter.

History

Authority: AS 41.35.050; AS 41.35.080
Eff. 8/1/68, Register 27; am 1/13/73, Register 44

11 AAC 16.080 Cancellation of permits

A permit may be terminated by the director if he determines that the termination is in the best interest of the state or is necessary to preserve the health, safety and welfare of the site workers or the public.

History

Authority: AS 41.21.040; AS 41.35.050; AS 41.35.080
Eff. 8/1/68, Register 27; am 1/13/73, Register 44

11 AAC 16.090 Examination of site

A state official designated by the director may enter upon an investigation, collection, or excavation site at any time. The state official may review and examine any investigation, collected item, or excavation.

History

Authority: AS 41.21.040; AS 41.35.050
Eff. 8/1/68, Register 27; am 1/13/73, Register 44

11 AAC 16.100 Maintenance of privately owned sites

(a) Payment of up to 50 percent of the maintenance costs of privately owned historic sites or monuments recommended by the Historic Site Advisory Committee and designated by the governor as an Alaska Landmark may be made by the state, provided the owner agrees to keep the facility available to the public, and further conditioned upon continued operation and maintenance in accord with these regulations and in a manner acceptable to the director. Application for support of privately owned state monuments or historic sites shall be made on a form provided by the director.

(b) Payment of any grant authorized under this section shall be on a reimbursable basis subject to legislative appropriation. The grantee shall be required to itemize operation and maintenance expenses for the period covered by the grant as specified in the grant agreement.

History

Authority: AS 41.21.040; AS 41.35.040; AS 41.35.050
Eff. 8/1/68, Register 27; am 1/13/73, Register 44

11 AAC 16.110 Administrative responsibility

The division of parks administers the historic sites and monuments program established under AS 41.35.030 and named the Alaska Landmark Program.

History

Authority: AS 41.21.040; AS 41.35.050
Eff. 11/19/76, Register 60

11 AAC 16.120 Eligibility

Privately owned state monuments or historic sites are eligible for funding under the Alaska Landmark Grant Program if

(1) the property is entered in the National Register of Historic Places;

(2) written consent of the owner has been received for nomination to the Alaska Landmark list;

(3) the Historic Sites Advisory Committee has recommended the governor declare by public order the property be officially designated a landmark;

(4) the governor has declared by public order the particular property to be an Alaska Landmark; and

(5) the owner agrees in writing that the property will be kept accessible to the general public.

History

Authority: AS 41.21.040; AS 41.35.050
Eff. 11/19/76, Register 60

11 AAC 16.130 Application

Any person or political subdivision of the state may apply by

(1) providing evidence of approval by the State Clearinghouse in the Office of the Governor;

(2) for each site, structure or object for which a grant is being sought, provide by letter to the director the information in 11 AAC 16.120 and paragraph (1) of this section, the name of the proposed project, the date of the proposed project beginning and the estimated completion date accompanied by

(A) a cost estimate for the project;

(B) a description of the project;

(D) any historic, architectural, archaeological or other expert advice or service solicited and considered when planning the project; and

(E) a legal description of the property to be developed, the description to include

(i) a listing of all outstanding rights or interests held by others in the property to be developed; and

(ii) evidence of compliance with P.L. 91-646, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

History

Authority: AS 41.21.040; AS 41.35.050
Eff. 11/19/76, Register 60

11 AAC 16.140 Allocation of funds

The Historic Sites Advisory Committee will convene at least twice each year to consider the granting of funds for the purposes of AS 41.35.040. The director will notify applicants of the committee's grant allocations within 30 days of the committee meeting.

History

Authority: AS 41.21.040; AS 41.35.050
Eff. 11/19/76, Register 60

11 AAC 16.150 Definitions

Relocated.

11 AAC 16.160 Project agreement

After receiving notice that the Historic Sites Advisory Committee has allocated funds to a project, the grant is conditional upon the applicant entering into a specifically enforceable contract with the state, executed on behalf of the state by the director, in which the applicant agrees to carry out the work proposed in the project application, to grant an appropriate historic preservation easement to the State of Alaska, and to comply with all applicable state and federal laws, and in which the state agrees to reimburse the applicant for eligible project costs after the project is completed, inspected, and audited and approved by the director.

History

Authority: AS 41.21.040; AS 41.35.050
Eff. 11/19/76, Register 60

Article 2 National Register of Historic Places

11 AAC 16.210 Administration

The division of parks will administer state participation in the National Register of Historic Places program established by the National Historic Preservation Act of 1966.

History

Authority: AS 41.21.040; AS 41.35.050; AS 41.35.180
Eff. 8/6/77, Register 63

11 AAC 16.220 Requirement

The Code of Federal Regulations at 36 CFR 60.12 requires state historic preservation officers to notify property owners at least once in writing if the state intends to nominate their property to the National Register of Historic Places, and to afford owners a reasonable opportunity to review such nominations before presentation of nominations to state review boards (in Alaska, the Historic Sites Advisory Committee established by AS 41.35.110).

History

Authority: AS 41.21.040; AS 41.35.050; AS 41.35.180
Eff. 8/6/77, Register 63

11 AAC 16.230 Procedures

When a property has been identified as potentially eligible for nomination to the National Register of Historic Places, the following procedures will be followed for notification of property owners and affected federal, state, and local government agencies which have an interest in the property.

(1) When a decision has been made to compile information on a property for the purpose of preparing a nomination to the National Register of Historic Places, a letter will be sent to the property owner explaining that his property is being studied, what the National Register program comprises, and, if a nomination form is drafted, that a draft will be sent to him before its presentation to the Historic Sites Advisory Committee. The letter will request permission from the owner to visit the site under study.

(2) At the time the letter described in (1) of this section is sent to the property owner, or as soon thereafter as practicable, but in no circumstances less than 60 days before the date it is anticipated that the nomination will be presented to the Historic Sites Advisory Committee, a statement of the intended nomination will be sent to the clearinghouse in the Office of the Governor for circulation to concerned public agencies.

(3) No less than 30 days before the date it is anticipated that the nomination will be presented to the Historic Sites Advisory Committee, the completed nomination will be forwarded to the property owner by certified mail. An accompanying letter will request the owner's comments regarding the historical significance of the property proposed for nomination.

(4) Responses to requests for comment described in (3) of this section, and comments from public agencies received through the clearinghouse in the Office of the Governor, must be presented to the Historic Sites Advisory Committee at the time relevant nominations are considered.

(5) The Historic Sites Advisory Committee shall thereafter evaluate properties recommended for nomination to the National Register of Historic Places to determine if they meet criteria set out in the Code of Federal Regulations at 36 CFR 60.

(6) After a nomination has been approved or rejected by the Historic Sites Advisory Committee for nomination to the National Register of Historic Places, a certified letter will be sent to the property owner notifying him of the committee's action.

History

Authority: AS 41.21.040; AS 41.35.050; AS 41.35.180
Eff. 8/6/77, Register 63

Article 3 General Provisions

11 AAC 16.900 Definitions

In this chapter

(1) "accredited museum" means a museum which is accredited by the American Association of Museums;

(2) "accredited university" means a university accredited by the cognizant member of the Federation of Regional Accrediting Commission of Higher Education;

(3) "accrediting services" means the organizations cited in (1) and (2) of this section;

(4) "Alaska landmark" means a particular historic, prehistoric or archaeological structure, deposit, site or other object of scientific or historic interest, designated by the governor on recommendation of the Historic Sites Advisory Committee to be of outstanding significance in a defined theme of state or national history or to be among the best examples of a type of cultural art form;

(5) "director" means the director of the division of parks in the Department of Natural Resources;

(6) "eligible costs" means costs excluding donated labor and material

(A) that are incurred within the project period specified in the project agreement; and

(B) that conform to the limitations of Federal Management Circular 74-4, cost principles applicable to grants and contracts with state and local governments;

(7) "excavation" means physical removal of subsurface remains of all or a defined portion of a site where the objective is to determine the human activities carried on therein or identification of fossil remains;

(8) "gathering" means the collection of surface material remains of life and activities;

(9) "grant" means state financial assistance for all or part of the eligible costs involved in maintenance, restoration, or rehabilitation of designated state monuments or historic sites if they are kept accessible to the general public;

(10) "historic, prehistoric and archaeological resources" means the material remains of past life and processes;

(11) "Historic Sites Advisory Committee" means the body appointed by the governor under AS 41.35.110 - 41.35.190;

(12) "investigation" means location, identification and examination of material remains of past life and activities for the purpose of evaluating historic, prehistoric, or archaeological resources of a site for potential significance and extent;

(13) "item" means an object of scientific or historic interest collected under terms of a permit issued under this chapter;

(14) "person" means a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person;

(15) "privately owned" means ownership held by others than the State of Alaska.

(16) "property owner" means the person who official public records show to have fee or less than fee interest in real or personal property;

(17) "Historic Sites Advisory Committee" means the committee established by AS 41.35.110 and authorized by AS 41.35.180 to approve properties for nomination to the National Register of Historic Places;

(18) "National Register of Historic Places" means the nationwide catalog of significant historic districts, sites, buildings, structures and objects established by the National Historic Preservation Act of 1966 and maintained by the U.S. Secretary of the Interior;

(19) "state historic preservation officer" means the state official appointed by the governor to cooperate with the U.S. Secretary of the Interior in maintaining and expanding the National Register of Historic Places.

History

Authority: AS 41.21.040; AS 41.35.050; AS 41.35.180
Eff. 11/19/76, Register 60; am 8/6/77, Register 63

Chapter 17 Outdoor Recreational, Open Space, and Historic Properties Development Fund Grant Program

Article 1 Procedure

11 AAC 17.010 Administrative responsibility

The division of parks administers the outdoor recreational, open space, and historic properties development fund.

History

Authority: AS 41.21.040; AS 41.22.030
Eff. 8/6/77, Register 63

11 AAC 17.020 Purpose

Outdoor recreation, open space and historic properties development fund money may be used

(1) to pay the nonfederal share of projects which are initiated by the state to acquire, develop, or extend outdoor recreation facilities and to acquire, preserve, or protect historic sites, buildings, and monuments;

(2) to pay up to one-half the nonfederal share of projects which are initiated by municipalities to acquire, develop, or extend outdoor recreation sites and facilities and to acquire, preserve or protect historic sites, buildings, and monuments;

(3) to make loans of amounts necessary to enable municipalities to make option payments on parks and open space land for the acquisition of which federal funds are anticipated; and

(4) to reimburse municipalities $1 for every $4 of money that they have expended on the development of outdoor recreation facilities, or the preservation of historic sites, buildings and monuments, since October 1, 1970, when the funds so received will be spent for additions or improvements to the properties on which the original expenditures of local money were made.

History

Authority: $ 3, Ch. 168,AS 41.21.040 SLA 1976AS 41.22.030
Eff. 8/6/77, Register 63

11 AAC 17.030 Application

Any state agency or municipality of the state may apply for outdoor recreation, open space, and historic properties development fund money by

(1) for the purposes outlined in 11 AAC 17.020(1) and (2), submitting to the director a copy of the application to be submitted to the federal grantor agency which will be asked to provide the federal share of the project; or

(2) for the purpose outlined in 11 AAC 17.020(3), submitting to the director a copy of the application to be submitted to the federal grantor agency which will be asked to provide the federal share of the project along with evidence of

(A) the value of the land to be acquired for park and open space purposes; and

(B) the likelihood that the land will be permanently acquired by the exercise of the option; and

(3) for the purpose outlined in 11 AAC 17.020(4), submitting to the director documentation of relevant previous expenditures and a statement of intended expenditure of funds that may be received as a result of the application for outdoor recreation, open space and historic properties development fund money; and

(4) submitting evidence of authority to undertake the project for which funds are requested.

History

Authority: AS 41.21.040; AS 41.22.020; AS 41.22.030
Eff. 8/6/77, Register 63

11 AAC 17.040 Agreements

Projects for which funds have been appropriated will be the subject of a specifically enforceable contract between the municipality which has applied for the funds and the state, executed on behalf of the state by the director, in which the municipality agrees to carry out the work proposed in the project application.

History

Authority: AS 41.21.040; AS 41.22.030
Eff. 8/6/77, Register 63

11 AAC 17.050 Disbursement of funds

Funds will be disbursed to projects for which appropriations have been made and for which agreements have been executed when

(1) for those projects submitted under 11 AAC 17.020(1) and (2), the municipality furnishes the director evidence that federal funds have been made available for the project;

(2) for those projects submitted under 11 AAC 17.020(3), the municipality enters into a loan agreement with the state specifying repayment of the amount loaned plus annual interest at the rate of six percent within 10 years of the date the loan agreement is executed;

(3) for those projects submitted under 11 AAC 17.020(4), the director determines the previous expenditures by the municipality were used on eligible property and the funds to be granted by the state are to be spent on the same property.

History

Authority: AS 41.21.040; AS 41.22.030
Eff. 8/6/77, Register 63

Article 2 General Provisions

11 AAC 17.900 Definitions

In this chapter

(1) "director" means the director of the division of parks;

(2) "eligible costs" means those costs of projects which are reimbursable under laws pertaining to and regulations of the agency providing the federal share of project costs;

(3) "local money" means nonfederal and nonstate funds expended by municipalities;

(4) "municipality" means

(A) a city or organized borough of any class exercising powers to initiate projects described in 11 AAC 17.020 of this chapter, as otherwise authorized by law; or

(B) a unified municipality organized under AS 29.68.240 - 29.68.440; or

(C) a village council of a village which is not within the boundaries of any incorporated city, organized borough or unified municipality, if the village council was organized to govern the village and performs the functions of municipal government and is eligible for federal funds for a project described in 11 AAC 17.020;

(5) "outdoor recreation, open space, and historic properties development fund" means the fund created by AS 41.22;

(6) "outdoor recreation, open space, and historic properties development fund money" means appropriations to the fund.

History

Authority: AS 41.21.040; AS 41.22.030
Eff. 8/6/77, Register 63

Chapter 18 Special Park Use Permits

Article 1 Park Uses

11 AAC 18.010 Special park use permits

(a) No person may promote, organize, or engage in any of the following activities in a state park without a permit:

(1) an organized or promoted assembly of more than 20 persons;

(2) any promotional or entertainment event, including an organized athletic event, competitive recreational event, or spectator event, whether or not an admission fee is charged;

(3) camping within a developed campground for longer than 15 consecutive days in a calendar year or longer than the period designated by the director for the site or area in which the camp is made;

(4) constructing or placing an improvement, structure, or property within a park, including a sign (with the exception of a state regulatory marker), fixture, shelter or cabin, personal property, road, trail, excavation, fill, or buttress;

(5) discharging explosives;

(6) conducting exploration, scientific research, or information collection activities requiring authorization under 11 AAC 12.170 and 11 AAC 12.175;

(7) commercial activities described in 11 AAC 12.300 and 11 AAC 12.990;

(8) using a state park for recurring or permanent motorized access, including aircraft landings and takeoffs across land or water closed to motorized use, to land not owned or controlled by the state;

(9) occupying a campsite with more than the allowed number of vehicles;

(10) uses limited or prohibited by the director under 11 AAC 12 or 11 AAC 20; and

(11) any other incompatible use as defined under regulation or that does not otherwise have lawful recreation as its primary purpose.

(b) For a permit required under this section, a fee must be paid if required under 11 AAC 05.170(b)(4). However, nothing in this section limits the department's authority to charge other applicable fees under 11 AAC 05.170.

History

Authority: AS 41.21.020; AS 41.21.026; AS 41.21.040
Eff. 1/13/73, Register 44; am 5/11/85, Register 94; am 1/28/88, Register 105; am 7/1/89, Register 110; am 12/25/91, Register 120; am 11/15/2015, Register 216; am 7/1/2018, Register 227; am 5/5/2022, Register 242

11 AAC 18.020 Access routes

Repealed 5/11/85.

11 AAC 18.025 Procedure

(a) An applicant shall complete and file an application form provided by the division for a park use permit at the office of the division nearest the location of the intended activity, and must provide the following information:

(1) name of each individual or company responsible for the use intended;

(2) permanent address and local address, including residence and mailing addresses, of each person, owner, and company responsible for the use, service, or activity intended;

(3) current phone numbers of each company and individual providing services in a state park;

(4) in the case of commercial operators, a photostatic copy of a current photo identification card such as a driver's license, that includes the date of birth and a written physical description;

(5) in the case of fishing guides, a photostatic copy of a valid Alaska sport fishing license; and

(6) physical descriptions and license numbers of each vehicle used in a state park.

(b) The director shall respond within 30 days to a written application made under this section, except that, for permits requiring multi-agency review, the division's response time may be delayed by other review periods beyond its control.

(c) The director may, upon proper application, issue a permit for activities described in 11 AAC 18.010(2) - (11) if he or she determines that

(1) park facilities and natural and cultural resources will not be adversely affected;

(2) the state park is protected from pollution;

(3) public use values of the state park will be maintained and protected; and

(4) the public safety, health, and welfare will not be adversely affected.

(5) Repealed 12/27/2012.

(d) The director shall, upon proper application, issue a permit for an organized and promoted assembly of more than 20 persons, unless

(1) the criteria for issuance of permits in 11 AAC 18.025(c) are not met;

(2) the event is of such nature or duration that it cannot reasonably be accommodated in the particular location applied for, considering such things as damage to park resources or facilities, impairment of a protected area's atmosphere, interference with program activities, or impairment of public use facilities; or

(3) a prior application for a permit for the same time and place has been made that has been or will be granted and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area.

(e) The permit may contain conditions which are reasonably consistent with protection and use of the park area for the purposes for which it is established. It may also contain reasonable limitations on the equipment used and the time and area within which the event is allowed. A permit may be revoked by the director or a local park officer for failure to abide by any permit condition or limitation.

(f) A permit may not be assigned without the prior written approval of the director.

(g) An eligible person affected by a decision issued under this chapter may appeal that decision in accordance with 11 AAC 02.

History

Authority: AS 41.21.020; AS 41.21.040; AS 44.37.011
Eff. 5/11/85, Register 94; am 7/1/89, Register 110; am 11/7/90, Register 116; am 9/19/2001, Register 159; am 12/27/2012, Register 204

11 AAC 18.030 Noncompetitive park use permits for commercial activities

(a) The director may negotiate a noncompetitive permit for a commercial activity if

(1) the conditions of 11 AAC 18.025 are met;

(2) issuance of the permit is compatible with the statutory purposes for which the park was established, or, in the absence of specific statutory purpose, the permitted activity is found by the director to be compatible with public recreation and resource protection;

(3) the applicant pays a fee, established by the director, which will give the state a fair and reasonable return in light of the cost of administering the activity permitted under this section, the impact of the proposed activity on the park, the incidental benefit that might be provided the park, goods or services provided to the state, and the gross business receipts attributable to the activity;

(4) the director finds that there is no need to limit the number of individuals or firms providing the service to protect public use of the state park or to protect stated park resources; and

(5) the term of the permit is no longer than five calendar years, and is revocable at any time the director determines that the criteria set by 11 AAC 18.025(c) are not being met or the public interest is not otherwise served.

(b) The director may require that a permit contain conditions that require the permittee or the permittee's agents or employees to

(1) possess required borough, state, or federal licenses, registrations or certifications that are applicable to the activity authorized by the permit;

(2) indemnify, hold harmless, and defend the state, its officers, agents, and employees from liability of any nature or kind;

(3) mark vehicles used in providing commercial services with specific identification;

(4) be in or aboard a vehicle being used for activities authorized by the permit;

(5) not fish or allow the permittee's support staff or employees to fish from a vehicle being used for activities authorized by this section in the Kenai River Special Management Area during the months of May, June, and July while clients are present;

(6) be liable for the repair of any damage to land, water, facilities, or resources resulting from the actions of the permittee or his or her agents, employees, or clients;

(7) report any accidents involving personal injury or incidents of wildlife hazards, or the loss of equipment;

(8) have a first aid certification recognized by state or national registration;

(9) provide proof of liability insurance at a minimum of $100,000 per individual and $300,000 per event, and designating the State of Alaska as "the additional named insured with notice of cancellation"; the director may require a higher amount of liability insurance for activities that involve a high degree of risk for the participants;

(10) provide reports on the number of clients served, and the number of fish taken, to the division at the end of each season;

(11) attend mandatory commercial use permittee orientation sessions offered by the division;

(12) comply with other conditions determined necessary by the director to protect the state's interest.

(c) No permittee, or permittee's agent or employee may violate the conditions of the permit. Upon any violation of a condition of the permit, the director may suspend or revoke the permit. Each day in violation of the permit conditions constitutes a separate offense under AS 41.21.950.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.955 AS 41.21.026; AS 41.21.950
Eff. 5/11/85, Register 94; am 1/28/88, Register 105; am 2/3/88, Register 105; am 7/1/89, Register 110; am 7/1/98, Register 146

11 AAC 18.040 Competitive park use permits for commercial activities

(a) The director may competitively bid a permit for a commercial activity if he or she finds that

(1) the conditions of 11 AAC 18.025 are met;

(2) there is commercial viability for the activity proposed;

(3) there is a need to limit the number of permits to protect public use of the park or to protect park resources, or there is a need to prevent one business or person from monopolizing commercial activities within a park or portion of a park, or without limitation of the number of permits there would likely be a degradation of quality of the recreational experience in the park, or there may be an unlimited demand for space within a park; and

(4) the commercial activity is compatible with the statutory purposes for which the park was established, or in the absence of specific statutory purpose the commercial activity is found by the director to be compatible with public recreation and resource protection.

(b) The process for competitive bidding under this section shall be determined by the director.

(1) declare that the state assumes no risk of financial loss whatsoever, and the state guarantees no financial gain or opportunity to profit whatsoever;

(2) prohibit any assignment of rights or responsibilities to perform the stipulations in the permit absent the written permission of the director; and

(3) terminate after no more than five years with a possibility of renewal for five to 10 more years, and it is revocable at any time that the director determines that the criteria set by 11 AAC 18.025(c) are not being met, the public interest is not otherwise served, or the terms and conditions of the permit are not followed.

(d) The minimum bid price for a permit under this section is $200 per permit per calendar year, and this minimum bid may be increased by the director to give the state a fair and reasonable return in light of the cost of administering the activity permitted under this section, the impact of the proposed activity on the park, the incidental benefit that might be provided the park, goods or services provided to the state, and the gross business receipts attributable to the activity.

(e) The provisions of 11 AAC 18.030(b) apply to a permit issued under this section.

(f) The director may limit the number of competitive commercial use permits an individual may hold.

(g) No permittee, or permittee's agent or employee, may violate the conditions of the permit. Upon any violation of a condition of the permit, the director may suspend or revoke the permit. Each day in violation of the permit conditions constitutes a separate offense under AS 41.21.950.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.955 AS 41.21.026; AS 41.21.950
Eff. 7/1/89, Register 110; am 1/16/2005, Register 173

Article 2 General Provisions

11 AAC 18.200 Definitions

Repealed.

History

Eff. 1/13/73, Register 44; am 5/11/85, Register 94; am 2/3/88, Register 105; repealed 5/5/2022, Register 242

11 AAC 18.990 Definitions

In this chapter,

(1) "aircraft" has the meaning given in 11 AAC 12.990;

(2) "assembly" has the meaning given in 11 AAC 12.990;

(3) "camp" or "camping" has the meaning given in 11 AAC 12.990;

(4) "campground" has the meaning given in 11 AAC 12.990;

(5) "campsite" has the meaning given in 11 AAC 12.990;

(6) "director" means the director of the division, or the director's authorized agent;

(7) "division" means the Division of Parks and Outdoor Recreation, Department of Natural Resources;

(8) "permit" means a written authorization, revocable with or without cause, to engage in uses or activities that are otherwise prohibited or restricted;

(9) "state park" means any land or water managed by the division;

(10) "structure" has the meaning given in 11 AAC 12.990;

(11) "vehicle" has the meaning given in 11 AAC 12.990.

History

Authority: AS 41.21.020; AS 41.21.040 AS 41.21.026; AS 41.21.506
Eff. 5/5/2022, Register 242

Chapter 20 State Park Land and Water

Article 1 Chugach State Park

11 AAC 20.010 Use of weapons

Repealed.

History

Eff. 1/16/74, Register 48; am 8/11/80, Register 75; am 5/11/85, Register 94; am 2/3/88, Register 105; repealed 5/5/2022, Register 242

11 AAC 20.015 Off-road vehicles

(a) A person may use an off-road vehicle in Chugach State Park only on Eklutna Lakeside Trail and designated trails in the Bird Creek Valley Trail System.

(b) Unless authorized by the director under 11 AAC 18.010, a person may not operate an off-road vehicle on Eklutna Lakeside Trail

(1) from 12:01 a.m. Thursday through 11:59 p.m. Saturday, during the period from April 1 through November 30; or

(2) from December 1 through March 31.

(c) Unless authorized by the director under 11 AAC 18.010, a person may not operate an off-road vehicle within the Bird Creek Valley Trail System from December 1 through March 31.

History

Authority: AS 41.21.020; AS 41.21.121; AS 41.21.950 AS 41.21.040; AS 41.21.123
Eff. 5/11/85, Register 94; am 5/24/96, Register 138; am 8/19/2009, Register 191; am 11/15/2015, Register 216

11 AAC 20.020 Aircraft

(a) Except as provided in (b) of this section, the use of aircraft is allowed in Chugach State Park on Bold airstrip located at the inlet of Eklutna Lake.

(b) The use of aircraft for the purpose of practice landing is prohibited.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.121
Eff. 5/11/85, Register 94; am 4/20/2002, Register 162

11 AAC 20.025 Motorized boats

The use of a boat powered by an electric motor is allowed in Chugach State Park on Eklutna Lake.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.121
Eff. 5/11/85, Register 94; am 4/20/2002, Register 162

11 AAC 20.030 Horses

(a) The use of horses, mules, and burros is allowed in Chugach State Park, except for

(1) designated campgrounds, swim beaches, and picnic areas;

(2) the Eagle River Valley from Crow Pass to the Eagle River Visitor Center, except by permit from the director under 11 AAC 18.010;

(3) Meadow Creek Drainage;

(4) the Old Johnson Trail from Potter to Indian;

(5) trails from the Glen Alps parking lot except for the powerline access trail posted for use of horses;

(6) Flattop Mountain Trails;

(7) all trails in the Hillside Trail System (North Fork of Campbell Creek to and including Rabbit Creek), which may be closed seasonally to horse use to control break-up problems and use conflicts with ski trails;

(8) trails in the Indian Creek Valley, may be closed seasonally to horse use to control break-up problems or during periods of excessive rain;

(9) trails accessible from the South Fork Eagle River Trailhead, which may be closed seasonally to horse use to control break-up problems or during periods of excessive rain; and

(10) Hemlock Burn trail.

(b) The use of horses, mules, and burros is subject to the following conditions:

(1) groups using 10 or more animals must obtain authorization from the director under 11 AAC 18.010 before entering the state park;

(2) tethering horses, mules, or burros within 100 feet of fresh water is prohibited;

(3) loose herding of animals is prohibited.

(c) The director may, by order, close a trail or area listed in (a) of this section to the use of horses to protect soils or vegetation, to reduce or eliminate user conflicts, or to promote sound management of Chugach State Park. A closure under this section shall be posted at entrances to the affected trail or area.

History

Authority: AS 41.21.020; AS 41.21.121; AS 41.21.123 AS 41.21.040; AS 41.21.122
Eff. 5/11/85, Register 94; am 8/19/2009, Register 191; am 5/5/2022, Register 242

11 AAC 20.035 Campfires

Open fires are allowed on gravel bars below timberline in the following drainages:

(1) Eklutna Valley;

(2) Peters Creek;

(3) Eagle River (excluding the south fork of Eagle River and Meadow Creek); and

(4) Bird Creek.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.121
Eff. 5/11/85, Register 94

11 AAC 20.040 Snowmobiles

Repealed.

History

Eff. 5/11/85, Register 94; am 2/3/88, Register 105; am 4/20/2002, Register 162; am 8/19/2009, Register 191; am 11/15/2015, Register 216; repealed 5/5/2022, Register 242

11 AAC 20.045 Recreational gold panning

Recreational gold panning is allowed in Chugach State Park with the following stipulations:

(1) no motorized equipment is used;

(2) a person uses no more equipment than a gold pan and a shovel;

(3) no chemicals are used;

(4) anadromous fish streams are only open to recreational gold panning between May 16 and July 14 annually;

(5) no person may stake or file a mining claim or leasehold location in a state park; and

(6) no person may extract or disturb natural material for the purposes of recreational gold panning above the ordinary high water line or where live vegetative matter exists.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.121
Eff. 5/11/85, Register 94; am 2/3/88, Register 105

11 AAC 20.050 Bicycles

Repealed.

History

Eff. 5/11/85, Register 94; am 2/3/88, Register 105; am 5/24/96, Register 138; am 4/20/2002, Register 162; am 8/19/2009, Register 191; am 11/15/2015, Register 216; repealed 5/5/2022, Register 242

11 AAC 20.055 Camping

A person may not camp within the first three miles or within 300 yards of the Eklutna Lakeside Trail, except in a site designated for overnight camping.

History

Authority: AS 41.21.020; AS 41.21.121 AS 41.21.040; AS 41.21.950
Eff. 8/19/2009, Register 191

11 AAC 20.060 Pets

(a) A person may not have a dog or other pet on the Albert Loop Trail, the Rodak Nature Trail, the River Trail, or the Iditarod Trail between the Eagle River Nature Center and the Four Corners Junction, unless the dog or other pet is on a leash not exceeding nine feet in length, and is under control by a person at all times.

(b) The restriction in (a) of this section does not apply to a person engaged in skijoring or mushing sled dogs during the winter months, if the dog or other pet is attached via a line and harness to the skier or sled and is under control by a person at all times.

History

Authority: AS 41.21.020; AS 41.21.121 AS 41.21.040; AS 41.21.950
Eff. 8/19/2009, Register 191

11 AAC 20.070 Seasonal closures

(a) The paved pathway along Turnagain Arm, from Bird Creek to the state park boundary at Girdwood, is closed to public use during the snow avalanche season each winter, as posted by the director.

(b) The Albert Loop trail is closed during periods of high bear activity each summer, as posted by the director.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.123
Eff. 5/5/2022, Register 242

Article 2 Kachemak Bay State Park

11 AAC 20.100 Use of weapons

Repealed.

History

Eff. 1/16/74, Register 48; am 5/11/85, Register 94; repealed 5/5/2022, Register 242

11 AAC 20.110 Aircraft

(a) The use of aircraft is allowed in Kachemak Bay State Park on saltwater, gravel bars, Emerald Lake, China Poot Lake, Hazelle Lake, and Petrof Lake except for the purpose of practice landings.

(b) A person may not land a helicopter in Kachemak Bay State Park without a permit from the director under 11 AAC 18.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.950
Eff. 5/11/85, Register 94; am 5/24/96, Register 138

11 AAC 20.115 Motorized boats

(a) The use of a boat with a motor, other than a personal watercraft, is allowed in Kachemak Bay State Park only on saltwater, China Poot Lake, Hazelle Lake, or Petrof Lake.

(b) A person may not launch or operate a personal watercraft in Kachemak Bay State Park.

(c) A person may not operate a motorized boat in excess of "Slow No-wake" speed, five miles per hour maximum, within two hundred feet of a state managed dock, swimming beach, or boat launch, or within an area designated and marked as a "Slow No-wake" zone.

History

Authority: AS 41.21.020; AS 41.21.131 AS 41.21.040; AS 41.21.132
Eff. 5/11/85, Register 94; am 5/24/96, Register 138; am 5/3/2001, Register 158; am 4/20/2002, Register 162

11 AAC 20.120 Campfires

Open fires are allowed on non-vegetated gravel bars below timberline or on saltwater beaches.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94; am 4/20/2002, Register 162

Article 3 Kachemak Bay State Wilderness Park

11 AAC 20.200 Use of weapons

Repealed.

History

Eff. 1/16/74, Register 48; am 5/11/85, Register 94; am 2/3/88, Register 105; repealed 5/5/2022, Register 242

11 AAC 20.210 Aircraft

The use of aircraft is allowed in Kachemak Bay State Wilderness Park on saltwater and saltwater beaches or where authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.140
Eff. 5/11/85, Register 94; am 4/20/2002, Register 162

11 AAC 20.215 Motorized boats

(a) The use of a boat with a motor, other than a personal watercraft, is allowed in Kachemak Bay State Wilderness Park only on saltwater.

(b) A person may not launch or operate a personal watercraft in Kachemak Bay State Wilderness Park.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.140
Eff. 5/11/85, Register 94; am 5/24/96, Register 138; am 5/3/2001, Register 158

11 AAC 20.220 Campfires

Open fires are allowed on non-vegetated gravel bars below timberline or on saltwater beaches.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.140
Eff. 5/11/85, Register 94; am 4/20/2002, Register 162

Article 4 Willow Creek State Recreation Area

11 AAC 20.250 Use of weapons

Repealed.

History

Eff. 12/25/91, Register 120; repealed 5/5/2022, Register 242

11 AAC 20.255 Campfires

Open fires are allowed on non-vegetated gravel below the ordinary high water line along Willow Creek downstream from the George Parks Highway to within one-half mile east of the confluence of Willow Creek and the Susitna River.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.494
Eff. 12/25/91, Register 120

11 AAC 20.260 Snowmobiles

Repealed.

History

Eff. 12/25/91, Register 120; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

11 AAC 20.265 Parking limit

(a) No person may leave a vehicle in the Willow Creek State Recreation Area for longer than the posted time limit without a permit issued by the director under 11 AAC 18.010.

(b) No person may leave a watercraft unattended in the Willow Creek State Recreation Area for longer than the posted time limit without a permit issued by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.494
Eff. 12/25/91, Register 120

11 AAC 20.270 Camping

Camping is allowed within the Willow Creek State Recreation Area except for

(1) within one-half mile of a developed facility or a state maintained road; and

(2) along Willow Creek one-half mile east of its confluence with the Susitna River.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.494
Eff. 12/25/91, Register 120

11 AAC 20.275 Motorized boats

The use of motorized boats is allowed in the Willow Creek State Recreation Area.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.494
Eff. 4/20/2002, Register 162

Article 5 Wood-Tikchik State Park

11 AAC 20.300 Wood-Tikchik State Park management council

(a) The term of membership on the Wood-Tikchik State Park management council is three years.

(b) The initial terms for the members appointed from the following nominations are as follows:

(1) the village council of Koliganek - one year;

(2) the village council of New Stuyahok - two years;

(3) the village council of Alegnagik - three years;

(4) the city council of Dillingham - one year;

(5) The Bristol Bay Native Association, Inc. - two years.

(1) the commissioner of natural resources - three years; and

(2) the commissioner of fish and game - one year.

History

Authority: AS 41.21.020; AS 41.21.480
Eff. 3/30/79, Register 69

11 AAC 20.310 Qualification of members

Each nominee submitted to the governor for selection under sec. 300(b) of this chapter must be a resident of the area represented by the nominating body.

History

Authority: AS 41.21.020; AS 41.21.480
Eff. 3/30/79, Register 69

11 AAC 20.320 Designated alternates

Each member of the management council may designate an alternate to serve on the council in the member's absence. Designated alternates must possess the same qualifications as members selected by the governor.

History

Authority: AS 41.21.020; AS 41.21.480
Eff. 3/30/79, Register 69

11 AAC 20.330 Officers

The council shall elect a chairman and a vice-chairman by majority vote. The term of the officers will be one calendar year. The chairman is the presiding officer and shall call meetings of the council. The vice-chairman shall assist the chairman and shall assume his duties when the chairman is absent. The commissioner of natural resources, or his designee, is ex officio secretary for the council.

History

Authority: AS 41.21.020; AS 41.21.480
Eff. 3/30/79, Register 69

11 AAC 20.340 Quorum

A majority of the members serving on the council constitutes a quorum for the transaction of business. Every act done or decision made by a majority of the members present at a meeting of the council at which a quorum is present is the act of the council.

History

Authority: AS 41.21.020; AS 41.21.480
Eff. 3/30/79, Register 69

11 AAC 20.350 Meetings

(a) The council shall meet at least once each year and may meet at other times it considers necessary. The council shall select the time and place for the transaction of business.

(b) The council may meet at any time upon the call of the chairman, upon the request of a majority of the council members, or upon the request of the commissioner of natural resources, or the commissioner of fish and game, or the designee of either.

History

Authority: AS 41.21.020; AS 41.21.480
Eff. 3/30/79, Register 69

11 AAC 20.360 Management plan

The council, with the advice and assistance of the department of natural resources, shall draft a management plan to be presented at public meetings within two years from the initial appointments. After receiving public testimony on the draft management plan, a final draft must be submitted to the commissioner of natural resources for approval and implementation, and to the commissioner of fish and game for approval and implementation of elements governing fish and wildlife management. The management council may recommend changes to the management plan and implementation procedures at any time after its approval and implementation.

History

Authority: AS 41.21.020; AS 41.21.480
Eff. 3/30/79, Register 69

11 AAC 20.365 Adoption of management plan by reference

The department will administer applicable provisions of 11 AAC 12.035, applicable provisions of 11 AAC 12.190, and 11 AAC 20.375 - 11 AAC 20.397 in accordance with the portions of the management plan adopted by reference in this section. The following portions of the Wood-Tikchik State Park Management Plan, dated October 2002 and developed in accordance with AS 41.21.164, are adopted by reference:

(1) the parkwide management policy addressing levels of commercial use, as set out in Chapter 7, pages 7-3 and 7-4;

(2) the parkwide management policy listing specifics of zoning guidelines, as set out in Chapter 7, page 7-8;

(3) the guidelines on party size in lands designated wilderness, as set out in Chapter 8, Table 8-1, page 8-8;

(4) the guidelines on motorized equipment, as set out in Chapter 8, Table 8-1, page 8-12;

(5) the unit-specific management guidelines set out in Chapter 9.

History

Authority: AS 41.21.020; AS 41.21.161; AS 41.21.165 AS 41.21.040; AS 41.21.162 AS 41.21.160; AS 41.21.164
Eff. 12/20/2002, Register 164; am 5/5/2022, Register 242

11 AAC 20.367 Zoning

(a) A person subject to zoning restrictions adopted by reference in 11 AAC 20.365 may not conduct the following activities within the boundary of Wood-Tikchik State Park, except as authorized by the director under 11 AAC 18.010:

(1) except for lawful hunting and trapping, the use or discharge of a firearm on private property in a developed shooting range facility not in existence on June 25, 1976;

(2) the placement of a fuel storage tank, unless it is attached and anchored solidly to a structure or to the ground; the tank must be installed within an impervious containment basin of a size to contain 110 percent of the storage capacity plus 12 inches of freeboard;

(3) the installation or construction of a wastewater septic system or latrine within 100 feet of the ordinary high water mark of any water body within the boundary of the park;

(4) the placement of waste or refuse in a manner capable of contaminating land or water within the boundary of the park;

(5) the installation or construction of a utility or communication tower, antenna, or satellite dish, that exceeds 40 feet in height;

(6) the construction or erection of advertising signage;

(7) the construction of a structure or dwelling that exceeds two stories or a total of 24 feet in building height;

(8) the use of colors other than neutral tones for painting, siding, or roofing material on structures built on the land, subject to approval by the division;

(9) the discharge, application, or release of chemicals, toxic materials, fuels, pesticides, or petroleum-based fuel on or into land or water within the boundary of the park.

(b) In this section,

(1) "building height" means the vertical distance above the average existing grade measured to the highest point of the building; the building height of a stepped or terraced building is the maximum height of any segment of the building;

(2) "fuel storage tank" means a vessel

(A) used for the storage of petroleum-based fuels, including gasoline, diesel, kerosene, and heating oil; and

(B) having a liquid volume of 200 gallons or more;

(3) "shooting range facility"

(A) means a public or private facility or area designed and improved to encompass, for the purpose of discharging firearms at moving or stationary targets,

(i) shooting stations or firing lines;

(ii) target areas; and

(iii) other related components;

(B) does not include incidental target practice areas on private property;

(4) "story" means

(A) for floors other than the topmost floor, that portion of a building included between the upper surface of any floor and the upper surface of the floor next above; "story" includes a basement or cellar in which the finished floor level directly above the basement or cellar averages more than four feet above grade;

(B) for the topmost floor, that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above;

(5) "structure" means anything constructed or erected that requires location on the ground or attachment to something having location on the ground; "structure" includes buildings, towers, sheds, and signs; "structure" does not include fences less than six feet in height, retaining walls less than three feet in height, rockeries, or similar improvements of a minor character.

History

Authority: AS 41.21.020; AS 41.21.025; AS 41.21.160 AS 41.21.022; AS 41.21.040; AS 41.21.167
Eff. 8/19/2009, Register 191

11 AAC 20.370 Use of weapons

Repealed.

History

Eff. 5/11/85, Register 94; am 2/3/88, Register 105; repealed 5/5/2022, Register 242

11 AAC 20.375 Aircraft

(a) The use of fixed wing aircraft is allowed in Wood-Tikchik State Park.

(b) A person may not land a helicopter in Wood-Tikchik State Park, except as authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.160; AS 41.21.167 AS 41.21.040; AS 41.21.165
Eff. 5/11/85, Register 94; am 12/20/2002, Register 164

11 AAC 20.380 Power boats

(a) Except as provided in (b) - (e) of this section, the use of motorized boats is allowed in Wood-Tikchik State Park.

(b) The use of an airboat is prohibited.

(d) The use of a hovercraft

(1) is allowed between January 1 and May 31 only on water bodies or on snow and ice covering water bodies; and

(2) except as authorized by the director under 11 AAC 18.010, is prohibited on Upnuk, Chikuminuk, Grant, Kulik, Nishlik, and Slate lakes and the upper Tikchik and Wind rivers.

(e) The use of a motorized boat is prohibited on Lake Chikuminuk.

History

Authority: AS 41.21.020; AS 41.21.160; AS 41.21.167 AS 41.21.040; AS 41.21.165
Eff. 5/11/85, Register 94; am 12/20/2002, Register 164

11 AAC 20.383 Agulowak River safety

A person may not anchor, drift, or stand in the water of the Agulowak River from the south bank to mid-river in Restricted Area A, or anchor or stand in the water from north bank to mid-river in Restricted Area B, as those restricted areas are depicted in Map 9-2 in Chapter 9 of the Wood-Tikchik State Park Management Plan, adopted by reference in 11 AAC 20.365, and as marked by the placement of signs on the bank.

History

Authority: AS 41.21.020; AS 41.21.161; AS 41.21.165 AS 41.21.040; AS 41.21.162 AS 41.21.160; AS 41.21.164
Eff. 12/20/2002, Register 164

11 AAC 20.385 Campfires

Open fires are allowed on non-vegetated gravel bars and beaches.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.160
Eff. 5/11/85, Register 94; am 5/5/2022, Register 242

11 AAC 20.390 Snowmobiles

Repealed.

History

Eff. 5/11/85, Register 94; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

11 AAC 20.395 Commercial use limitations

The director may establish limits on the number of client days, including the number of passengers flown into the park by permitted air taxi operators, for the entire park or specific areas in the park based upon the parkwide management policy addressing levels of commercial use, as set out in Chapter 7, pages 7-3 and 7-4 of the Wood-Tikchik State Park Management Plan, adopted by reference in 11 AAC 20.365.

History

Authority: AS 41.21.020; AS 41.21.160; AS 41.21.165 AS 41.21.040; AS 41.21.164; AS 41.21.167
Eff. 12/20/2002, Register 164

11 AAC 20.397 Public use limitations

(a) A person, or at least one person in a party must apply for and obtain a permit issued under 11 AAC 18.010 before engaging in one or more of the following activities:

(1) floating the Tikchik River from either Nishlik or Upnuk lakes;

(2) camping on or around Chikuminuk, Nishlik, Slate, or Upnuk lakes.

(b) The number of persons in a party is limited to 10 in areas designated as wilderness in Chapter 8 of the Wood-Tikchik State Park Management Plan, adopted by reference in 11 AAC 20.365.

History

Authority: AS 41.21.020; AS 41.21.160; AS 41.21.165 AS 41.21.040; AS 41.21.164; AS 41.21.167
Eff. 12/20/2002, Register 164

Article 6 Denali State Park

11 AAC 20.400 Use of weapons

Repealed.

History

Eff. 10/6/83, Register 87; am 5/11/85, Register 94; am 2/3/88, Register 105; repealed 5/5/2022, Register 242

11 AAC 20.410 Aircraft

(a) The use of fixed wing aircraft is allowed in Denali State Park west of the Parks Highway and on Ermine Lake.

(b) Practice landings are not allowed.

History

Authority: AS 41.21.020; AS 41.21.151 AS 41.21.040; AS 41.21.950
Eff. 5/11/85, Register 94; am 2/13/97, Register 141; am 1/16/2005, Register 173

11 AAC 20.415 Motorized boats

(a) Except as provided by (b) through (d) of this section, the use of motorized boats is allowed in Denali State Park.

(b) If a motorized boat is used on Byers Lake, the boat may only be powered by an electric motor.

(c) The Tokositna River upstream from Pirate Lake is closed to the use of airboats between April 20 and July 10 annually unless authorized by the director under 11 AAC 18.010.

(d) Jet skis and hovercraft are prohibited, except on the Susitna River.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.151
Eff. 5/11/85, Register 94; am 2/3/88, Register 105; am 5/18/97, Register 142

11 AAC 20.420 Campfires

Open fires are allowed on the gravel bars in and along the Chulitna, Susitna, and Tokositna Rivers.

History

Authority: AS 41.21.020; AS 41.21.022 AS 41.21.040; AS 41.21.151
Eff. 5/11/85, Register 94

11 AAC 20.425 Snowmobiles

Repealed.

History

Eff. 5/11/85, Register 94; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

11 AAC 20.430 Horses

(a) The use of horses, mules, and burros is allowed in Denali State Park, except for the following areas:

(1) designated campgrounds;

(2) Byers Lake Trail;

(3) Troublesome Creek Trail;

(4) Little Coal Creek Trail;

(5) Ermine Hill Trail;

(6) that portion of Denali State Park south of the township line between T29N and T30N, Seward Meridian; west of the range line between R4W and R5W, Seward Meridian; and east of the George Parks Highway, except as authorized by the director under 11 AAC 18.010.

(b) The use of horses, mules, and burros in Denali State Park is subject to the following conditions:

(1) a group using 10 or more animals must obtain authorization from the director under 11 AAC 18.0 10 before entering the state park;

(2) tethering horses, mules, and burros within 100 feet of fresh water is prohibited;

(3) loose herding of animals is prohibited.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.151
Eff. 5/11/85, Register 94; am 4/20/2002, Register 162

11 AAC 20.435 Recreational gold panning

(a) Except as provided in (b) and (c) of this section, recreational gold panning is allowed in Denali State Park only if the following conditions are met:

(1) no motorized equipment is used;

(2) only a gold pan or a shovel, or both, may be used; and

(3) no chemicals are used.

(b) Recreational gold panning in Denali State Park may be conducted on an anadromous fish stream only between May 16 and July 14 annually.

(c) For the purpose of recreational gold panning, a person may not extract or disturb natural materials above the ordinary high water line or where live vegetative matter exists in Denali State Park.

History

Authority: AS 41.21.020; AS 41.21.151 AS 41.21.040; AS 41.21.950
Eff. 5/24/96, Register 138

11 AAC 20.437 Bicycles

Repealed.

History

Eff. 5/18/97, Register 142; repealed 5/5/2022, Register 242

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.435
Eff. 5/11/85, Register 94

Article 8 Chena River State Recreation Area

11 AAC 20.460 Use of weapons

Repealed.

History

Eff. 5/11/85, Register 94; am 7/1/89, Register 110; am 5/24/96, Register 138; am 1/16/2005, Register 173; repealed 5/5/2022, Register 242

11 AAC 20.465 Off-road vehicles

(a) Except as provided in (b) of this section, the use of off-road vehicles is allowed in the Chena River State Recreation Area on trails officially designated and marked as open to off-road vehicles.

(b) The following trails are open to the use of off-road vehicles except when posted as closed due to trail conditions during spring break-up, the absence of adequate ground frost, or the opening to snowmobile use under 11 AAC 12.035(b)(7):

(1) Angel Creek Hillside Trail;

(2) Compeau Trail;

(3) Stiles Trail;

(4) Chena Hot Springs (Yukon Quest) Winter Trail.

History

Authority: AS 41.21.020; AS 41.21.475 AS 41.21.040; AS 41.21.490
Eff. 5/11/85, Register 94; am 12/25/91, Register 120; am 5/5/2022, Register 242

11 AAC 20.470 Motorized boats

The use of motorized boats in Chena River State Recreation Area is allowed on the Chena River and its tributaries.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.475
Eff. 5/11/85, Register 94; am 5/18/97, Register 142

11 AAC 20.475 Horses

(a) The use of horses, mules, and burros is allowed in the Chena River Recreation Area, with the exception of Rock Creek/Granite Tors Hiking Trail and the boardwalk portions of any developed hiking trail.

(b) The use of horses, mules, and burros is subject to the following conditions:

(1) groups using 10 or more animals must obtain a park use permit under 11 AAC 18.010 before entering the park;

(2) tethering horses, mules, or burros within 100 feet of fresh water is prohibited;

(3) loose herding of animals is prohibited.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.475
Eff. 5/11/85, Register 94

11 AAC 20.480 Snowmobiles

Repealed.

History

Eff. 5/11/85, Register 94; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

11 AAC 20.485 Campfires

Open fires are allowed on gravel bars and gravel pits.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.475
Eff. 5/11/85, Register 94

11 AAC 20.490 Bicycles

Repealed.

History

Eff. 2/3/88, Register 105; am 5/18/97, Register 142; repealed 5/5/2022, Register 242

11 AAC 20.492 Camping

Camping in Chena River State Recreation Area is permitted in all areas except where otherwise posted.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.490
Eff. 7/1/89, Register 110

Article 9 Quartz Lake State Recreation Area

11 AAC 20.500 Use of weapons

Repealed.

History

Eff. 5/11/85, Register 94; repealed 5/5/2022, Register 242

11 AAC 20.505 Off-road vehicles

The use of off-road vehicles is allowed in the Quartz Lake State Recreation Area on trails officially designated and marked as open to off-road vehicles.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94; am 12/25/91, Register 120

11 AAC 20.510 Power boats

The use of power boats is allowed in Quartz Lake State Recreation Area.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 20.515 Horses

(a) The use of horses, mules, and burros is allowed in the Quartz Lake State Recreation Area with the exception of the boat ramp and beach area.

(b) The use of horses, mules, and burros is subject to the following conditions:

(1) groups using 10 or more animals must obtain a park use permit under 11 AAC 18.010 before entering the park;

(2) tethering horses, mules, or burros within 100 feet of fresh water is prohibited; and

(3) loose herding of animals is prohibited.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 20.520 Snowmobiles

Repealed.

History

Eff. 5/11/85, Register 94; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

Article 10 Nancy Lake State Recreation Area

11 AAC 20.540 Use of weapons

Repealed.

History

Eff. 5/11/85, Register 94; am 2/3/88, Register 105; repealed 5/5/2022, Register 242

11 AAC 20.545 Aircraft

(a) Except as provided in (b) and (c) of this section, the use of aircraft is allowed in the Nancy Lake State Recreation Area.

(b) The use of float-equipped aircraft in the Nancy Lake State Recreation Area is prohibited on

(1) South Rolly Lake;

(2) Bald Lake;

(3) Tanaina Lake;

(4) Milo Lake;

(5) Ardaw Lake;

(6) Jacknife Pond;

(7) Frazer Lake;

(8) Little Frazer Lake;

(9) Charr Lake;

(10) Owl Lake;

(11) James Lake;

(12) Chicken Lake;

(13) Big Noluck Lake;

(14) Little Noluck Lake;

(15) Milo Pond;

(16) the Echo Ponds;

(17) Candlestick Lake;

(18) Buckley Lake; and

(19) Skeetna Lake.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.455
Eff. 5/11/85, Register 94

11 AAC 20.550 Motorized boats

(a) The use of motorized boats is allowed in the Nancy Lake State Recreation Area on

(1) Nancy Lake;

(2) Lynx Lake;

(3) Butterfly Lake;

(4) Red Shirt Lake; and

(5) the Little Susitna River.

(b) A person may not use a personal watercraft on Red Shirt Lake.

History

Authority: AS 41.21.020; AS 41.21.455 AS 41.21.040; AS 41.21.460
Eff. 5/11/85, Register 94; am 7/1/89, Register 110; am 4/20/2002, Register 162; am 5/5/2022, Register 242

11 AAC 20.555 Snowmobiles

Repealed.

History

Eff. 5/11/85, Register 94; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

Eff. 4/20/2002, Register 162; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

Article 12 Chilkat State Park and Point Bridget State Park

11 AAC 20.650 Use of weapons

Repealed.

History

Eff. 5/11/85, Register 94; am 2/3/88, Register 105; am 12/25/91, Register 120; am 11/15/2015, Register 216; repealed 5/5/2022, Register 242

11 AAC 20.655 Aircraft

The use of aircraft is allowed on saltwater in Chilkat State Park and Point Bridget State Park, except for the purpose of practice landing.

History

Authority: AS 41.21.020; AS 41.21.111 AS 41.21.040; AS 41.21.183
Eff. 5/11/85, Register 94; am 12/25/91, Register 120

11 AAC 20.660 Power boats

The use of power boats is allowed in Chilkat State Park and Point Bridget State Park.

History

Authority: AS 41.21.020; AS 41.21.111 AS 41.21.040; AS 41.21.183
Eff. 5/11/85, Register 94; am 12/25/91, Register 120

11 AAC 20.665 Campfires

Open fires are allowed on gravel river bars and beaches in Chilkat State Park and Point Bridget State Park.

History

Authority: AS 41.21.020; AS 41.21.111 AS 41.21.040; AS 41.21.183
Eff. 5/11/85, Register 94; am 12/25/91, Register 120

11 AAC 20.670 Horses

(a) The use of horses, mules, and burros is allowed in Point Bridget State Park only in meadow and saltwater beach areas.

(b) The use of horses, mules, and burros is allowed in Chilkat State Park.

History

Authority: AS 41.21.020; AS 41.21.111 AS 41.21.040; AS 41.21.183
Eff. 12/25/91, Register 120

Eff. 4/20/2002, Register 162; repealed 5/5/2022, Register 242

Article 14 Alaska Marine Parks

11 AAC 20.750 Use of weapons

Repealed.

History

Eff. 5/11/85, Register 94; repealed 5/5/2022, Register 242

11 AAC 20.755 Aircraft

(a) The use of aircraft is allowed in Alaska Marine Parks, except for the purpose of practice landing or as otherwise restricted in (b) of this section.

(b) The upper bay of Shoup Bay State Marine Park is closed to the landing of aircraft unless authorized by the director under 11 AAC 18.010.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.300
Eff. 5/11/85, Register 94; am 5/18/97, Register 142

11 AAC 20.760 Motorized boats

(a) Except as provided in (b) and (c) of this section, the use of motorized boats is allowed in Alaska Marine Parks.

(b) The upper bay of Shoup Bay State Marine Park is closed to the use of airboats, hovercraft, hydroplanes, and jet skis.

(c) A person may not operate a motorized boat at a speed greater than five miles per hour in the upper bay of Shoup Bay State Marine Park.

History

Authority: AS 41.21.020; AS 41.21.300 AS 41.21.040; AS 41.21.950
Eff. 5/11/85, Register 94; am 5/18/97, Register 142

11 AAC 20.765 Campfires

Open fires are allowed on gravel beaches in the Alaska Marine Parks.

History

Authority: AS 41.21.020; AS 41.21.300 AS 41.21.040; AS 41.21.302
Eff. 5/11/85, Register 94

Authority: AS 41.23.110; AS 41.23.120; AS 41.23.130
Eff. 5/24/96, Register 138

Authority: AS 41.21.020; AS 41.21.170; AS 41.21.176 AS 41.21.040; AS 41.21.174
Eff. 4/20/2002, Register 162

Article 17 Kenai River Special Management Area

11 AAC 20.850 Use of weapons

Repealed.

History

Eff. 5/11/85, Register 94; am 2/3/88, Register 105; am 8/6/2010, Register 195; repealed 5/5/2022, Register 242

11 AAC 20.855 Aircraft

The use of aircraft is allowed in the Kenai River Special Management Area, with the following exceptions:

(1) aircraft landings are prohibited on state park land within the Kenai River Special Management Area;

(2) practice landings are allowed only on Kenai and Skilak Lakes; and

(3) the waters of the Kenai River between the Warren Ames Bridge at river mile 5 and the Soldotna Bridge at river mile 21 are closed to the use of aircraft during the months of June and July.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.506
Eff. 5/11/85, Register 94; am 12/25/91, Register 120

11 AAC 20.857 Snowmobiles

Repealed.

History

Eff. 4/20/2002, Register 162; repealed 5/5/2022, Register 242

11 AAC 20.860 Boat motor use

(a) Except as prohibited by 11 AAC 20.865, and subject to the limitations and restrictions set out in this section, the operation of a boat by the use of a boat motor is allowed in the Kenai River Special Management Area.

(b) On or after January 1, 2008, a person may not operate a boat in the Kenai River Special Management Area by use of a motor or combination of motors with a total propshaft horsepower rating greater than 50 horsepower. These horsepower rating limitations do not apply to the following:

(1) the operation of a boat on Kenai Lake, on Skilak Lake, and on the Kenai River between the Kenai Lake Bridge and river mile 80.7;

(2) the operation of a boat by a federal, state, or local governmental agency for the purpose of law enforcement or search and rescue, or for the purpose of fish and game management under a special park use permit issued under 11 AAC 18.010.

(c) On or after January 1, 2008, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor that has been altered or disguised with respect to the manufacturer's propshaft horsepower rating, manufacturer cowling decals, or the model or serial numbers to produce more than 50 propshaft horsepower.

(d) A person may not operate a boat in the Kenai River Special Management Area by the use of a motor unless the original propshaft horsepower rating of a motor is clearly labeled by the manufacturer or a factory authorized dealer mechanic in the form of cowling decals appropriate to the propshaft horsepower rating. The original propshaft horsepower rating of the motor may be further indicated by a stamp marking embossed in the metal or as part of the model number of the motor.

(e) On or after January 1, 2008, but before January 1, 2013, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor as follows:

(1) with a total propshaft horsepower rating greater than 35 horsepower, unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Department of Natural Resources, Division of Parks and Outdoor Recreation, Director's Decision on Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference;

(2) during the month of July, unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Department of Natural Resources, Division of Parks and Outdoor Recreation, Director's Decision on Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference;

(3) repealed 8/6/2010.

(f) in this section,

(1) "direct fuel injected two-stroke motor" means a motor whose fuel is directly injected into the top of the cylinder of an internal combustion engine whose cycle is completed in two piston strokes;

(2) "four-stroke motor" means an internal combustion engine whose cycle is completed in four piston strokes; "four-stroke motor" includes a suction stroke, compression stroke, expansion stroke, and exhaust stroke;

(3) "propshaft horsepower rating" means the boat motor's original manufacturer rated and labeled horsepower; however, the addition of a jet drive unit to a boat motor does not change the propshaft horsepower rating of the motor powerhead and driveshaft configuration for the purposes of this section.

(g) On or after January 1, 2013, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor as follows:

(1) unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Department of Natural Resources, Division of Parks and Outdoor Recreation, Director's Decision on Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference;

(2) repealed 8/6/2010.

History

Authority: AS 41.21.020; AS 41.21.506
Eff. 5/11/85, Register 94; am 4/25/86, Register 98; am 7/1/89, Register 110; am 7/1/98, Register 146; am 3/1/2008, Register 185; am 6/5/2008, Register 186; am 8/6/2010, Register 195

11 AAC 20.861 Boat specifications

(a) A person may not operate a motorized boat in the Kenai River Special Management Area that exceeds 21 feet in overall length and 106 inches in overall width. This restriction does not apply to boats operated in accordance with 11 AAC 20.860(b)(1) and (2).

(b) Notwithstanding (a) of this section, the director shall authorize a person to use a motorized boat that exceeds 21 feet in overall length or 106 inches in overall width, if the person provides proof satisfactory to the division that the person owned the boat before the effective date of these regulations. If the director provides an authorization under this subsection, the director shall issue a nontransferable permit under 11 AAC 18. A permit issued by the director under this subsection expires on a date that is specified by the director, but it is no later than December 31, 2009.

(1) "outboard motor" means a boat engine that, when properly mounted on a boat in the position to operate, houses the engine and drive unit external to the hull of the boat;

(2) "overall length" means the straight-line measurement between the extremities of the boat, but does not include trim tabs or outboard motors;

(3) "overall width" means the straight-line measurement between the two widest extremities of the boat, measured at a right angle to the overall length measurement;

(4) "trim tabs" means an extension of the bottom of a boat, at the transom, that is no more than 18 inches long at its longest point and whose sole function is to provide trim to a boat while underway; "trim tabs" do not include an extension that provides increased floatation.

History

Authority: AS 41.21.020; AS 41.21.506
Eff. 3/1/2008, Register 185

11 AAC 20.862 Boating methods

(a) Except for Kenai and Skilak Lakes, a person may not operate a motor powered boat on waters of the Kenai River Special Management Area with more than six persons on board, including the operator, unless authorized by the director under a permit issued under 11 AAC 18.

(b) A person may not anchor a boat in the Kenai River Special Management Area in a manner obstructing a primary traffic channel or drift fishing channel of any section of the river.

(c) Except as provided by (d) of this section, a person may not leave an anchored buoy unattended in the Kenai River Special Management Area, unless authorized by the director under a permit issued under 11 AAC 18.

(d) A person may leave an anchor buoy unattended for not longer than 45 minutes. A person may not leave an anchor buoy to increase the number of occupants in a boat or change occupants in a boat. The anchor buoy must be marked with the boat registration numbers of the vessel utilizing the anchor buoy.

(e) A person may not tie-up a boat to state land, including easements and rights of way, for more than 24 consecutive hours unless authorized by the director under a permit issued under 11 AAC 18.

(f) A person may not anchor a boat, houseboat, platform, or any structure or vessel on Kenai or Skilak Lake for more than 15 days in a 30-day period, other than adjacent to private property with prior approval of the property owner, unless authorized by the director under a permit issued under 11 AAC 18.

(g) Except in the event of a danger to life, health, or public safety, a person may not use a motor to propel or tow a boat for any purpose

(1) on days or in areas designated under 5 AAC 57.121 for non-motorized fishing; or

(2) in areas designated under 11 AAC 20.865 for non-motorized use.

History

Authority: AS 41.21.020; AS 41.21.506
Eff. 5/24/96, Register 138; am 7/1/98, Register 146; am 1/16/2005, Register 173; am 8/19/2009, Register 191; am 5/5/2022, Register 242

11 AAC 20.865 Non-motorized areas

(a) The operation of a boat by the use of a motor is prohibited

(1) on the Kenai River between river mile 80.7 and Skilak Lake; and

(2) on the Kenai River between Skilak Lake and river mile 47.0 from March 15 through June 14.

(b) Repealed 3/1/2008.

(1) an airboat, hovercraft, or hydroplane; or

(2) a personal watercraft, except as provided in 11 AAC 20.867.

History

Authority: AS 41.21.020; AS 41.21.506
Eff. 4/25/86, Register 98; am 2/3/88, Register 105; am 7/1/98, Register 146; am 5/3/2001, Register 158; am 3/1/2008, Register 185

11 AAC 20.867 Personal watercraft

(a) A person may operate a personal watercraft within the Kenai River Special Management Area only on Kenai Lake on the portion of the lake that is north of a line running from the Primrose Campground boat launch to a prominent marker on the east shore of Kenai Lake, and east of a line running from the Chugach Electric Association powerhouse to a marker on the south side of Porcupine Island, and thence north to the United States Forest Service campground on the north side of Porcupine Island.

(b) Within the area on Kenai Lake described in (a) of this section in which a personal watercraft may be operated, a person may not operate a personal watercraft

(1) within 300 feet of shore

(A) greater than five miles per hour; or

(B) in a manner that creates a wake; or

(2) between the hours of 10:00 p.m. and 10:00 a.m.

History

Authority: AS 41.21.020; AS 41.21.506
Eff. 7/1/98, Register 146; am 5/3/2001, Register 158

11 AAC 20.870 Boating and aircraft speed limits

(a) A person may not operate a boat at a speed greater than five miles per hour in the no wake area between the Kenai Lake Bridge and river mile 80.7 on the Kenai River.

(b) No person may operate a boat or aircraft at a speed greater than five miles per hour in the no wake area of the Moose River between the Sterling Highway Bridge and the confluence with the Kenai River.

(c) No person may operate a boat or aircraft at a speed greater than five miles per hour in the no wake area of the side (north) channel of the Kenai River from river mile 11 downstream through lower Beaver Creek to its confluence with the main channel of the Kenai River at approximately river mile 10.

(d) A person may not operate a boat or aircraft at a speed greater than five miles per hour in the no wake area within the channel north of the island located between river mile 15.2 and river mile 14.7, which includes the upstream and downstream entrances to Castaway Cove.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.506
Eff. 4/26/86, Register 98; am 12/25/91, Register 120; am 7/1/98, Register 146; am 8/19/2009, Register 191

11 AAC 20.875 Water skiing

Except for Kenai Lake, no person may water ski on the water of the Kenai River Special Management Area.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.506
Eff. 2/3/88, Register 105

11 AAC 20.880 Camping

Within the Kenai Special Management Area a person may not camp

(1) on an island; or

(2) within the following upland units:

(A) Big Eddy;

(B) Ciechanski;

(D) Eagle Rock;

(E) Funny River adjacent to river miles 29.6 to 30.1;

(F) Honeymoon Cove;

(G) Kenai Keys;

(H) Kenai River Flats;

(I) Nilnunqa;

(J) Pipeline Crossing;

(K) Slikok Creek;

(L) The Pillars; or

(M) other areas in which camping is designated as prohibited.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.506
Eff. 2/3/88, Register 105; am 7/1/98, Register 146

11 AAC 20.885 Kenai River guide permits

(a) A person may not provide professional guide services within the Kenai River Special Management Area without first obtaining a valid Kenai River guide permit issued by the division.

(b) To qualify for a Kenai River guide permit, for professional guide services other than services as a sport fishing guide, a person must meet the applicable requirements of 11 AAC 18 and pay the applicable fees required under 11 AAC 05.170(b)(6).

(1) must meet the applicable requirements of 11 AAC 18;

(2) must pay the applicable fees required under 11 AAC 05.170(b)(6);

(3) must be at least 18 years of age;

(4) must provide proof of

(A) a negative drug test

(i) from a program not excluded under 46 C.F.R. 16.109 or 49 C.F.R. 40.361 - 40.413; and

(ii) administered no more than 30 days before the date on which the department receives the person's application; or

(B) registration in a random drug testing program made applicable to the permit under 11 AAC 18.030(b)(1);

(5) must be in compliance with Department of Fish and Game sport fishing licensing requirements under AS 16.05;

(6) must present to the division for inspection a driver's license or similar identification card that is issued by a state or federal agency and that bears a photograph of the person;

(7) may not have been convicted of a felony within the past five years;

(8) may not have been convicted of more than one misdemeanor violation of a provision of 5 AAC 47 - 5 AAC 75 within the past five years; and

(9) must have successfully completed a course approved by the director that is specifically designed to train persons to provide professional guide services as sport fishing guides within the Kenai River Special Management Area, except that a person

(A) is not required to have successfully completed the course on or before the date on which the division receives the application, if the director has not approved on or before that date at least one course under this paragraph; that person, unless subject to (B) of this paragraph, must successfully complete the course within 12 months after the date on which the director approves at least one course under this paragraph;

(B) who held a valid permit under this section on or before December 31, 2005 for professional guide services as a sport fishing guide, and who held that permit for

(i) at least one year but less than six years, must successfully complete the course within 24 months after the date on which the director approves at least one course under this paragraph;

(ii) at least six but less than 11 years, must successfully complete the course within 36 months after the date on which the director approves at least one course under this paragraph; or

(iii) 11 or more years, must successfully complete the course within 60 months after the date on which the director approves at least one course under this paragraph.

(d) A person may not operate a boat used in the Kenai River Special Management Area to provide professional guide services without displaying a boat number and identification sticker as assigned, specified, or provided by the division.

(e) A person may not operate a vessel upon the waters of the Kenai River Special Management Area with an expired, suspended, or revoked Kenai River guide boat number or identification sticker in public view.

(f) A current or former holder of a Kenai River guide permit may not sell or otherwise dispose of a registered guide boat without first removing the three-digit guide boat number and identification sticker from the boat, unless the sale or transfer of the registered guide boat is to another current holder of a Kenai River guide permit, and the division is notified of the sale or transfer of the boat by the former owner within five days after the sale or transfer.

(g) Once registered, a guide boat registration remains valid for the remainder of the calendar year, and may be transferred between permitted guides. A guide may not re-register a de-registered guide boat within that calendar year, except that a de-registered boat sold to a guide may be re-registered in that same calendar year.

(h) A person permitted under 11 AAC 18.030 and this section to provide sport fishing guide services in the Kenai River Special Management Area may not fail to remain within sight or sound of the person's clients during the course of guided activities in the Kenai River Special Management Area to ensure compliance with state law and the permit.

(i) The director may suspend a Kenai River guide permit, for professional guide services as a sport fishing guide, with the suspension to occur on dates that the director may determine, for up to

(1) three days, if the permittee is convicted of a first infraction of one of the following statutory or regulatory provisions, and the permittee committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area:

(A) a provision of 5 AAC 47 - 5 AAC 75, 11 AAC 07, 11 AAC 12, 11 AAC 16, 11 AAC 18, or 11 AAC 20;

(B) a provision of AS 05.25.010 (Safety Requirements) or 05.25.055 (Registration and Numbering of Boats), a provision of 2 AAC 70, or another provision of regulations adopted under AS 05.25.010 or 05.25.055;

(C) AS 11.46.320 (Criminal Trespass in the First Degree) or 11.46.330 (Criminal Trespass in the Second Degree), for an act on private property adjacent to the Kenai River Special Management Area;

(D) providing a boat or otherwise arranging guided fishing services on days or hours closed to guiding under 5 AAC 56.036(j) or (k);

(2) seven days, if the permittee

(A) is convicted of

(i) a second infraction of a statutory or regulatory provision specified in (1) of this subsection; or

(ii) an infraction of AS 11.41.230 (Assault in the Fourth Degree) or 11.41.250 (Reckless Endangerment); and

(B) committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area; or

(3) 30 days, if the permittee

(A) is convicted of

(i) a third infraction of a statutory or regulatory provision specified in (1) of this subsection;

(ii) a first infraction of AS 05.25.060(1), other than an infraction described in (k)(1)(C) of this section; or

(iii) an infraction of AS 11.41.220 (Assault in the Third Degree); and

(B) committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area.

(j) The director may suspend a Kenai River guide permit, for professional guide services as a sport fishing guide, immediately and indefinitely for the permittee's failure to comply with 11 AAC 18.030(b)(1) or (9) while providing sport fishing guide services under the permit within the Kenai River Special Management Area.

(k) The director may revoke a Kenai River guide permit, for professional guide services as a sport fishing guide, permanently if the permittee

(1) is convicted

(A) of an infraction of AS 28.35.030 (Operating a Vehicle, Aircraft or Watercraft While Under the Influence of an Alcoholic Beverage, Inhalant, or Controlled Substance);

(B) of a second infraction of AS 05.25.060(1);

(D) of an infraction of 46 C.F.R. 15.605 (Licensed Operators for Uninspected Passenger Vessels) or 46 C.F.R. 15.905(a);

(E) four or more times within three years of infractions of any combination of the statutory or regulatory provisions specified in (i) of this section; or

(F) of an infraction of AS 11.41.200 (Assault in the First Degree) or 11.41.210 (Assault in the Second Degree); and

(2) committed each infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area.

(l) In this section, "drug test" and "drug testing" have the meaning given "drug test" in 46 C.F.R. 16.105. The definition of "drug test" in 46 C.F.R. 16.105, as revised as of October 1, 2005, is adopted by reference.

(m) The director shall waive the course requirement set out in (c)(9) of this section if

(1) a representative of a business permitted under 11 AAC 18.030

(A) submits a permit application for a person who meets all of the requirements of 11 AAC 18 and this section for a Kenai River guide permit, for professional guide services as a sport fishing guide, except the course requirement set out in (c)(9) of this section; and

(B) affirms that the business has been unable to secure the services of a person who meets all of the requirements of 11 AAC 18 and this section for a Kenai River guide permit, for professional guide services as a sport fishing guide, including the course requirement set out in (c)(9) of this section; and

(2) the person for whom the application is submitted

(A) will replace a holder of a valid Kenai River guide permit, for professional guide services as a sport fishing guide, whose services for the business were lost because of unforeseen circumstances; and

(B) completes an orientation course provided by the division.

(n) No later than two working days after receiving a complete application and affirmation under (m) of this section, and if the person for whom the application is submitted meets all of the requirements of 11 AAC 18 and this section for a Kenai River guide permit, for professional guide services as a sport fishing guide, except the course requirement set out in (c)(9) of this section, the director shall issue the person that permit. In this subsection, "working day" means a day other than Saturday, Sunday, or a state holiday.

(o) If a person holds a Kenai River guide permit issued under (m) and (n) of this section, for professional guide services as a sport fishing guide, the person

(1) may serve as a permitted guide only for the remainder of the calendar year; and

(2) must successfully complete the course requirement in (c)(9) of this section before the person may be issued a Kenai River guide permit in subsequent years, for professional guide services as a sport fishing guide.

History

Authority: AS 41.21.020; AS 41.21.506
Eff. 7/1/89, Register 110; am 5/24/96, Register 138; am 3/13/2006, Register 177; am 8/6/2010, Register 195; am 7/1/2018, Register 227; am 5/5/2022, Register 242

11 AAC 20.890 Boat rentals

(a) A person may not provide boats for use in the Kenai River Special Management Area as a commercial activity without first obtaining a commercial use permit under 11 AAC 18 with specific authorization for rental activities.

(b) For purposes of this section, "commercial activity" has the meaning given in 11 AAC 12.990.

History

Authority: AS 41.21.020; AS 41.21.506
Eff. 5/24/96, Register 138; am 5/5/2022, Register 242

Article 18 Special Provisions

11 AAC 20.905 Use of alcoholic beverages

Unless authorized by the director, a person may not possess or consume alcoholic beverages at

(1) Miller Point at Fort Abercrombie State Historic Park;

(2) Castle Hill State Historic Site;

(3) Repealed 11/15/2015;

(4) Old Sitka State Historic Site;

(5) Totem Bight State Historic Site;

(6) Independence Mine State Historical Park Visitor Center;

(7) Big Lake North State Recreation Site;

(8) Big Lake South State Recreation Site;

(9) Rocky Lake State Recreation Site; or

(10) Chena River State Recreation Site.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94; am 2/3/88, Register 105; am 5/24/96, Register 138; am 4/20/2002, Register 162; am 11/15/2015, Register 216; am 5/5/2022, Register 242

11 AAC 20.910 Horse use in Kenai state parks

(a) The use of horses, mules, and burros is allowed in all state parks on the Kenai Peninsula with the exception of

(1) Nilnunqua State Historic Site;

(2) campgrounds, swim beaches, and picnic areas;

(3) officially designated and marked hiking trails; and

(4) areas above timberline.

(b) The use of horses is subject to the following conditions:

(1) groups using 10 or more animals must obtain authorization from the director under 11 AAC 18.010 before entering a park;

(2) tethering horses, mules, and burros within 100 feet of fresh water is prohibited;

(3) loose herding of animals is prohibited.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94; am 5/24/96, Register 138

11 AAC 20.914 Old Kasilof Landing boat launching and retrieval

A person may not launch a boat into the Kasilof River at the Old Kasilof Landing in the Kasilof River State Recreation Site unless permitted by the director under 11 AAC 18. A person may only retrieve a boat from the Kasilof River at the Old Kasilof Landing if the boat is

(1) non-motorized; or

(2) equipped with not more than one motor, with a total propeller shaft horsepower rating of 10 horsepower or less.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/5/2022, Register 242

11 AAC 20.915 Use of power boats at Bernice Lake State Recreation Site

Repealed.

History

Eff. 5/11/85, Register 94; repealed 4/20/2002, Register 162

11 AAC 20.916 Use of aircraft at Johnson Lake State Recreation Area

The use of aircraft is allowed on Johnson Lake, except for the purpose of practice landing.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 20.917 Use of power boats at Johnson Lake State Recreation Area

The use of boats powered by electric trolling motors is allowed on the waters of Johnson Lake State Recreation Area.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/24/96, Register 138

11 AAC 20.918 Recreational gold panning in Kenai state parks

Recreational gold panning is allowed in state parks on the Kenai Peninsula with the following stipulations:

(1) no motorized equipment is used;

(2) a person uses no more equipment than a gold pan and a shovel;

(3) no person may use a shovel to recreational gold pan within the Kenai National Wildlife Refuge located between river mile 45.5 and 74;

(4) no chemicals are used;

(5) anadromous fish streams are only open to recreational gold panning between May 16 and July 14 annually;

(6) no person may stake or file a mining claim or leasehold location in a state park; and

(7) no person may extract or disturb natural materials for the purpose of recreational gold panning above the ordinary high water line or where vegetative material exists.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94; am 2/3/88, Register 105

11 AAC 20.919 Recreational gold panning in Independence Mine State Historical Park

Recreational gold panning is allowed in Independence Mine State Historical Park with the following stipulations:

(1) no motorized equipment is used;

(2) a person uses no more equipment than a gold pan and a shovel;

(3) no chemicals are used;

(4) no person may stake or file a mining claim or leasehold location in a state park; and

(5) no person may extract or disturb natural materials for the purpose of recreational gold panning above the ordinary high water line or where vegetative material exists.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 2/3/88, Register 105

11 AAC 20.920 Horse use and power boat use at Kepler/Bradley State Recreation Area

(a) The use of horses, mules, and burros is allowed on designated trails at Kepler/Bradley State Recreation Area.

(b) The use of horses is subject to the following conditions:

(1) groups using 10 or more animals must obtain authorization from the director under 11 AAC 18.010 before entering a park;

(2) tethering horses, mules, and burros within 100 feet of fresh water is prohibited;

(3) loose herding of animals is prohibited.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94; am 7/1/89, Register 110

11 AAC 20.921 Use of aircraft at Rocky Lake State Recreation Site

The use of aircraft is allowed on Rocky Lake, except for the purpose of practice landing.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 20.922 Use of power boats at Rocky Lake State Recreation Site

The use of power boats is allowed at Rocky Lake State Recreation Site with the following exceptions:

(1) jet skis,

(2) jet boats with inboard motors,

(3) airboats.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94; am 7/1/89, Register 110

11 AAC 20.923 Use of motorized boats at Big Lake North and South State Recreation Sites

Repealed.

History

Eff. 5/18/97, Register 142; repealed 4/20/2002, Register 162

11 AAC 20.924 Use of aircraft at Big Lake North and South State Recreation sites

The use of aircraft is allowed at Big Lake North and South State Recreation Sites, except for the purpose of practice landings.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/18/97, Register 142

11 AAC 20.925 Use of aircraft at Bonnie Lake State Recreation Site

The use of aircraft is allowed on Bonnie Lake, except for the purpose of practice landing.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 20.926 Use of motorized boats at Bonnie Lake State Recreation Site

The use of motorized boats is allowed on Bonnie Lake, except for jet skis.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94; am 5/18/97, Register 142

11 AAC 20.929 Use of aircraft at Long Lake State Recreation Site

The use of aircraft is allowed on Long Lake, except for the purpose of practice landing.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 20.930 Use of power boats at Long Lake State Recreation Site

The use of power boats is allowed on Long Lake.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/11/85, Register 94

11 AAC 20.935 Snowmobiles

Repealed.

History

Eff. 5/18/97, Register 142; am 7/1/98, Register 146; am 4/20/2002, Register 162; am 8/19/2009, Register 191; repealed 5/5/2022, Register 242

11 AAC 20.940 Use of weapons on the Chilkoot Trail

Repealed.

History

Eff. 5/11/85, Register 94; repealed 5/5/2022, Register 242

11 AAC 20.945 Use of weapons at Harding Lake State Recreation Area

The use and discharge of weapons for the purpose of lawful hunting or trapping is allowed in Harding Lake State Recreation Area, except within one-half mile of a developed facility.

History

Authority: AS 41.21.020; AS 41.21.022; AS 41.21.040
Eff. 2/3/88, Register 105

11 AAC 20.950 Use of weapons at Lower Chatanika River State Recreation Area

Repealed.

History

Eff. 2/3/88, Register 105; am 12/25/91, Register 120; repealed 5/5/2022, Register 242

11 AAC 20.951 Use of off-road vehicles at Lower Chatanika State Recreation Area

The use of off-road vehicles is allowed in Lower Chatanika State Recreation Area on designated trails and in areas posted as open to off-road vehicles.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 5/18/97, Register 142

11 AAC 20.955 Use of weapons at Eagle Trail State Recreation Site

The use and discharge of a weapon for the purpose of lawful hunting or trapping is allowed in Eagle Trail State Recreation Site, except within one-half mile of a developed facility.

History

Authority: AS 41.21.020; AS 41.21.022; AS 41.21.040
Eff. 2/3/88, Register 105

11 AAC 20.956 Use of Alyeska Ski Resort Recreational Facility

(a) The Alyeska Ski Resort Recreational Facility is that area covered by Alaska Division of Land Lease 226089 and is a recreational facility for the purposes of AS 41.21.950 - 41.21.960.

(b) Within the Alyeska Ski Resort Recreational Facility, a skier, as defined by AS 09.65.135(c)(3), may not

(1) ski on a slope or trail that the ski area operator has closed to the public at each identified entrance to the trail or slope by

(A) posting with any form of closure signage, including a sign of any shape or color that incorporates the international closed symbol or the word "closed";

(B) other reasonably posted signage; or

(2) use a ski or other sliding device unless it is equipped with a strap or other device capable of stopping it if it becomes detached from the skier;

(3) cross the uphill track of a J-bar, T-bar, platter pull, rope tow, or surface lift except at a location designated by the operator, or place an object in an uphill track;

(4) ski recklessly in a way that endangers the safety of others.

(c) A violation of a closure or restriction under this section is a violation of 11 AAC 12.335(e). A citation for violating this section is amenable to disposition without court appearance upon payment and forfeiture of the bail amount under 11 AAC 12.335(e) as set out in Rule of Administration 43.3 (Parks Bail Forfeiture Schedule).

History

Authority: AS 38.05.020; AS 41.21.020; AS 41.21.955
Eff. 12/24/93, Register 129

11 AAC 20.958 Use of bicycles on Perseverance State Trail

Repealed.

History

Eff. 5/24/96, Register 138; repealed 5/5/2022, Register 242

11 AAC 20.960 Use of power boats at Southeast Alaska parks

The use of power boats is allowed at

(1) Settlers Cove State Recreation Site, except within 100 feet of shore at all tide levels between shore signs or marked buoys placed by the department to restrict motorized activity from May - September annually;

(2) Point Bridget State Park; and

(3) Old Sitka State Historic Site.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.183
Eff. 7/1/89, Register 110; am 5/24/96, Register 138

11 AAC 20.962 Use of horses at Clearwater State Recreation Site

(a) A person may use a horse, mule, or burro in designated areas at Clearwater State Recreation Site.

(b) The use of horses, mules, and burros at Clearwater State Recreation Site is subject to the following conditions:

(1) a group using 10 or more animals must obtain authorization from the director under 11 AAC 18.010 before entering the state recreation site;

(2) tethering horses, mules, and burros within 100 feet of fresh water is prohibited;

(3) loose herding of animals is prohibited.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 4/20/2002, Register 162

11 AAC 20.970 Use of weapons at Woody Island State Recreation Site

Repealed.

History

Eff. 5/24/96, Register 138; repealed 5/5/2022, Register 242

11 AAC 20.971 Use of bicycles at state recreation areas

Repealed.

History

Eff. 5/24/96, Register 138; am 4/20/2002, Register 162; repealed 5/5/2022, Register 242

11 AAC 20.980 Use of weapons

Repealed.

History

Eff. 7/1/98, Register 146; am 4/20/2002, Register 162; repealed 5/5/2022, Register 242

11 AAC 20.983 Use of aircraft

(a) The use of fixed wing aircraft is allowed in the following state recreation areas, except for the purpose of practice landings:

(1) Blair Lake State Recreation Area;

(2) Tokositna State Recreation Area;

(3) Lake Aleknagik State Recreation Site;

(4) Fielding Lake State Recreation Area;

(5) Lake Louise State Recreation Area.

(b) In the Lake Aleknagik State Recreation Site, a person may not operate an aircraft in excess of "Slow No-wake" speed, five mile per hour maximum, within 200 feet of a state managed dock, swimming beach, or boat launch, or within an area designated and marked as a "Slow No-wake" zone.

(c) An aircraft may taxi, but may not take off or land, within 400 feet of the shore in an area commencing 400 feet east of Mosquito and Moody Points and running west along both shores of Lake Aleknagik State Recreation Site.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 7/1/98, Register 146; am 4/20/2002, Register 162; am 12/20/2002, Register 164

11 AAC 20.985 Use of motorized boats

(a) The use of motorized boats is allowed in the following state recreation sites, recreation areas, and historic sites:

(1) Blair Lake State Recreation Area;

(2) Nancy Lake State Recreation Site;

(3) Big Lake North State Recreation Site;

(4) Big Lake South State Recreation Site;

(5) Lake Aleknagik State Recreation Site;

(6) Birch Lake State Recreation Site;

(7) Fielding Lake State Recreation Area;

(8) Eagle Beach State Recreation Area;

(9) Lake Louise State Recreation Area;

(10) Harding Lake State Recreation Area;

(11) Wrangell Petroglyph Beach State Historic Site;

(12) Tokositna State Recreation Area, except the Tokositna River is closed to the use of airboats between April 20 and July 10 annually, unless authorized by the director under 11 AAC 18.010.

(b) A person may not operate a motorized boat in excess of "Slow No-wake" speed, five miles per hour maximum, within two hundred feet of a state managed dock, swimming beach, or boat launch, or within an area designated and marked as a "Slow No-wake zone".

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 7/1/98, Register 146; am 4/20/2002, Register 162

11 AAC 20.987 Use of horses, mules, and burros

(a) The use of horses, mules, and burros is allowed in the following state recreation areas:

(1) Blair Lake State Recreation Area; and

(2) Tokositna State Recreation Area.

(b) The use of horses, mules and burros in a state recreation area described in (a) of this section is subject to the following conditions:

(1) a group using 10 or more animals shall obtain a park use permit under 11 AAC 18.010 before entering the recreation area;

(2) tethering horses, mules, and burros within 100 feet of fresh water is prohibited; and

(3) loose herding of animals is prohibited.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 7/1/98, Register 146

11 AAC 20.988 Use of hovercraft

Between January 1 and May 31, a person may operate a hovercraft on the waters of, or on snow and ice covering the waters of, Lake Aleknagik State Recreation Site.

History

Authority: AS 41.21.020; AS 41.21.040
Eff. 12/20/2002, Register 164

11 AAC 20.990 Definitions

(a) In AS 41.23 and this chapter, "ordinary high water" means that line or mark on the shore of a non-tidal river or stream that reflects the highest level of water during an ordinary year and is established by fluctuations of water and indicated by one or more of the following physical characteristics:

(1) a clear, natural line impressed on the bank;

(2) shelving;

(3) changes in the character of soil;

(4) destruction of terrestrial vegetation;

(5) the presence of litter and debris; or

(6) other appropriate means that consider the characteristics of the surrounding area.

(b) In AS 41.23.200(d)(1) and this chapter, "airboat" means a shallow-draft boat driven by an airplane propeller and steered by a rudder.

(1) "anadromous streams" means those water bodies identified by the Department of Fish and Game under 5 AAC 95.011;

(2) "boat" or "vessel" has the meaning given in 11 AAC 12.990;

(3) "camp" or "camping" has the meaning given in 11 AAC 12.990;

(4) "campground" has the meaning given in 11 AAC 12.990;

(5) "client day" means any portion of a day in which a person is receiving commercial services permitted under 11 AAC 18.010 on state park land or water;

(6) "developed facility" has the meaning given in 11 AAC 12.990;

(7) "director" means the director of the division, or the director's authorized agent;

(8) "division" means the Division of Parks and Outdoor Recreation, Department of Natural Resources;

(9) "drainage" has the meaning given in 11 AAC 12.990;

(10) "drift fishing channel" means a channel commonly used by boats drifting downstream with the current;

(11) "firearm" has the meaning given in 11 AAC 12.990;

(12) "guide services" has the meaning given in 11 AAC 12.990;

(13) "Hatcher Pass East Management Area" means the state lands described in AS 41.23.130, Hatcher Pass Management Area Plan, and within the Little Susitna River watershed, including Summit Lake State Recreation Site and Independence Mine State Historic Park;

(14) "hovercraft" means a vehicle supported above the surface of land or water by a cushion of air produced by downward-directed fans;

(15) "hydroplane" means a speed boat with hydrofoils or a stepped bottom, so that the hull is raised wholly or partially out of the water allowing it to skim along the water at a high rate of speed;

(16) "natural resources" has the meaning given in 11 AAC 12.990;

(17) "off-road vehicle" has the meaning given in 11 AAC 12.990;

(18) "permit" has the meaning given in 11 AAC 12.990;

(19) "personal watercraft" means a vessel that is

(A) less than 16 feet in length;

(B) propelled by a water-jet pump or other machinery as its primary source of motor propulsion; and

(C) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than by a person sitting or standing inside it;

(20) "primary traffic channel" means a channel of a river commonly used by motorized boats for travel;

(21) "professional guide services" has the meaning given in 11 AAC 12.990;

(22) "snowmobile" has the meaning given in 11 AAC 12.990;

(23) "sport fishing guide" has the meaning given in 11 AAC 12.990;

(24) "state park" means any land or water managed by the division;

(25) "structure," except as provided in 11 AAC 20.367, has the meaning given in 11 AAC 12.990;

(26) "tethering" means fastening or restraining an animal so that it can range only within a set radius;

(27) "traffic control device" has the meaning given in 11 AAC 12.990;

(28) "vehicle" has the meaning given in 11 AAC 12.990;

(29) "weapon" has the meaning given in 11 AAC 12.990.

History

Authority: AS 41.21.020; AS 41.21.183; AS 41.21.470 AS 41.21.022; AS 41.21.185; AS 41.21.475 AS 41.21.040; AS 41.21.187; AS 41.21.490 AS 41.21.112; AS 41.21.188; AS 41.21.491 AS 41.21.123; AS 41.21.190; AS 41.21.492 AS 41.21.132; AS 41.21.193; AS 41.21.494 AS 41.21.140; AS 41.21.300; AS 41.21.502 AS 41.21.150; AS 41.21.306; AS 41.21.504 AS 41.21.153; AS 41.21.410; AS 41.21.506 AS 41.21.162; AS 41.21.420; AS 41.21.514 AS 41.21.165; AS 41.21.430; AS 41.21.856 AS 41.21.167; AS 41.21.440; AS 41.21.950 AS 41.21.174; AS 41.21.450; AS 41.21.990 AS 41.21.176; AS 41.21.460 AS 41.21.180; AS 41.21.466
Eff. 5/11/85, Register 94; am 2/3/88, Register 105; am 7/1/89, Register 110; am 12/25/91, Register 120; am 5/24/96, Register 138; am 7/1/98, Register 146; am 5/3/2001, Register 158; am 4/20/2002, Register 162; am 12/20/2002, Register 164; am 3/13/2006, Register 177; am 8/19/2009, Register 191; am 11/15/2015, Register 216; am 5/5/2022, Register 242

Chapter 21 Alaska Chilkat Bald Eagle Preserve

Article 1 Eagle Preserve Land and Water Restrictions

11 AAC 21.010 Refuse and waste

(a) No person may bring waste or refuse from household, commercial, industrial, or construction activities into the preserve for disposal.

(b) No person may place waste or refuse in preserve water, or on land or water capable of contaminating preserve water.

(c) Unless it is deposited in a public waste receptacle, waste or refuse generated in the course of activities in the preserve must be removed from the preserve by those who generated the waste or refuse.

(d) This section does not apply to animal waste normally discarded by hunters, trappers, or fishermen in the course of legal hunting, trapping, or fishing, except that such waste may not be left within 100 feet of a trail, road, or developed facility.

History

Authority: AS 41.21.020; AS 41.21.610 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105

11 AAC 21.015 Use of weapons

(a) The use and discharge of weapons for the purpose of lawful hunting or trapping is allowed in the preserve, except within one-quarter mile of a developed facility, or as otherwise provided in this section.

(b) Target shooting is allowed only in areas posted by the division for target shooting.

(c) Except within 300 feet of a developed facility, a person may discharge a bow and arrow in the preserve for the purpose of lawful hunting.

History

Authority: AS 41.21.020; AS 41.21.616 AS 41.21.610; AS 41.21.618
Eff. 2/3/88, Register 105; am 5/5/2022, Register 242

11 AAC 21.020 Motorized vehicles

Authorization under 11 AAC 21.120 is not required for the use of motorized vehicles in the preserve, except that the landing of aircraft within the Critical Habitat Area is prohibited unless authorized by the director under 11 AAC 21.120.

History

Authority: AS 41.21.020; AS 41.21.616 AS 41.21.610; AS 41.21.618
Eff. 2/3/88, Register 105

11 AAC 21.025 Disturbance of natural objects

(a) No person may damage or deface natural objects, including trees, plants, and moss, nor remove rocks, gravel, or minerals, except as authorized under (b) - (d) of this section or by the director under 11 AAC 21.120.

(b) Authorization under 11 AAC 21.120 is not required for a person to gather bark, edible plants, or roots for personal use.

(c) Dead or down wood may be gathered for personal use in designated areas. Haines District Ranger office will provide information on designated areas.

(d) A person may disturb natural objects in a manner that is reasonable and customary for setting traps while lawfully trapping.

History

Authority: AS 41.21.020; AS 41.21.616 AS 41.21.610; AS 41.21.618
Eff. 2/3/88, Register 105

11 AAC 21.030 Cultural, archaeological, and historical material

No person may disturb, damage, deface, or remove cultural, archaeological, or historical material from the preserve, except as authorized by the director under 11 AAC 21.120.

History

Authority: AS 41.21.020; AS 41.21.616; AS 41.35.200 AS 41.21.610; AS 41.35.050
Eff. 2/3/88, Register 105

11 AAC 21.035 Vandalism

No person may disturb, damage, or deface within, or remove from, the preserve state-owned or state-leased property or facilities.

History

Authority: AS 41.21.020; AS 41.21.610; AS 41.21.616
Eff. 2/3/88, Register 105

11 AAC 21.040 Construction of structures

No person may construct or place a dock, cabin, home, building, or other structure in the preserve unless authorized by the director under 11 AAC 21.120.

History

Authority: AS 41.21.020; AS 41.21.610 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105

11 AAC 21.045 Construction of signs

No person may construct or display a sign in the preserve, with the exception of a state regulatory marker placed by an authorized state employee, unless authorized by the director under 11 AAC 21.120.

History

Authority: AS 41.21.020; AS 41.21.610 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105

11 AAC 21.050 Explosives

A person may not discharge an explosive, gas operated explosive device, or similar device in the preserve, except as authorized by the director under 11 AAC 21.120.

History

Authority: AS 41.21.020; AS 41.21.610 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105; am 4/20/2002, Register 162

11 AAC 21.051 Fireworks

A person may not discharge a firework in the preserve except as authorized by the director under 11 AAC 21.120.

History

Authority: AS 41.21.020; AS 41.21.610 AS 41.21.040; AS 41.21.616
Eff. 4/20/2002, Register 162

11 AAC 21.055 Public use cabins

No person may use or occupy a public use cabin that is managed by the division on a reservation and fee payment basis without first having obtained a reservation and paid the fee. Each day of unauthorized use constitutes a separate offense.

History

Authority: AS 41.21.020; AS 41.21.610 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105

11 AAC 21.060 Use of personal watercraft

A person may operate a personal watercraft within the preserve only on the waters of Chilkat Lake, on the outlet stream from Chilkat Lake to the Tsirku River, and within one-quarter mile of the Tsirku River Landing.

History

Authority: AS 41.21.020; AS 41.21.610 AS 41.21.040; AS 41.21.616
Eff. 9/1/2002, Register 163

Article 2 Preserve Activities; Management

11 AAC 21.100 Commercial activities

(a) Engaging in soliciting, selling, or peddling liquids or edibles for human consumption, or distributing circulars, or hawking, peddling, or vending goods, wares, services, or merchandise in the preserve is prohibited, except as provided in regulations adopted by the Department of Education under AS 23.15, as provided in (b) of this section, or as provided in a concession contract for guided tours entered into under 11 AAC 14.200 - 11 AAC 14.260. Subsections (b) - (e) of this section apply to a concession contract for a commercial activity in the preserve.

(b) The director may negotiate a permit for commercial activity if

(1) it does not exclude others from lawful enjoyment of the preserve;

(2) issuance of the permit is compatible with the purposes for which the preserve was established;

(3) the director does not anticipate the need to limit the number of individuals or firms providing the service in order to protect public use of the preserve or to protect public use of the preserve or to protect preserve resources;

(4) the applicant pays the nonrefundable fees, established under 11 AAC 05.170 with the advice of the council, which will give the state a fair and reasonable return in light of the cost of administering the activity permitted, the impact of the proposed activity on the preserve, the incidental benefit that might be provided the preserve, goods or services provided to the state, and the gross business receipts attributable to the activity;

(5) the term of the permit is for no longer than two years, with a two-year renewal clause at the discretion of the director, and is revocable at any time the director determines that public safety, health, or welfare is imperiled, or that the natural or cultural resources of the preserve are being damaged; and

(6) the state is held harmless from all claims, demands, suits, loss, liability, and expense for injury to, or death of, a person arising out of or connected with the uses covered by the permit.

(c) The director may require that a permit contain conditions that require the permittee or the permittee's agents or employees to

(1) possess required borough, state, or federal licenses, registrations, or certifications that are applicable to the activity authorized by this section;

(2) indemnify, hold harmless, and defend the state, its officers, agents, and employees from liability of any nature or kind;

(3) mark vehicles used in providing commercial services with specific identification;

(4) be in or aboard a vehicle being used for activities authorized by this section;

(5) be liable for the repair of any damage to land, water, facilities, or resources resulting from the actions of the permittee or his or her agents, employees, or clients;

(6) report any accidents involving personal injury or incidents of wildlife hazards, or the loss of equipment;

(7) have a first aid certification recognized by state or national registration;

(8) provide proof of liability insurance at a minimum of $100,000 per individual and $300,000 per event, and designating the State of Alaska as "the additional named insured with notice of cancellation;" the director may require a higher amount of liability insurance for activities that involve a high degree of risk for the participants.

(d) Public use restrictions implemented in accordance with 11 AAC 21.105 apply to commercial use permittees.

(e) No permittee or permittee's agent or employee may violate the conditions of the permit. Upon any violation of a permit condition, the director may suspend or revoke the permit. Each day in violation of the permit conditions set out in (c) of this section constitutes a separate violation.

History

Authority: AS 41.21.020; AS 41.21.040; AS 41.21.616 AS 41.21.026; AS 41.21.610
Eff. 2/3/88, Register 105; am 7/1/2018, Register 227

11 AAC 21.105 Closure and use management

(a) Upon a determination that the action is necessary to aid scientific research, or for the protection of natural or cultural resources, protection of environmental or scenic values, maintenance of public health and safety, implementation of management responsibilities, equitable allocation and use of facilities, or the avoidance of conflict among visitor use activities, the director may

(1) establish, for the Critical Habitat Area of the preserve, a reasonable schedule of visiting hours, impose public use limits, or close all or a portion of the Critical Habitat Area to all public use or to a specific use or activity;

(2) limit a specific use or activity to a designated area, or impose conditions or restrictions on a use or activity; or

(3) terminate or modify a restriction, limit, closure, or condition imposed under (1) or (2) of this subsection.

(b) Except in an emergency situation, before implementing or terminating a restriction, condition, limit, or closure, the director shall issue a written determination that sets out the reasons for the implementation or termination. For an emergency situation, the written determination may be issued after the implementation or termination. The written determination must (1) in the case of an implementation, state why less restrictive measures will not suffice, or (2) in the case of a termination, state why the restriction is no longer necessary and include a finding that the termination will not have an unreasonably adverse impact on preserve resources. For the purposes of this section, an adjustment that makes a restriction, condition, or a limit more restrictive is an implementation, and an adjustment that relaxes the restrictive effect is a termination.

(c) A restriction, limit, closure, or condition, or the termination of one of these that will result in a significant alteration in the public use pattern of the preserve, will have a significant effect on the preserve's natural, aesthetic, scenic, or cultural values, or will require a long-term or significant modification in the resource management objectives of the preserve, will be adopted as a regulation.

(d) To implement a public use limit, the director, after consultation with the council, may establish a permit, registration, or reservation system in accordance with the criteria and procedures of 11 AAC 21.120.

(e) The division shall notify the council of any action taken under this section before that implementation or termination, or, in the case of an emergency, within five days after the implementation or termination.

(f) No person may violate a restriction, limit, closure, or condition imposed under this section. If a permit under (d) of this section is used to implement a public use limit, violation of the terms and conditions of the permit is prohibited, and could result in the suspension or revocation of the permit.

History

Authority: AS 41.21.020; AS 41.21.610; AS 41.21.618 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105

11 AAC 21.110 Petitions for closure and use management

(a) A person may petition the director to implement or terminate a restriction, limit, closure, or condition. A petition must be in writing and must clearly state

(1) what action is requested; and

(2) the reasons for the action requested.

(b) The director shall respond in writing within 30 days to a petition made under (a) of this section.

History

Authority: AS 41.21.020; AS 41.21.610; AS 41.21.618 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105

11 AAC 21.115 Public notice of closures and use management

(a) If action is taken under 11 AAC 21.105, the division shall notify the public by one or more of the following methods:

(1) signs posted at conspicuous locations, such as normal points of entry to the preserve;

(2) maps available in the office of the director and other places convenient to the public;

(3) publication in a newspaper of general circulation in the affected area; or

(4) other appropriate methods, such as the removal of closure signs, or the use of electronic media, brochures, or handouts.

(b) In addition to the notification required by (a) of this section, the director shall compile in writing all the restrictions, limits, closures, conditions, permit requirements, and other discretionary use management actions taken under 11 AAC 21.105. This compilation shall be updated annually and made available to the public upon request.

History

Authority: AS 41.21.020; AS 41.21.610; AS 41.21.618 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105

11 AAC 21.120 Conditional activities

(a) Authorization from the director is required for the following activities in the preserve:

(1) a promotional or entertainment event, including an organized athletic event, competitive recreational event, or spectator event, whether or not an admission fee is charged, or production of a film or television documentary for educational or entertainment purposes;

(2) camping for longer than 15 consecutive days in a calendar year, or for longer than the time period designated by the director for camping at the site or area in which the camp is made, except for traditional hunting and subsistence fishing camping;

(3) constructing or placing an improvement, structure, or property on land in the preserve, including a sign, fixture, permanent shelter or cabin, wildlife observation blind, personal property, road, trail, excavation, fill or buttress, except for the temporary bridges across the Tsirku River required for winter access to Chilkat Lake;

(4) discharging explosives;

(5) conducting scientific research, exploration, or information collection activities;

(6) using the preserve for recurring or permanent motorized access across land or water closed to motorized use;

(7) performing activities limited by the director under 11 AAC 21.105; or

(8) after consultation with the council, any use that the director determines to be incompatible with the purposes for which the preserve was established, as those purposes are defined by statute and regulation.

(b) The director may, after advice from the council, authorize an activity upon determining that:

(1) natural, cultural, historical, and archaeological resources of the preserve will not be damaged or imperiled;

(2) the preserve is protected from pollution;

(3) public use values of the preserve are maintained and protected;

(4) the public safety, health, and welfare will not be damaged or imperiled.

(5) Repealed 12/27/2012.

(c) The person who will be responsible for the activity shall file an application for authorization at the district office of the division in Haines and shall pay the required nonrefundable permit fee established in 11 AAC 05.170. The application will be forwarded to the regional office of the division for action.

(d) An applicant whose request for authorization is denied in whole or in part, or any other eligible person affected by an action of the division upon a request for authorization, may appeal that decision in accordance with 11 AAC 02. The council will be notified of an appeal.

(e) Public use restrictions implemented in accordance with 11 AAC 21.105 apply to commercial use permittees.

History

Authority: AS 41.21.020; AS 41.21.040; AS 44.37.011
Eff. 2/3/88, Register 105; am 11/7/90, Register 116; am 9/19/2001, Register 159; am 12/27/2012, Register 204; am 7/1/2018, Register 227

Article 3 General Provisions

11 AAC 21.290 Definitions

In this chapter

(1) "aircraft" means a device that is used or intended for flight or movement of people or goods in the air;

(2) "commercial" means an action or operation that generates income from the buying, selling, renting, bartering, or trading of goods or services;

(3) "council" means the Alaska Chilkat Bald Eagle Preserve Advisory Council established in AS 41.21.625;

(4) "Critical Habitat Area" means the Chilkat River Critical Habitat Area established in AS 16.20.585;

(5) "department" means the Department of Natural Resources;

(6) "developed facility" includes a boat ramp, campground, picnic area, rest area, visitor information center, swim beach, trailhead, building, parking area, and developed ski area;

(7) "director" means the director of the division of parks and outdoor recreation, Department of Natural Resources, or the director's authorized agent;

(8) "division" means the division of parks and outdoor recreation, Department of Natural Resources;

(9) "motorized vehicle" means a motorized device for carrying persons or objects over land, water, or through the air, and includes automobiles, snowmachines, bicycles, off-road vehicles, boats, and aircraft;

(10) "preserve" means the Alaska Chilkat Bald Eagle Preserve established in AS 41.21.611 and further described in AS 41.21.612;

(11) "weapon" includes a bow and arrow, slingshot, crossbow, and firearm;

(12) "explosive" means a chemical compound, mixture, or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat; "explosive" includes dynamite, blasting powder, nitroglycerin, blasting caps, and nitrojelly; "explosive" does not include salable fireworks as defined by AS 18.72.100;

(13) "firework" means an explosive device or combustible material used to produce lights, smoke, or noise for entertainment;

(14) "personal watercraft" means a vessel that is

(A) less than 16 feet in length;

(B) propelled by a water-jet pump or other machinery as its primary source of motor propulsion; and

(C) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than by a person sitting or standing inside it.

History

Authority: AS 41.21.020; AS 41.21.610 AS 41.21.040; AS 41.21.616
Eff. 2/3/88, Register 105; am 4/20/2002, Register 162; am 9/1/2002, Register 163

Part 3 Oil and Gas

Chapter 25 Royalty Election Under Alaska Gasline Inducement Act

11 AAC 25.010 Applicability

This chapter applies to the royalty inducements under AS 43.90.300, 43.90.310, and 43.90.330 that are available to

(1) a lessee or other person who is a qualified person under 11 AAC 25.020; and

(2) gas that is qualified under 11 AAC 25.030.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.020 Qualified person

(a) To qualify under AS 43.90.300 for a royalty inducement under AS 43.90.310 for qualified gas, a lessee or other person must

(1) for firm transportation capacity on the Alaska mainline,

(A) enter into a pre-subscription agreement with the licensee before the commencement of the first binding open season of the project;

(B) submit a bid before the close of the first binding open season of the project; however, the person may submit a bid after the close of the first binding open season, but no later than 180 days after the close of the first binding open season, if

(i) the licensee accepts the bid under 18 C.F.R. 157.34(d)(2); and

(ii) the lessee or other person makes, to the satisfaction of the commissioners, a good-faith showing of the circumstances that prevented the lessee or other person from submitting a timely bid, and the commissioners, on the basis of that showing, approve the tender of the bid; or

(2) execute, no later than 180 days after the close of the first binding open season of the project, a precedent agreement for firm transportation capacity on the Alaska mainline arising out of an action taken to qualify under (1) of this subsection, or must be the holder of an inducement voucher issued by the commissioners to a person that executed a precedent agreement as required under this paragraph;

(3) obtain rights under a transportation services agreement

(A) as a party that executes, no later than five years after the close of the first binding open season of the project or two years after the effective date of the certificate of public convenience and necessity issued for the Alaska mainline, whichever date is later, a transportation services agreement arising out of an action taken to qualify under (1) and (2) of this subsection for firm transportation capacity on the Alaska mainline; or

(B) as the holder of an inducement voucher issued to a person qualified under (A) of this paragraph;

(4) file with the commissioners or be the holder of an inducement voucher obtained from a person that filed with the commissioners a complete copy of each of the following no later than 30 days after execution, or, under (E) of this paragraph, no later than 30 days after receipt of a request:

(A) the bid, precedent agreement, and transportation services agreement required to qualify under (1) - (3) of this subsection;

(B) an amendment to or termination of the bid, precedent agreement, or transportation services agreement required to qualify under (1) - (3) of this subsection;

(C) a bid, precedent agreement, or transportation services agreement, if any, arising out of a first binding open season for the Canada mainline;

(D) an amendment to or termination of the bid, precedent agreement, or transportation services agreement filed under (C) of this paragraph;

(E) other documents and information requested by the commissioners to determine qualification for resource inducements under AS 43.90 and this chapter; and

(5) submit, on a form provided by the commissioners, no later than 90 days after the issuance of a certificate of public convenience and necessity for the Alaska mainline, the agreement regarding rolling in expansion costs required by AS 43.90.310(c) or 43.90.330(d), as applicable.

(b) A person eligible for an inducement under AS 43.90.330 must execute the agreement set out in (a)(5) of this section no later than 90 days after issuance of a certificate of public convenience and necessity for the Alaska mainline, unless the person is eligible by reason of an agreement to transfer the inducement voucher, in which case the person must execute the agreement set out in (a)(5) of this section no later than 90 days after issuance of a certificate of public convenience and necessity for the Alaska mainline or the time of filing an application for transfer of the inducement voucher, whichever is later.

(c) The commissioners may extend the deadline set out in (a)(2) of this section if they determine that an extension is in the best interest of the state. However, the commissioners will not extend the deadline later than December 5, 2011.

(d) A person that satisfies the requirements of (a) and (b) of this section and that claims a resource inducement under AS 43.90.310 and this chapter may file an application with the commissioners for a determination that the requirements of (a) and (b) of this section have been met. Upon receipt of the application, the commissioners will make a joint determination whether the applicant meets the requirements for qualification set out in (a) and (b) of this section. A person is not qualified for a resource inducement before application to the commissioners and approval by the commissioners under this section.

History

Authority: AS 38.05.020; AS 43.90.300; AS 43.90.330 AS 38.05.180; AS 43.90.310; AS 43.90.410
Eff. 5/29/2010, Register 194

11 AAC 25.030 Qualified gas eligible for royalty inducements

(a) Only qualified gas is eligible for a royalty inducement under AS 43.90.310. Qualified gas is royalty-bearing gas that is produced from a North Slope lease and shipped

(1) on the Alaska mainline in the firm transportation capacity acquired through the bid, precedent agreement, and transportation agreement required to qualify under 11 AAC 25.020(a)(1) - (3);

(2) in an amount no greater than that specified in the bid required to qualify under 11 AAC 25.020(a)(1); and

(3) for a term of years no longer than specified in the bid required to qualify under 11 AAC 25.020(a)(1), excluding any option for extension of the term of years.

(b) In addition to unprocessed gas that is qualified gas under (a) of this section, qualified gas includes

(1) condensate recovered from qualified gas; and

(2) the following, if extracted from qualified gas:

(A) residue gas;

(B) gas plant products;

History

Authority: AS 38.05.020; AS 43.90.300; AS 43.90.330 AS 38.05.180; AS 43.90.310; AS 43.90.410
Eff. 5/29/2010, Register 194

11 AAC 25.040 Election of royalty inducements

(a) A qualified person that elects under AS 43.90.310(b)(1) and this section to calculate the monthly value of the state's royalty share of qualified gas under the royalty value methodology set out in this chapter, or to amend under AS 43.90.310(b)(2) the terms of an existing lease governing the exercise of the state's right to switch between taking the state's royalty on qualified gas in value or in kind, must submit an application for election on a form provided by the department and other documents and information requested by the department. The qualified person must submit the application and other documents and information

(1) no later than 90 days after issuance of a certificate of public convenience and necessity for the Alaska mainline, if the qualified person acquired firm transportation capacity in the first binding open season of the project; or

(2) no later than 90 days after issuance of a certificate of public convenience and necessity for the Alaska mainline or 30 days after acquisition of the inducement voucher, whichever is later, if a lessee elects the resource inducement as the holder of an inducement voucher received under AS 43.90.330.

(b) Upon receipt of the election form and other documents and information, the commissioner will make a determination on the election and notify the applicant if the election application is approved.

History

Authority: AS 38.05.020; AS 43.90.300; AS 43.90.330 AS 38.05.180; AS 43.90.310; AS 43.90.410
Eff. 5/29/2010, Register 194

11 AAC 25.050 Voucher for resource inducements

(a) To request an inducement voucher under AS 43.90.330, a person must apply for an inducement voucher on a form provided by the commissioners. No later than 30 days after notice is received, the applicant must provide other documents and information requested by the commissioners to determine whether the applicant meets the requirements of AS 43.90 and 11 AAC 25.020. Upon receipt of the application and other documents and information, the commissioners will make a joint determination on an application for an inducement voucher, and will issue an inducement voucher if the application is approved.

(b) To transfer an inducement voucher issued under (a) of this section, the holder of the voucher and the proposed transferee must file a joint application on a form provided by the commissioners. The joint application must include a copy of a binding contract between the holder and the proposed transferee for the sale and purchase of North Slope gas produced from a lease. No later than 30 days after notice is received, the applicants must provide other documents and information requested by the commissioners to determine whether to approve the transfer under AS 43.90.330 and 11 AAC 25.020. Upon receipt of the application and other documents and information, the commissioners will make a joint determination on the application, and will issue proof of transfer if the application is approved. A transfer is limited in time and quantity as set out in AS 43.90.330(c).

History

Authority: AS 38.05.020; AS 43.90.310; AS 43.90.410 AS 38.05.180; AS 43.90.330
Eff. 5/29/2010, Register 194

11 AAC 25.060 Monthly value of state's royalty share of qualified gas and reporting

(a) The monthly value of the state's royalty share of qualified gas is the destination value of the qualified gas determined under 11 AAC 25.100 - 11 AAC 25.120, with adjustments to value for differences in location and quality as provided under 11 AAC 25.130 - 11 AAC 25.150, and changes in volume caused by pipeline, plant, and tanker in-kind fuel requirements, gains, and losses as provided under 11 AAC 25.090, less

(1) transportation costs allowed under 11 AAC 25.160 - 11 AAC 25.220;

(2) processing costs allowed under 11 AAC 25.230 - 11 AAC 25.260;

(3) LNG plant costs allowed under 11 AAC 25.270;

(4) deductions allowed by the 1980 Prudhoe Bay Royalty Settlement Agreement for Prudhoe Bay gas covered by that agreement, except that, consistent with the 1995 ANS Royalty Settlement Agreements, a cost or expense of Prudhoe Bay's Central Gas Facility may not be deducted; and

(5) deductions for cleaning and dehydration for qualified gas taken in kind from DL-1 leases not covered by the 1980 Prudhoe Bay Royalty Settlement Agreement, as provided by the superior court in In the Matter of ANS Royalty Litigation, 1JU-77-847 Civil (April 6, 1979); in this paragraph, "DL-1 lease" means an oil and gas lease issued by the state before January 1, 1979 on form DL-1.

(b) A lessee must report the monthly value of qualified gas for each lease and destination. For each lease, a lessee shall report

(1) the quantity of each component of qualified gas produced from that lease during the royalty reporting period;

(2) the quantity and destination value for each component of unprocessed gas delivered to each destination for unprocessed gas;

(3) the quantity and destination value for residue gas at each destination for residue gas;

(4) the quantity and destination value for each gas plant product at each destination for gas plant products;

(5) the quantity and destination value for LNG at each destination for LNG;

(6) the allowance for transportation costs allocated to residue gas, gas plant products, unprocessed gas, and LNG for each destination;

(7) the allowance for unused capacity deductions allocated to residue gas, gas plant products, unprocessed gas, and LNG for each destination;

(8) the allowance for processing costs for gas plant products for each destination;

(9) the allowance for LNG plant costs for each LNG plant and each LNG destination;

(10) each adjustment to gas quantity to meet the in-kind fuel requirements of a pipeline, plant, or tanker, or to account for pipeline gains and losses, plant gains and losses, or tanker gains and losses, if the adjustment is allowed under 11 AAC 25.090;

(11) each quality bank, NGL bank, or similar payment or credit required by 11 AAC 25.150; and

(12) deductions under (a)(4) or (5) of this section allocated to residue gas, gas plant products, unprocessed gas, and LNG for each destination.

(c) For each lease for which a lessee reports under this chapter, the monthly value of the state's royalty share of each of the following may not be less than zero:

(1) residue gas;

(2) gas plant products;

(3) unprocessed gas;

(4) LNG.

(d) For purposes of this chapter, a lessee shall report condensate as a gas plant product, except that a processing allowance may not be taken for condensate.

(e) In calculating the monthly value of the state's royalty share of qualified gas under this chapter, an expense or allowance may not be deducted more than once, and an adjustment, cost, or deduction other than those set out in this section may not be taken.

(f) Unless a provision of this chapter authorizes or requires a different method of allocation, an allocation of costs must be based upon generally accepted accounting principles.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.070 Allocation of gas and costs upstream of the Alaska mainline

(a) Unless otherwise provided in this chapter, a lessee calculating the monthly value of the state's royalty share of qualified gas under this chapter shall allocate gas and costs upstream of the inlet to the Alaska mainline as provided in this section.

(b) Qualified gas must be allocated to each North Slope lease producing royalty-bearing gas that has pipeline transportation access to the Alaska mainline. Qualified gas and nonqualified gas must be allocated among leases held by a lessee on the basis of a percentage for each lease represented by a ratio, the numerator of which is the lessee's quantity of royalty-bearing gas produced from a North Slope lease with pipeline transportation access to the Alaska mainline and the denominator of which is the lessee's quantity of royalty-bearing gas produced from all North Slope leases with pipeline transportation access to the Alaska mainline. For purposes of this subsection, quantities must be measured in MMBtus.

(c) Unless prohibited under (d) of this section or 11 AAC 25.160 - 11 AAC 25.220, a lessee may deduct costs of pipeline transportation allowed under this chapter for a pipeline upstream of the inlet to the Alaska mainline. The deduction will be allowed for pipeline transportation from the boundary of the unit of production to a gas treatment plant located outside the unit of production, or, if the lease of production is not within a unit, the lessee may deduct the costs of pipeline transportation from the boundary of the lease of production to a gas treatment plant located off the lease of production.

(d) If carbon dioxide exceeding the percentage of carbon dioxide allowed into the Alaska mainline is transported in a pipeline upstream of the Alaska mainline, the lessee shall allocate transportation costs between the excess carbon dioxide and all other gas based on their relative volumes. A deduction may not be taken in calculating the monthly value of the state's royalty share of qualified gas for costs allocated to excess carbon dioxide under this subsection.

(e) Except for a cost that may be deducted under 11 AAC 25.060(a)(4) or (5), a lessee in calculating royalty on qualified gas under this chapter may not deduct a cost of the lease or unit of production, a cost to meet the specifications for acceptance into the Alaska mainline, or a cost of putting gas and associated substances in marketable condition, including the cost of a gas treatment plant upstream of the inlet to the Alaska mainline.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.080 Allocation of gas and costs downstream of inlet to the Alaska mainline

(a) Unless otherwise provided in this chapter, a lessee calculating the monthly value of the state's royalty share of qualified gas under this chapter shall allocate gas and costs at and downstream of the inlet to the Alaska mainline as provided in this section.

(b) Based on its characteristics at destination, as destination is determined under this section and 11 AAC 25.100(b), qualified gas shall be characterized as one of the following:

(1) unprocessed gas;

(2) residue gas;

(3) one of the following gas plant products:

(A) NGL mix;

(B) fractionated gas plant products.

(c) If the lessee or its affiliate delivers into the Alaska mainline or a pipeline downstream of the inlet to the Alaska mainline both qualified gas from a lease and non-qualified gas from the same lease or from another source, the lessee shall allocate unprocessed gas, residue gas, and gas plant products between the qualified gas from the lease and the non-qualified gas as follows:

(1) the lessee shall account for unprocessed gas delivered from a pipeline downstream of the inlet of the Alaska mainline on the basis of the quantity of each component of unprocessed gas delivered from the pipeline; the lessee shall allocate, on a component-by-component basis, unprocessed gas between the qualified gas from the lease and non-qualified gas; the allocation to a lease must be based on a percentage for the lease representing a ratio, the numerator of which is the quantity of the component of qualified gas from the lease that the lessee or its affiliate delivered into the pipeline during the royalty reporting period and the denominator of which is the total quantity of the same component that the lessee or its affiliate delivered into the pipeline from other sources during the royalty reporting period;

(2) residue gas resulting from processing by the lessee or its affiliate in any processing plant serviced by a pipeline downstream of the inlet to the Alaska mainline must be allocated between the qualified gas from the lease and non-qualified gas on the basis of MMBtus; the allocation to a lease must be based on the percentage for the lease representing a ratio, the numerator of which is the quantity of a 100 percent share of the methane plus the quantity of a fractional share of the ethane in the qualified gas from the lease that the lessee or its affiliate delivered into the pipeline during the royalty reporting period, and the denominator of which is the quantity of all the methane plus the quantity of a fractional share of all the ethane that the lessee or its affiliate delivered into the pipeline from other sources during the royalty reporting period; the fractional share of ethane to be used for purposes of allocation under this paragraph is the weighted average extraction plant recovery rate for ethane in residue gas for all processing plants serviced by the pipeline and used by the lessee or its affiliate in the royalty reporting period;

(3) the NGL mix resulting from processing by the lessee or its affiliate in any processing plant serviced by a pipeline downstream of the inlet to the Alaska mainline shall be allocated by the lessee between qualified and non-qualified gas from the lease; an allocation must be made for each component in the NGL mix; the allocation to a lease must be based on the percentage for the lease representing a ratio, the numerator of which is the quantity of the component in the qualified gas from the lease that the lessee or its affiliate delivered into the pipeline during the royalty reporting period, and the denominator of which is the quantity of the component the lessee or its affiliate delivered into the pipeline from other sources during the royalty reporting period;

(4) the lessee shall allocate between qualified gas from a lease and non-qualified gas a fractionated gas plant product resulting from processing by the lessee or its affiliate in a processing plant serviced by a pipeline downstream of the inlet to the Alaska mainline; the allocation to a lease must be based on the percentage for the lease representing a ratio, the numerator of which is the quantity of a component in the qualified gas from the lease that the lessee or its affiliate delivered into the pipeline during the royalty reporting period, and the denominator of which is the quantity of the same component that the lessee or its affiliate delivered into the pipeline from other sources during the royalty reporting period; the component to be used for purposes of allocation under this paragraph is the component that corresponds with the fractionated gas plant product.

(d) If a lessee or its affiliate transports both qualified and non-qualified gas from a lease or from another source between the same receipt and delivery points for a pipeline under more than one agreement with the pipeline, and if the agreements contain different charges for the same service, the lessee shall allocate the qualified and non-qualified gas from the lease or from another source between the agreements based on MMBtus. However, qualified gas transported on the Alaska mainline or Canada mainline shall be allocated only to firm transportation capacity acquired through a commitment made in the first binding open season for the mainline.

(e) The actual and reasonable costs allowed for transportation under 11 AAC 25.060 - 11 AAC 25.090 and 11 AAC 25.160 - 11 AAC 25.210 must be allocated between unprocessed gas, residue gas, gas plant products, and LNG by destination according to the methodology set out in the applicable transportation services agreement. If the transportation services agreement does not set out a methodology, allocation must be based on MMBtus and mileage of haul.

(f) If a lessee or its affiliate processes both qualified and non-qualified gas from a lease or from another source at a processing plant downstream of the inlet to the Alaska mainline under more than one agreement with that plant for processing, and if the agreements contain different charges for the same service, the qualified gas from the lease and non-qualified gas must be allocated proportionately between the agreements.

(g) In allocating under this section the value of unprocessed gas, residue gas, gas plant products, and LNG between qualified and non-qualified gas from a lease or to another source, a lessee may either adjust volume for a pipeline, plant, and tanker in-kind fuel requirement, for gain, and for loss for all gas from any source using the method set out in 11 AAC 25.090 or not make an adjustment for gas from any source for that purpose under this subsection. After a lessee chooses whether to adjust volumes for the purpose of this subsection, it cannot change its choice without the commissioner's approval.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.090 Adjustments to royalty volumes for pipeline, plant, and tanker in-kind fuel requirements, gains, and losses

(a) A lessee calculating the monthly value of the state's royalty share of qualified gas under this chapter may adjust its royalty volumes only to the extent allowed by this section.

(b) If the costs of a pipeline, plant, or tanker are deductible under this chapter, and the pipeline, plant, or tanker has an in-kind fuel requirement rather than a monetary charge for fuel use directly attributable to transporting, processing, liquefying, or regasifying qualified gas, the lessee may reduce the quantity of qualified gas on which it pays royalty in value by the quantity of the in-kind fuel requirement assessed against that qualified gas, except as provided in this section, 11 AAC 25.080(g), or 11 AAC 25.200.

(c) If a lessee or its affiliate transports, processes, liquefies, or regasifies qualified gas under an arm's length contract and the charge under that contract for those purposes is deductible under this chapter, losses experienced under the contract of no more than two percent of the total volume of gas delivered under the contract that are assessed against the qualified gas under the terms of the contract may be used to reduce the quantity of qualified gas on which the lessee pays royalty to the state. However, a reduction in quantity is allowed under this subsection only if the lessee also reports increases in the quantity of qualified gas on which it pays royalties to the state if gains in volume of qualified gas are realized under the terms of the arm's length contract.

(d) If a lessee or its affiliate transports, processes, liquefies, or regasifies qualified gas under a contract or agreement other than an arm's length contract, a loss in volume is not allowed in calculating the monthly value of the state's share of royalty gas under this chapter.

(e) Each in-kind fuel requirement, loss, and gain allowed or required under this section must be reported separately by lease and destination and must be allocated between unprocessed gas, residue gas, gas plant products, and LNG. Allocation must be according to the method set out in the applicable transportation services agreement or processing agreement. If the transportation services agreement or processing agreement does not set out an allocation method, allocation must be based on

(1) MMBtus, for a processing agreement; and

(2) MMBtus and mileage of haul, for a transportation agreement.

(f) If the cost of transporting carbon dioxide is not allowed under 11 AAC 25.070(d), an in-kind fuel deduction is not allowed for transporting carbon dioxide. For purposes of this section, in-kind fuel requirements must be allocated between the excess carbon dioxide and all other gas based on their relative volumes.

(g) Notwithstanding the terms of an existing lease or unit agreement, a lessee may reduce royalty volumes for an in-kind fuel requirement for qualified gas treated in a gas treatment plant located on the North Slope even if the plant is not on the lease of production or within the unit of production.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.100 Destination and destination value

(a) The destination value for qualified gas is the fair market value at destination as determined under this section.

(b) For purposes of this chapter, the destination for a lessee's unprocessed gas, residue gas, gas plant products, or LNG is the point at which the gas exits a pipeline, without then entering an interconnecting pipeline, processing plant, liquefaction facility, LNG tanker, or regasification facility, except that

(1) the destination for qualified gas that enters a first destination market must be within that first destination market and may not be downstream of that first destination market; if qualified gas enters an interconnecting pipeline for transportation downstream of a first destination market, its destination for purposes of this chapter is the point of interconnection;

(2) qualified gas that has been processed to extract residue gas or a fractionated gas plant product is at its destination; and

(3) the destination for qualified gas may not be downstream of the point of an arm's length sale of the qualified gas.

(c) The commissioner will designate first destination markets. In designating first destination markets, the commissioner will consider whether

(1) North Slope gas is physically transported, bought, sold, processed, or, in the case of LNG, regasified in the market;

(2) on average each day, more than 100,000 MMBtus of residue gas are sold in arm's length transactions in the market;

(3) a reliable and widely available industry trade publication publishes a reliable price each month for residue gas in the market, and the published price is based on at least 10 unrelated arm's length sales in that market for the month;

(4) another first destination market is upstream of the market being evaluated for designation under this section as a first destination market; and

(5) any other relevant factor is material to the designation of a first destination market.

(d) The commissioner will designate at least one first destination market to apply to royalty reporting periods beginning after the commencement of commercial operation of the project. Notice of the first destination markets designated by the commissioner will be posted on the department's website. The commissioner may designate other first destination markets by posting notice of the designation on the department's website no later than 15 days before the first day of a royalty reporting period affected by the designation.

(e) If the destination for qualified gas is a first destination market designated by the commissioner, the destination value is the published price for that destination from a source designated by the commissioner, except that

(1) for residue gas and the methane component of unprocessed gas, if the published price designated by the commissioner is less than 95 percent of the value calculated under 11 AAC 25.110 for that royalty reporting period, the destination value for that royalty reporting period is the value calculated under 11 AAC 25.110; and

(2) for any gas plant product or any component other than methane in unprocessed gas, if a published price is not available for that first destination market or if the published price is not a reliable price for that gas plant product or component in that market, the commissioner may designate and require the use of a published price from a different market, as adjusted for location differences under 11 AAC 25.130.

(f) The commissioner may add to, replace, or remove entries on the list of designated published prices by posting a revised list of published prices on the department's website at least 15 days before the first day of a royalty reporting period affected by the revised list if the commissioner determines that

(1) a new market has developed for North Slope gas or any component of or right to North Slope gas, a new gas pipeline is built that transports North Slope gas, or a change in the first destination markets has occurred;

(2) a designated published price is not reliable;

(3) a designated published price is published in a publication that is not reliable;

(4) a new publication is started, an existing publication adds a new price, or a previously unreliable publication becomes reliable;

(5) a person subject to this chapter or the affiliate of that person attempts to influence the publication of prices used under this chapter in a manner adverse to the interests of the state; or

(6) other factors relevant to the designation of first destination markets under (c) of this section or to the reliability of published prices support the addition, replacement, or removal of entries on the list of designated published prices.

(g) If the destination for qualified gas has not been designated by the commissioner as a first destination market, destination value for the qualified gas is the published price designated by the commissioner in the nearest first destination market, with an adjustment for location differences under 11 AAC 25.130 and an adjustment for quality to the extent allowed under 11 AAC 25.140, except that if the destination and first destination market are not physically connected by pipeline, the destination value will be determined under 11 AAC 25.120.

(h) If the commissioner adds to, revises, or removes adjustments for location differences under 11 AAC 25.130, the commissioner will post a change in location differentials on the department's website at least 15 days before the first day of a royalty reporting period affected by the change.

(i) To be arm's length for a royalty reporting period, a contract or agreement must be considered arm's length

(1) when the contract was executed or the agreement was made; and

(2) during the entire time of the royalty reporting period.

(j) If a published price from a source designated by the commissioner under this section is not available for a royalty reporting period, the destination value is

(1) for residue gas, as determined by the commissioner based on all other available published prices designated for use under 11 AAC 25.110, with a location differential, if any, determined by the commissioner; and

(2) for unprocessed gas, gas plant products, and LNG, destination value as determined under 11 AAC 25.120.

(k) For purposes of this chapter, the commissioner will determine whether a price or publication is reliable. In determining whether a price is reliable, the commissioner will consider whether the price is indicative of market transactions in the relevant market and whether the price relies on a volume-weighted average of reported transactions. In determining that a publication is reliable, the commissioner may consider

(1) whether buyers and sellers regularly and customarily use the publication;

(2) whether the publication is regularly and customarily referenced in purchase or sales contracts;

(3) whether the publication uses adequate survey techniques, including the gathering of information from a substantial number of sales;

(4) whether the publication publishes the range of reported prices it uses to calculate its index price;

(5) whether the publication is independent from lessees and their affiliates; and

(6) other factors relevant to whether a publication publishes prices that are accurate and representative for gas purchases and sales.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.110 Alternative destination value for residue gas and methane in unprocessed gas

(a) If, for a royalty reporting period, the published price designated by the commissioner for residue gas and methane in unprocessed gas reaching destination after entry into a first destination market serviced by the Canada mainline is less than 95 percent of the alternative value calculated under this section, the destination value for that royalty reporting period is the alternative value calculated under this section.

(b) The alternative destination value calculated under this section is based on a market basket of published prices for residue gas. The market basket includes published prices designated by the commissioner for each market center designated by the commissioner.

(c) For purposes of calculating alternative destination value under this section, the commissioner will designate market centers where

(1) the published price identified under (j)(1)(B) of this section is reported for the same date or period as the published price for other market centers to be used in the market basket; and

(2) the market center is either

(A) a first destination market; or

(B) a first market center under (i) of this section.

(d) The published price for each market center designated under (c) of this section is netted back from the location of the delivery point most directly associated with the published price for the market center to the point a pipeline supplying the market center interconnects with the Canada mainline. Netting back is based on the weighted average of the pipeline tariffs between the point of interconnection to the Canada mainline and the location of the delivery point most directly associated with the published price for the market center. A tariff used for purposes of this subsection is the simple average recourse rate

(1) for firm transportation services for the calendar year immediately preceding the year of the royalty reporting period; and

(2) calculated based on a 100 percent load factor.

(e) The published price for each market center designated under (c) of this section, after netting back to the point of interconnection to the Canada mainline under (d) of this section, will be weighted. Weighting under this subsection is on the basis of MMBtus shipped or delivered in the preceding calendar year as follows:

(1) for the market center of a first destination market that is not in a region that produces and exports more gas than it consumes, the quantity to be used to determine the weighted published price is the quantity of gas delivered into a pipeline directly servicing both the project and the market center in the preceding calendar year;

(2) for the market center of a first destination market that is in a region that produces and exports more gas than it consumes, the quantity to be used to determine a weighted published price is the quantity of gas consumed in that market in the preceding calendar year;

(3) for a market center that is a first market center downstream of a first destination market in a region that produces and exports more gas than it consumes, the quantity to be used to determine a weighted published price is the quantity of gas received into the pipeline most directly connecting the first destination market and that first market center and nearest to the market center.

(f) After the published price for each market center designated under (c) of this section is netted back to the point of interconnection to the Canada mainline under (d) of this section and weighted under (e) of this section, the weighted price is netted forward from the point of interconnection to the Canada mainline to a lessee's destination for qualified gas entering a first destination market. The lessee's costs of transportation allowed by this chapter between the point of interconnection to the Canada mainline and destination is used to net the weighted price forward.

(g) The department will make the calculations described in (d) and (e) of this section and post them to the department's website at least 15 days before an affected royalty report is due. If a market center does not meet the criteria set out in (c) of this section for a royalty reporting period, that market center will not be used for that royalty reporting period in making the calculations described in (d) and (e) of this section.

(h) Market centers and published prices designated by the commissioner will be posted by the commissioner on the department's website. Based on the criteria set out in (c) of this section, the commissioner may add to, replace, or remove entries on the list of designated market centers and published prices by posting a revised list on the department's website at least 15 days before the first day of a royalty reporting period that is affected by the revision, if the commissioner determines that

(1) market centers meeting the requirements of (c) of this section have changed;

(2) a designated published price is not reliable;

(3) a designated published price is published in a publication that is not reliable;

(4) a new publication is started, an existing publication adds a new price, or a previously unreliable publication becomes reliable;

(5) a person or an affiliate of the person subject to this chapter attempts to influence the publication of prices used under this section in a manner adverse to the interests of the state; or

(6) other factors relevant to the designation of market centers under (c) of this section or to the reliability of published prices support the addition, replacement, or removal of entries on the list of designated market centers and published prices.

(i) For purposes of this section, a market center is a first market center if

(1) it is directly connected to and downstream of a first destination market;

(2) the first destination market identified under (1) of this subsection is in a region that produces and exports more gas than it consumes;

(3) there is not another market center between the first destination market identified under (1) of this subsection and the market center; and

(4) more than 250,000 MMBtus of residue gas are shipped on average each day from the first destination market identified under (1) of this subsection to the market center.

(j) In this section,

(1) "market center" means a location or area

(A) where more than 25,000 MMBtus of residue gas are sold in arm's length transactions on average each day; and

(B) for which a reliable and widely available industry trade publication publishes a reliable price for the market center based on at least five unrelated arm's length sales of residue gas at that market center in the royalty reporting period and in at least nine of the preceding 12 calendar months;

(2) "netting back" means to calculate the price or value of gas at an upstream location based on the price or value of gas at a downstream location, minus the costs of transportation between the upstream and downstream locations;

(3) "netting forward" means to calculate the price or value of gas at a downstream location based on the price or value of gas at an upstream location, plus the costs of transportation between the upstream and downstream locations.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.120 Destination value in absence of reliable published prices

(a) If the destination for qualified gas is not a first destination market, and the commissioner has not designated an applicable location differential for that destination under 11 AAC 25.130 for purposes of adjusting a published price from a first destination market to the destination, destination value is determined under (b) or (c) of this section, as applicable.

(b) The destination value of qualified gas sold by a lessee or an affiliate under an arm's length contract is the gross proceeds accruing to the lessee or affiliate, except as provided in this subsection. To claim the benefit of this section, the lessee shall demonstrate that its contract is arm's length. The commissioner may require a lessee to certify in writing that its arm's length contract provisions include all of the consideration to be paid by the buyer, either directly or indirectly. If an arm's length contract does not set out the consideration actually transferred either directly or indirectly from the buyer to the seller, the commissioner may require that the qualified gas sold under that contract be valued at destination under (c) of this section. If the commissioner determines that the gross proceeds accruing under an arm's length contract to the lessee or an affiliate of the lessee do not represent the reasonable value of the qualified gas because of misconduct by the contracting parties, or because the lessee breached its duty to the state to market the qualified gas for the mutual benefit of the lessee and the state, the commissioner may require the lessee to value the qualified gas under (c) of this section.

(c) If qualified gas is not sold under an arm's length contract, or if the lessee is required under (b) of this section to determine destination value under this subsection, the destination value of qualified gas is the fair market value for the qualified gas as determined by the commissioner based on prices received in arm's length spot sales, other reliable sources of price or market information, and comparable arm's length contracts for purchases, sales, or other dispositions of like-quality gas. In evaluating the comparability of an arm's length contract for purposes of this subsection, the commissioner will consider

(1) price;

(2) the time of execution;

(3) the contract's duration;

(4) each market served;

(5) the contract's terms;

(6) the quality and volume of the gas; and

(7) other factors appropriate to reflect the value of the qualified gas.

(d) In this section,

(1) "gross proceeds" means the money and other consideration accruing to an oil and gas lessee or its affiliate for the disposition of qualified gas; "gross proceeds" include

(A) payments to the lessee or its affiliate for dehydration, measurement, gathering, or other services, to the extent that the lessee is obligated to perform those services at no cost to the state as lessor or otherwise;

(B) tax reimbursements accruing to a lessee or its affiliate even though the state's royalty interest may be exempt from taxation; and

(C) money and other consideration, including the forms of consideration identified in this paragraph, to which a lessee or its affiliate is contractually or legally entitled but that the lessee or affiliate does not seek to collect through reasonable efforts;

(2) "spot sale" means a contract for the sale of gas that

(A) requires a seller to sell to a buyer a specified amount of unprocessed gas, residue gas, or a gas plant product at a specified price over a fixed period, usually of short duration;

(B) does not normally require a cancellation notice to terminate; and

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.130 Location differentials

(a) The commissioner will establish location differentials to

(1) calculate the destination value of qualified gas at a destination upstream of a first destination market; or

(2) calculate the destination value of a gas plant product or component other than methane in a first destination market if a published price for that gas plant product or component is not available or is not reliable.

(b) To establish a location differential, the commissioner will consider

(1) the difference between a reliable published price for residue gas or a gas plant product in a market with a reliable published price and the price paid for residue gas, a gas plant product, or unprocessed gas in the market without a reliable published price;

(2) the cost of transportation between the market with a reliable published price and the market without a reliable published price;

(3) other factors relevant to differences in value that result from the market location.

(c) The commissioner will give notice of location differentials established under this section by posting a list on the department's website. The commissioner may add to, replace, or remove entries on the list of location differentials by posting a revised list of location differentials on the department's website at least 15 days before the first day of a royalty reporting period affected by the action. A location differential posted by the commissioner to the department's website under this section is not subject to retroactive change.

(d) If the commissioner is notified in writing at least three months before a first shipment that a lessee or its affiliate will transport qualified gas to a destination upstream of a first destination market, the commissioner will post a location differential for that destination on the department's website at least 15 days before the first day of a royalty reporting period affected by the posting.

(e) If the commissioner is not notified in writing at least three months before a first shipment that a lessee or its affiliate will transport qualified gas to a destination, and the commissioner has not posted a location differential for the destination on the department's website, the destination value and location differential for that destination may be adjusted by the commissioner based on the criteria for destination value set out in this chapter and the criteria for location differentials set out in this section. An adjustment under this subsection is retroactive to the date of first shipment.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.140 Quality differentials for unprocessed gas

(a) The commissioner will establish a quality differential to be used in valuing unprocessed gas.

(b) The commissioner will establish a quality differential to allow a lessee that elects not to take a processing allowance for qualified gas to deduct a quality differential that is representative of processing costs.

(1) the cost of gas processing;

(2) standard deductions allowed or used by other governments or royalty owners to reflect quality differences or processing costs, including the fractionation allowance allowed by the Alberta government for fractionating propane, butane, and pentane plus;

(3) the composition of a lessee's gas or gas from a North Slope lease, unit, participating area, or reservoir; and

(4) other factors relevant to whether a quality differential is representative of processing costs.

(d) The commissioner will post quality differentials on the department's website at least 15 days before a royalty report affected by the quality differential is due. The commissioner may add to, replace, or remove entries on the list of quality differentials by posting a revised list of quality differentials on the department's website at least 15 days before a royalty report is due. A location differential posted by the commissioner on the department's website under this section is not subject to retroactive change.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.150 Quality bank

If a quality bank, NGL bank, or other mechanism is established to compensate or charge persons transporting gas on a pipeline for differences in the relative quality of gas tendered or received, a lessee shall adjust royalty volume or royalty payments to the state based on the same principles used by the quality bank, NGL bank, or other mechanism to compensate or charge a person transporting gas for differences in the relative quality of gas tendered or received.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.160 Transportation costs

(a) In calculating the monthly value of the state's royalty share of qualified gas, a lessee may deduct transportation costs as provided in 11 AAC 25.060 - 11 AAC 25.090 and 11 AAC 25.160 - 11 AAC 25.220. Only actual and reasonable transportation costs are allowed under this section that are incurred and paid by the lessee or its affiliate and not refunded to the lessee or its affiliate for transporting qualified gas between the boundary of the unit of production and destination, or, if the lease of production is not within a unit, between the lease of production and destination.

(b) If a lessee, its marketing affiliate, or any affiliate other than a transportation affiliate transports qualified gas on a transportation affiliate, transportation costs for the lessee must be reported on the basis of the actual and reasonable costs of the transportation affiliate, unless the lessee, its marketing affiliate, or affiliate other than the transportation affiliate pays the transportation affiliate a lower amount or has an agreement or contract with the transportation affiliate for a lower amount, in which case the lower amount must be used.

(c) For purposes of 11 AAC 25.060 - 11 AAC 25.090 and 11 AAC 25.160 - 11 AAC 25.220, a marketing entity, pipeline entity, LNG transportation entity, or other entity is an affiliate of the lessee if the lessee and the other entity are affiliated during the royalty reporting period, or were affiliated when the contract for sale, marketing, transportation, or other service was executed or an agreement for sale, marketing, transportation, or other service was made.

(d) If a lessee or an affiliate receives a payment or credit from a transportation entity, the lessee shall reduce the cost or deduction claimed in reporting and paying royalties on qualified gas by the amount of the payment or credit attributable to that gas.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.170 Transportation contracts at arm's length

(a) If a lessee or an affiliate transports qualified gas under an arm's length contract, the transportation allowance used to determine the monthly value of the lessee's qualified gas must be the actual and reasonable costs incurred and paid by the lessee or an affiliate and not refunded to the lessee or the affiliate for transportation, less any costs disallowed under 11 AAC 25.060 - 11 AAC 25.090 or 11 AAC 25.160 - 11 AAC 25.220. To claim a transportation allowance under this section, the lessee shall demonstrate that the contract is arm's length.

(b) If the commissioner determines that the consideration set out in an arm's length contract exceeds the consideration actually transferred either directly or indirectly from the lessee or an affiliate to the transportation entity for the transportation, the commissioner may require that the transportation allowance be reduced or redetermined under 11 AAC 25.180 - 11 AAC 25.200.

(c) If the commissioner determines that the consideration paid under an arm's length transportation contract exceeds the reasonable value of the transportation because of misconduct by the contracting parties, or because the lessee breached a duty to the state to market the production for the mutual benefit of the lessee and the state, the commissioner may require that the transportation allowance be reduced or redetermined under 11 AAC 25.180 - 11 AAC 25.200.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.180 Transportation contracts not at arm's length - Alaska mainline and Canada mainline

(a) If a lessee, its marketing affiliate, or any affiliate other than a transportation affiliate transports qualified gas on the Alaska mainline or Canada mainline and that pipeline is a transportation affiliate, the cost of transportation must be the allowable actual and reasonable cost, as determined under (b) - (m) of this section, 11 AAC 25.160, and 11 AAC 25.210, of transportation provided by the pipeline that is the transportation affiliate. However, if the circumstances described in (n) of this section occur, the amount determined under that subsection must be used as the cost of transportation.

(b) If calculating allowable actual and reasonable cost in accordance with (b) - (m) of this section, the lessee, without regard to whether a pipeline is subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC), and except as provided in (c) - (m) of this section, shall calculate that cost in accordance with the FERC Cost-of-Service Rates Manual, dated June 1999, the FERC Order Issuing Clarification and Granting Rehearing in Southern Natural Gas Co., 130 FERC ¶ 61,193 (Docket nos. CP09-36-002, CP09-40-001, and AD10-3-000, March 18, 2010), and the FERC Order Granting Rehearing in Florida Gas Transmission Co., 130 FERC ¶ 61,194 (Docket nos. CP09-17-001, AC08-161-002, and AD10-3-000, March 18, 2010). The FERC documents listed in this subsection are adopted by reference for purposes of this section, except as provided in (c) - (m) of this section.

(c) The cost of transportation under (b) - (m) of this section is determined by first identifying the term of years and profile for capital recovery in the transportation services agreement under which qualified gas is shipped. If those terms match the terms offered in the plan for conducting an open season for the Alaska mainline, the negotiated rate generated by those terms under the plan for conducting an open season for the Alaska mainline, as modified under (b) and (d) - (m) of this section, is the cost of transportation used to calculate the transportation allowance, unless the negotiated rate generated under the plan for conducting an open season for the Alaska mainline, as modified under (b) and (d) - (m) of this section, is greater than the amount determined under (n) of this section, in which case the amount determined under (n) of this section is the cost of transportation.

(d) If the transportation services agreement under which the qualified gas is shipped does not set out a profile for capital recovery, or sets out a term of years and profile for capital recovery other than one offered in the plan for conducting an open season for the Alaska mainline, depreciation must be calculated to recover capital investment over the economic life of the pipeline, and must be calculated using annual composite depreciation percentages that result in levelized rates over the life of the transportation services agreement and that recover that part of total capital investment that is the greater of 4/5 or the percentage that equals the ratio of the original term of years in the transportation services agreement to the economic life of the pipeline. In this calculation, the economic life must be the estimated useful life used to calculate the initial recourse rate for the pipeline.

(e) In the absence of long-term debt actually issued for the Alaska mainline or Canada mainline, as applicable, a lessee shall compute the return on the part of the capital investment treated as financed with long-term debt using the weighted average of the cost of long-term debt for the proxy group designated by the department under 11 AAC 25.190(j). After the commencement of commercial operations of the Alaska mainline or Canada mainline, as applicable, at least 75 percent of the capital investment must be treated as financed with long-term debt, unless the applicable transportation services agreement provides for a higher percentage debt, in which case the higher percentage must be used.

(f) Capital investment must be the properly allocable part of the lower of capital investment

(1) that would be properly reportable on FERC Form 2 if the pipeline were subject to FERC jurisdiction;

(2) that is prudently incurred, as determined by the regulatory agency with jurisdiction over the pipeline; or

(3) allowed under the applicable transportation services agreement.

(g) A change in ownership of an asset does not alter the original cost valuation of capital investment.

(h) An allowance for funds used during construction (AFUDC) must be calculated consistent with the FERC Cost-of-Service Rates Manual adopted by reference in (b) of this section, except to the extent modified by this section. AFUDC begins to accrue no earlier than the time certificate pre-filing commences under 18 C.F.R. 157.21(e). AFUDC must be compounded annually, and not more frequently. For purposes of determining AFUDC, 70 percent of the capital investment must be treated as financed with long-term debt for the period before the commencement of commercial operations of the Alaska mainline or Canada mainline, as applicable, unless the applicable transportation services agreement provides for a higher percentage debt, in which case the higher percentage must be used.

(i) An allowance for the cost to dismantle and remove the pipeline and for restoration after removal of the pipeline may be taken only if specifically identified and approved by the regulatory agency with jurisdiction over the pipeline in an applicable tariff for the pipeline.

(j) Tax depreciation used to calculate accumulated deferred income taxes for the Alaska mainline is seven years for all depreciable property, consistent with 26 U.S.C. 168. Tax depreciation used to calculate accumulated deferred income taxes for the Canada mainline is the terms of years set out in the federal income tax laws of Canada for depreciation of pipeline property.

(k) Operating and maintenance expenses may not include ad valorem taxes or any other cost otherwise recoverable under (b) and (d) - (m) of this section. Operating and maintenance expenses must be the properly allocable part of the lower of operating and maintenance expenses

(1) that would be properly reportable on FERC Form 2 if the pipeline were subject to FERC jurisdiction;

(2) that are prudently incurred, as determined by the regulatory agency with jurisdiction over the pipeline; or

(3) allowed under the applicable transportation services agreement.

(l) Except for refunds and surcharges permitted by the regulatory agency with jurisdiction over the pipeline, an adjustment may not be made for recoveries in the prior period that exceed or are less than the transportation affiliate's allowable actual and reasonable cost as determined under (c) - (i) of this section.

(m) Per-unit transportation costs for transportation of qualified gas by a transportation affiliate must be based on a 100 percent load factor of certificated capacity even if the capacity is not used at a 100 percent load factor.

(n) If the cost of transportation calculated under (b) - (m) of this section is greater than the amount the lessee or its affiliate actually pays for transportation, the amount actually paid and not the cost of transportation calculated under (b) - (m) of this section shall be used by the lessee in calculating the monthly value of the state's royalty share of qualified gas.

(o) In this section, "plan for conducting an open season for the Alaska mainline" means the original plan as filed by TransCanada Alaska Company, LLC with FERC in Docket No. PF09-11-001 on January 29, 2010.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.190 Transportation contracts not at arm's length - pipelines other than the Alaska mainline and Canada mainline

(a) If a lessee, its marketing affiliate, or any affiliate other than a transportation affiliate transports qualified gas on a pipeline other than the Alaska mainline or Canada mainline and that pipeline is a transportation affiliate, the cost of transportation must be the allowable actual and reasonable cost, as determined under (b) - (n) of this section, 11 AAC 25.160, and 11 AAC 25.210, of transportation provided by the pipeline that is the transportation affiliate. However, if the circumstances described in (o) of this section occur, the amount determined under that subsection must be used as the cost of transportation.

(b) If calculating allowable actual and reasonable cost in accordance with (b) - (n) of this section, the lessee, without regard to whether a pipeline is subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC), and except as provided in (c) - (n) of this section, shall calculate that cost in accordance with the FERC Cost-of-Service Rates Manual, dated June 1999, the FERC Order Issuing Clarification and Granting Rehearing in Southern Natural Gas Co., 130 FERC ¶ 61,193 (Docket nos. CP09-36-002, CP09-40-001, and AD10-3-000, March 18, 2010), and the FERC Order Granting Rehearing in Florida Gas Transmission Co., 130 FERC ¶ 61,194 (Docket nos. CP09-17-001, AC08-161-002, and AD10-3-000, March 18, 2010). The FERC documents listed in this subsection are adopted by reference for purposes of this section, except as provided in (c) - (n) of this section.

(c) The applicable costs of transportation are determined for a calendar year by calculating the total amount for the year for the following items and allocating that total, as provided under this section, to the qualified gas:

(1) an allowance for operating and maintenance expenses of the pipeline;

(2) annual depreciation on capital investment in the pipeline at original cost;

(3) annual amortization of allowance for funds used during construction (AFUDC);

(4) an after-tax return on the sum of capital investment in the pipeline at original cost net of depreciation accumulated before the year of calculation, and AFUDC net of cumulative AFUDC amortized before the year of calculation, with the undepreciated capital investment and unamortized AFUDC balances adjusted to account for accumulated deferred income taxes and retirements; a return may not be earned on cash working capital;

(5) income tax on the equity part of the return on capital investment under (4) of this subsection;

(6) ad valorem taxes on the pipeline;

(7) if specifically identified and approved in an applicable tariff for a regulated pipeline, an allowance for the cost to dismantle and remove the pipeline and for restoration after removal of the pipeline.

(d) For purposes of determining the allowance described in (c)(1) of this section, the proper allocation of operating and maintenance expenses must be determined with reference to whether the applicable transportation services agreement requires rolled-in or incremental rate treatment. Operating and maintenance expenses may not include ad valorem taxes or any other cost otherwise recoverable under (c)(2) - (7) of this section. Operating and maintenance expenses must be the properly allocable portion of the lower of operating and maintenance expenses

(1) that would be properly reportable on FERC Form 2 if the pipeline were subject to FERC jurisdiction;

(2) that are prudently incurred, as determined by the regulatory agency with jurisdiction over the pipeline; or

(3) allowed under the applicable transportation services agreement.

(e) For purposes of (c)(2), (4), and (5) and (h) of this section,

(1) capital investment must be the properly allocable part of the lower of capital investment

(A) that would be properly reportable on FERC Form 2 if the pipeline were subject to FERC jurisdiction;

(B) that is prudently incurred, as determined by the regulatory agency with jurisdiction over the pipeline; or

(2) the proper allocation of capital investment must be determined with reference to whether the applicable transportation services agreement requires rolled-in or incremental rate treatment; and

(3) a change in ownership of an asset does not alter the original cost valuation of capital investment.

(f) AFUDC used to determine the items described in (c)(3) and (4) of this section must be calculated consistent with the FERC Cost-of-Service Rates Manual, adopted by reference in (b) of this section,

(1) with AFUDC being accrued beginning at the time that certificate pre-filing, if required under 18 C.F.R. 157.21, commences under 18 C.F.R. 157.21(e), or if pre-filing is not required, at the time that filing of an application for a FERC certificate of public convenience and necessity is accepted under 18 C.F.R. 157.8; and

(2) using the weighted average cost of capital determined in accordance with (i) and (j) of this section, and annual compounding.

(g) For purposes of determining annual depreciation and annual amortization of AFUDC under (c)(2) and (3) of this section, depreciation and amortization must be calculated using the same term of years and same profile for capital recovery used in the transportation services agreement under which qualified gas is shipped. However, if the transportation services agreement does not set out a profile for capital recovery, or establishes a depreciation schedule that recovers total capital before the conclusion of the pipeline's economic life as determined in the initial proceeding for a FERC certificate of public convenience and necessity, depreciation must be calculated to recover capital investment over the economic life of the pipeline, and must be calculated using annual composite depreciation percentages that recover an equal percentage of original plant investment each year. In this calculation the economic life must be the estimated useful life used to calculate the initial recourse rate for the pipeline, or the pipeline's initial generally prevailing rate if a recourse rate is not offered. A change in ownership of an asset does not alter the depreciation schedule, or the accumulated deferred income taxes, established by the original owner of the pipeline when annual depreciation and annual amortization of AFUDC is determined under (c)(2) and (3) of this section. A capital investment may be depreciated only once, and may not be depreciated below a reasonable salvage value. If specifically identified and provided for in an applicable tariff for a regulated pipeline, the salvage value may be negative, unless the calculation of costs under (c) of this section includes an allowance under (c)(7) of this section for dismantlement and removal of the pipeline and restoration after removal of the pipeline.

(h) For pipelines that are regulated either by FERC or the Regulatory Commission of Alaska, accumulated deferred income taxes will be calculated consistent with the FERC Cost-of-Service Rates Manual, adopted by reference in (b) of this section, using the tax depreciation schedule established by the relevant taxing authority for pipeline assets and the book depreciation schedule established under (g) of this section.

(i) For purposes of determining the return on capital investment for a gas pipeline under (c)(4) of this section, the percentage of the capital investment treated as financed with long-term debt is the percentage actually used by the pipeline owner to finance the pipeline or 70 percent, whichever amount is greater. The remainder is treated as financed with equity. The return on the portion of the capital investment treated as financed with long-term debt is the actual cost, if any, of the debt or, in the absence of actual cost, the return computed by the department using the weighted average of the cost of long-term debt for the proxy group designated by the department under (j) of this section.

(j) For purposes of (c)(4) of this section, an after-tax rate of return on the percentage of the capital investment treated as financed with equity will be determined by the department for a calendar year. The department will use a two-stage discounted cash flow model to determine the return on capital investment in a pipeline. In implementing that model, the department will give substantial weight to the FERC Policy Statement in Composition of Proxy Groups for Determining Gas and Oil Pipeline Return on Equity, Docket No. PL07-2-000, dated April 17, 2008 and adopted by reference for that purpose, subject to the following:

(1) the department will designate the group of proxy companies from companies that meet the following criteria:

(A) the company is publicly traded;

(B) the company is a natural gas pipeline company;

(D) pipeline operations constitute a high proportion of the company's business;

(E) the company or its predecessor in interest has been in operation for at least three years;

(F) there are estimates by Institutional Brokers Estimate System (I/B/E/S) established by Thomson Reuters, or similar widely available, reliable estimates, of five-year earnings growth for the company;

(G) the company has a history of paying dividends or distributions and is currently paying a dividend or distribution;

(H) the company has not eliminated or announced an intention to eliminate its dividend or distribution;

(2) in determining whether a company meeting the criteria under (1) of this subsection should be included in the group of proxy companies, the department may consider the following factors:

(A) the size of the company's market capitalization;

(B) the company's credit rating;

(3) the department will calculate the rate of return for a calendar year based on information about the group of proxy companies for a recent 12-month period selected by the department.

(k) For purposes of (c)(5) of this section, the

(1) combined federal and state income tax rate for the year of calculation must be used for a pipeline located within the United States;

(2) applicable combined foreign income tax rate for the year of calculation must be used for a pipeline located in another country.

(l) The amounts described in (c)(1) and (5) - (7) of this section must be calculated for every calendar year on the same basis, which may be either

(1) the amounts incurred during, or applicable to, the calendar year of calculation; or

(2) if the pipeline was

(A) in operation for at least nine months during the calendar year immediately preceding the calendar year of calculation, the amounts incurred during, or applicable to, that immediately preceding calendar year; the amounts are annualized or prorated if necessary to account, respectively, for the pipeline's being in operation for less than that entire immediately preceding calendar year or less than the entire calendar year of calculation; or

(B) not in operation for at least nine months during the calendar year immediately preceding the calendar year of calculation, good-faith estimates of the amounts that will be incurred during, or will be applicable to, the calendar year of calculation; an overestimate or underestimate is deducted from or added to, respectively, the amounts used for the next calendar year.

(m) To allocate the total amount for the items set out in (c) of this section to a specific quantity of qualified gas,

(1) per-unit transportation cost is based on contracted capacity or throughput during the royalty reporting period for the pipeline as a whole, whichever amount is greater, unless the pipeline commences commercial operations after issuance of a certificate of public convenience and necessity for the Alaska mainline, in which case per-unit transportation cost is based on a 100 percent load factor of certificated capacity;

(2) the costs of different categories of pipeline transportation services bear the same relationship to one another as under the recourse rates in the applicable tariff, unless the department determines that the relationship under the applicable tariff is unreasonable, in which case the department will allocate costs among different categories of pipeline transportation services;

(3) the costs of pipeline transportation between different pairs of receipt and delivery points bear the same relationship to one another as under the recourse rates in the applicable tariff, unless the department determines that the relationship under the applicable tariff is unreasonable, in which case the department will allocate costs to pipeline transportation between different pairs of receipt and delivery points.

(n) A management fee is not an allowable cost of transportation for the purpose of calculating a transportation affiliate's allowable actual and reasonable costs of transportation under this section.

(o) If the cost of transportation as calculated under (b) - (n) of this section is greater than the negotiated rate for transportation available to a lessee or its affiliate, the negotiated rate and not the cost of transportation as calculated under (b) - (n) of this section must be used in calculating the monthly value of the state's royalty share of qualified gas.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.200 Transportation contracts not at arm's length - LNG transportation

(a) If a lessee, its marketing affiliate, or any affiliate other than a transportation affiliate transports qualified gas using an LNG transportation affiliate, transportation costs must be the LNG transportation affiliate's allowable actual and reasonable costs incurred between the outlet of a liquefaction plant and the inlet of a regasification plant, as those costs are determined under (b) - ( l) of this section, 11 AAC 25.160, and 11 AAC 25.210. However, if 11 AAC 25.160(b) applies, the amount determined under 11 AAC 25.160(b) must be used for transportation costs.

(b) For purposes of (a) of this section, the applicable costs of transportation are

(1) an allowance for operating and maintenance expense;

(2) annual depreciation on capital investment;

(3) a return on capital investment; and

(4) positioning costs, amortized over 36 months.

(c) For purposes of (b)(1) of this section, the allowance for operating and maintenance expense is the amount of expense actually incurred that is the direct cost of operation and maintenance attributable to a lessee's qualified gas.

(d) For purposes of (b)(2) and (3) of this section, a cost of capital allowance that consists of depreciation and a return on invested capital will be allowed.

(e) For purposes of (b)(2) and (3) of this section, depreciation and a return on capital investment must be calculated using the methodology set out in the Department of Revenue publication Computation of a Cost-of-Capital Allowance under 15 AAC 55.196, Incorporating Depreciation and Return on Invested Capital for Marine Vessels and Improvements, Second Edition, dated September 19, 2003; that publication is adopted by reference except as follows:

(1) the methodology is applied as if the term "vessel" read "LNG pipeline or tanker";

(2) the useful life for purposes of the methodology is 30 years;

(3) the weighted average cost of capital is 0.2 percentage point greater than that otherwise calculated under the methodology.

(f) A cost of capital allowance under this section for a vessel will be allowed only for days when the vessel is in allowable service, in allowable lay up, or in allowable dry dock as provided in (g) of this section.

(g) For purposes of this section,

(1) a vessel is in allowable service if the vessel is

(A) in service within the meaning given in 15 AAC 55.900, unless the vessel is in dry dock; or

(B) idle for a period of fewer than 90 consecutive days immediately before operation in allowable service under (A) of this paragraph; for purposes of this subparagraph, a vessel is not idle if it is in dry dock;

(2) a vessel is laid up if it is idle for a period of 90 or more consecutive days; for purposes of this paragraph, a vessel is not idle if it is in dry dock;

(3) a vessel is in allowable lay up if the vessel is laid up during a calendar year, but only to the extent that the total number of days it is or has been laid up while owned or effectively owned by the lessee or its affiliate through the end of that calendar year does not exceed the total number of days it is or has been in allowable service while owned or effectively owned by the lessee or its affiliate through the end of that calendar year;

(4) a vessel is in allowable dry dock if the vessel is in dry dock during a calendar year, but only for that fraction of the total days in dry dock that equals the sum of the number of days during the year that the vessel is in allowable service and the number of days during the year that the vessel is in allowable lay up, divided by the sum of the number of days during the year that the vessel is in allowable service, the number of days during the year that the vessel is laid up, and the number of days during the year that the vessel is in alternative service;

(5) a vessel is in alternative service if it is not in lay up, dry dock, or allowable service; and

(6) if necessary to determine a vessel's status during a month, the vessel's status at later times will be considered.

(h) The following requirements apply to the timing of changes in vessel status:

(1) a vessel changing from operation in allowable service to lay up or operation in alterative service begins lay up or operation in alternative service on the day after the last day of cargo discharge in allowable service;

(2) a vessel changing from operation in alternative service to lay up or operation in allowable service begins lay up or operation in allowable service on the day after the last day of cargo discharge in alternative service;

(3) a vessel changing from lay up to operation in allowable service or operation in alternative service begins operation in allowable service or operation in alternative service on the day after the vessel departs from the location where the vessel was laid up;

(4) a vessel going into dry dock begins dry dock status on the day after the last day of cargo discharge or, if going into dry dock from lay up, on the day after the vessel departs from the location where the vessel was laid up;

(5) a vessel finishing dry dock changes from dry dock status to the immediately subsequent status on the day after the vessel departs the dry dock facility;

(6) a vessel begins operation in allowable service on the day that its useful life begins or, in the case of a used vessel newly acquired by a lessee or its affiliate, on the day that its remaining useful life for that lessee or its affiliate begins, if the vessel proceeds directly to enter operation in allowable service; otherwise, the vessel begins operation in alternative service on the day specified in this paragraph; for purposes of this paragraph, the beginning of a vessel's useful life or remaining useful life is determined in accordance with generally accepted accounting principles.

(i) Allowable voyage and port costs for a vessel are costs actually incurred for the following purposes:

(1) fuel for the vessel while in port and at sea not to exceed the actual cost if purchased from a third party, or if the fuel is not purchased from a third party, the spot market price of comparable fuel as reported in the latest Platt's Oilgram Price Report published on or before the date of the fuel purchase for the market nearest the point of refueling, plus related allowable fuel taxes and handling charges;

(2) stores and provisions for the vessel and its captain and crew;

(3) wages and benefits of the vessel's captain and crew;

(4) routine maintenance;

(5) drydocking costs, expensed in the year paid;

(6) port and dock fees;

(7) demurrage;

(8) tug and pilotage fees;

(9) marine agents' fees in port;

(10) lightering;

(11) transshipment charges;

(12) customs fees and duties;

(13) taxes incurred due to the ownership and operation of the vessel, except for income taxes and other taxes (including certain franchise taxes) measured by income;

(14) regular and customary gratuities that are also legal;

(15) insurance premiums actually paid to third-party insurers;

(16) loading and unloading inspection fees;

(17) a reasonable management fee for operating a vessel; this fee is set at six percent of the allowable costs set out in (1) - (3) of this subsection; this set fee covers all general and administrative costs related to vessel operations, including all costs for accounting services, clerical services, administrative services, secretarial services, data processing services, legal services, corporate and operations management, overhead pass-throughs, facility costs and depreciation, corporate planning, risk management, environmental planning and risk evaluation, public affairs, governmental affairs, political affairs, dues and subscriptions, long-range scheduling, and long-range planning; additional deductions will not be allowed for these costs;

(18) other costs directly associated with the operation or maintenance of a vessel, including costs for port services and operations, cargo scheduling and planning, fleet staffing, fleet scheduling, fleet staff training, fleet safety, engineering for repair, engineering for maintenance, engineering for drydocking, quality assurance for vessel operations, communication systems, navigation systems, United States Coast Guard certifications, and utility services; these costs include costs for personnel performing the functions listed and the first level of supervision of these personnel.

(j) For purposes of this section, allowable voyage and port costs for a vessel do not include taxes or fees on the receipt of LNG at a marine terminal from a vessel.

(k) The lessee's actual or reasonable marine transportation cost, as otherwise determined under this section, for a lessee that transports gas produced in the state through a charter, contract of affreightment, sublease, or other arrangement on behalf of a person not affiliated with the lessee, in addition to the cost of transporting the lessee's own gas produced in the state, includes the cost of transporting that non-affiliated person's gas produced in the state and is reduced by the revenue received by the lessee for providing that transportation.

(l) In this section, "positioning cost" includes the cost borne by the lessee for placing an LNG tanker into position before the LNG tanker's first voyage in service for that lessee.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.210 Non-allowable transportation costs

(a) A lessee may not include the following costs in calculating an arm's length transportation allowance under 11 AAC 25.170 or a non-arm's length transportation allowance under 11 AAC 25.180 - 11 AAC 25.200:

(1) the cost of transportation of qualified gas downstream of destination;

(2) the cost of transportation of residue gas or gas plant products after processing of qualified gas is complete at destination;

(3) a cost or fee incurred for storage, except that a lessee may deduct

(A) a charge by a pipeline for storage for no more than 30 days if the storage is required under the applicable transportation services agreement and is necessary for pipeline operations;

(B) a cost or fee for the storage as part of LNG transportation, if the fee or cost is allowed under 11 AAC 25.200;

(4) an intra-hub transfer fee paid to a pipeline hub operator for administrative services, including accounting for the sale of qualified gas within a hub and title transfer tracking;

(5) a fee paid to a scheduling service provider;

(6) internal costs to schedule, nominate, and account for the sale or movement of qualified gas, if incurred by a lessee or its affiliate other than a transportation affiliate; those costs include salaries and related costs, rent and space costs, office equipment costs, and legal fees;

(7) an aggregator or marketer fee, including a fee a lessee or its affiliate pays an affiliate or another person to market, purchase, or resell qualified gas, or find or maintain a market for qualified gas;

(8) a fee paid to a broker, including a fee paid to a person that arranges marketing or transportation;

(9) a penalty incurred as a shipper, including

(A) an over-delivery cash-out penalty, including the difference between the price the pipeline pays for over-delivered volumes outside the tolerances and the price received for over-delivered volumes within the tolerances;

(B) a scheduling penalty, including a penalty incurred for differences between daily volumes delivered into the pipeline and volumes scheduled or nominated at a receipt or delivery point;

(C) an imbalance penalty, including a penalty incurred for differences between volumes delivered into the pipeline and volumes scheduled or nominated at a receipt or delivery point;

(D) an operational penalty, including fees incurred for violation of the pipeline's curtailment or operational orders issued to protect the operational integrity of the pipeline;

(10) the cost of pipeline transportation within the unit of production, unless

(A) the pipeline is regulated by FERC or the Regulatory Commission of Alaska; or

(B) for Prudhoe Bay gas covered by the 1980 Prudhoe Bay Royalty Settlement Agreement, the cost is allowed under that agreement;

(11) the cost of pipeline transportation within a state unit other than the unit of production where the gas was reinjected into a reservoir, unless

(A) the pipeline is regulated by FERC or the Regulatory Commission of Alaska; or

(B) for Prudhoe Bay gas covered by the 1980 Prudhoe Bay Royalty Settlement Agreement, the cost is allowed under that agreement;

(12) the cost of a gathering pipeline or a pipeline in the state that is not subject to regulation by FERC or the Regulatory Commission of Alaska;

(13) as provided in 11 AAC 25.070(d), the cost of transporting carbon dioxide in a pipeline upstream of the Alaska mainline in excess of quantities allowed in the specification of conditions for acceptance into the Alaska mainline;

(14) the cost of transporting a gas or associated substance that is not royalty-bearing, except that lessees may include in a transportation allowance the costs of transporting carbon dioxide in quantities not to exceed the quantities allowed in the specification of conditions for acceptance into the Alaska mainline;

(15) other costs a lessee incurs for services it is required to provide at no cost to the state as lessor or otherwise;

(16) costs of arbitration, litigation, or other dispute resolution activity that involves the state or concerns the rights or obligations

(A) among owners of a transportation entity; or

(B) between an owner of a transportation entity and a shipper.

(b) In addition to the costs set out in (a) of this section, a lessee may not include the following costs in determining a non-arm's length transportation allowance under 11 AAC 25.180 - 11 AAC 25.200:

(1) payments, either volumetric or in value, for actual or theoretical losses of qualified gas;

(2) costs of a surety.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.220 Unused capacity deduction

(a) A qualified person that elects under 11 AAC 25.040(b) to calculate royalties under this chapter may deduct a share of its actual and reasonable costs of unused capacity on the Alaska mainline and Canada mainline, if in the royalty reporting period the qualified person's total shipments on a mainline are less than the total of its firm transportation capacity held that month on that mainline. Any deduction for unused capacity may be allowed only as provided in this section.

(b) In calculating unused capacity for purposes of this section, a qualified person shall combine quantities specific to that qualified person and any affiliates. A qualified person shall base calculations under this section on amounts specific to the qualified person and its affiliates, and may not base a calculation on the total amount of

(1) all shippers' firm transportation capacity for a mainline; or

(2) all shippers' production from leases, all shippers' gas from other sources, or all shippers' gas from all sources.

(c) A qualified person's unused capacity for a mainline must be calculated using the same billing determinants used in calculating the applicable recourse rate for the appropriate mainline.

(d) Except as provided in (e) of this section, a qualified person's unused capacity for a month equals AC - AS, where

(1) AC equals allocated capacity; allocated capacity is determined by multiplying FOSFT, as described in (3) of this subsection, by the fraction,

(A) the numerator of which is the shipments of production from leases on the Alaska mainline or Canada mainline, as applicable, on and after the date of commencement of commercial operations and before the month for which the calculation is made; and

(B) the denominator of which is the shipments from all sources on the Alaska mainline or Canada mainline, as applicable, on and after the date of commencement of commercial operations and before the month for which the calculation is made;

(2) AS equals allocated shipments; the figure for allocated shipments is the greater of

(A) shipments of production from leases during the month for which the calculation is made; or

(B) AC multiplied by a fraction, the numerator of which is total shipments from all sources during the month for which the calculation is made, and the denominator of which is TFT, as described in (4) of this subsection;

(3) FOSFT equals firm transportation capacity

(A) held in the royalty reporting period for which the calculation is made; and

(B) acquired through a commitment made in the first binding open season for the Alaska mainline or Canada mainline, as applicable;

(4) TFT equals total firm transportation capacity

(A) held in a royalty reporting period for which the calculation is made; and

(B) acquired through commitments made in the first and subsequent binding open seasons for the Alaska mainline or Canada mainline, as applicable.

(e) Allocated capacity, as calculated under (d) of this section, becomes fixed at the value for the preceding royalty reporting period in the first month beginning after not less than five years of commercial operations of the Alaska mainline if, for that mainline, the qualified person's shipments from all sources for the month for which the calculation is made are less than 95 percent of total firm transportation capacity, as calculated under (d) of this section. The shortfall in shipments must be for reasons other than a temporary reduction in shipments caused by maintenance, pipeline expansion, or force majeure.

(f) In determining a deduction for unused capacity under this section, a qualified person shall make appropriate adjustments to the calculations made under (d) and (e) of this section to account for commitments to firm transportation capacity for some but less than all segments of a mainline and for shipments on some but less than all segments of a mainline.

(g) Actual and reasonable costs of unused capacity under this section do not include the cost of

(1) capacity other than capacity acquired through a commitment to firm transportation capacity made in the first binding open season for the project;

(2) capacity in excess of the volume or duration specified in a commitment to firm transportation capacity specified in a bid submitted under 11 AAC 25.020(a)(1) or its equivalent for the Canada mainline, excluding any option for extension of the term of years;

(3) capacity released to another shipper, except to the extent that the other shipper pays less for that capacity than the lessee or its affiliate is required to pay for that capacity, in which case the quantity released for purposes of this paragraph is calculated as the total quantity released multiplied by a fraction, the numerator of which is the amount the other shipper pays for the capacity, and the denominator of which is the amount the lessee or its affiliate would be allowed to claim as a transportation deduction under this chapter for the same capacity if it transported qualified gas in that capacity;

(4) capacity acquired from another shipper, except for capacity acquired in connection with the acquisition of substantially all of the releasing shipper's North Slope assets;

(5) unused capacity for which the person is entitled to a deduction in calculating royalties due any royalty owner other than the state;

(6) reservation charges for or attributable to pipeline, measurement, compression, and other permanent and temporary facilities existing before the date of sanction by the licensee for the Alaska mainline; or

(7) expenses other than a reservation charge paid for unused capacity, net of any proceeds, refund, credit, or compensation for the unused capacity.

(h) Amounts deductible under this section for unused capacity are deducted proportionately from destination values calculated under 11 AAC 25.100 - 11 AAC 25.120 by applying the same principles for attributing used capacity to individual leases and to unprocessed gas, residue gas, gas plant products, and LNG.

(i) Royalty payments due the state may be reduced only by the royalty-in-value share of the costs of unused capacity calculated under this section.

(j) The lessee shall set out the unused capacity deductions calculated under this section as separate entries on royalty reports filed with the department and may not use these deductions to reduce the royalty value of unprocessed gas, residue gas, gas plant products, or LNG below zero.

(k) In this section,

(1) "sanction" has the meaning given in AS 43.90.900;

(2) "shipments of production from leases" and "total shipments from all sources" on the Alaska mainline or Canada mainline, as applicable, include shipments of production on firm transportation capacity, interruptible capacity, authorized overrun service, or any other type or level of transportation service.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.230 Processing costs

(a) In calculating the monthly value of the state's royalty share of qualified gas, a lessee may deduct processing costs only to the extent authorized by 11 AAC 25.060 - 11 AAC 25.090 and 11 AAC 25.230 - 11 AAC 25.260. Processing costs will be allowed only if they are the actual and reasonable processing costs incurred and paid by the lessee or its affiliate and not refunded to the lessee or its affiliate for processing qualified gas between the inlet to the Alaska mainline and destination.

(b) A processing allowance may not be deducted from the value of unprocessed gas, residue gas, methane, or condensate in calculating the monthly value of the state's royalty share of qualified gas.

(c) If the commissioner establishes a quality differential under 11 AAC 25.140(b) that a lessee may elect to take in lieu of a processing allowance, a lessee may not take both the quality differential and a processing allowance in calculating the monthly value of the state's royalty share of qualified gas.

(d) For purposes of 11 AAC 25.230 - 11 AAC 25.260, a processing plant is an affiliate of a lessee if the lessee and the processing plant are affiliated at any time during the royalty reporting period, or were affiliated when the contract for processing was executed or an agreement for processing was made.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.240 Processing contracts at arm's length

(a) If a lessee or its affiliate processes qualified gas under an arm's length contract, the processing allowance used to determine the monthly value of that lessee's qualified gas must be the actual and reasonable costs incurred and paid by the lessee or its affiliate for processing, less any costs not allowed under 11 AAC 25.060 - 11 AAC 25.090 or 11 AAC 25.230 - 11 AAC 25.260. The lessee shall demonstrate that a contract is arm's length.

(b) If the commissioner determines that the consideration set out in an arm's length contract exceeds the consideration actually transferred either directly or indirectly from the lessee or its affiliate to the processor for the processing, the commissioner may require that the processing allowance be reduced or redetermined under 11 AAC 25.250.

(c) If the commissioner determines that the consideration paid under an arm's length processing contract exceeds the reasonable value of the processing because of misconduct by the contracting parties, or because the lessee has by other means breached a duty to the state to market the production for the mutual benefit of the lessee and the state, the commissioner may require that the processing allowance be reduced or redetermined under 11 AAC 25.250.

(d) An allowance may not be taken for the cost of processing a component for which a royalty share is not reserved to the state.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.250 Processing contracts not at arm's length

(a) If a lessee or its affiliate processes qualified gas in an affiliated gas processing plant, the processing allowance used to determine the monthly value of that lessee's qualified gas must be the plant affiliate's allowable actual and reasonable costs allocated to the royalty reporting period as provided in 11 AAC 25.060 - 11 AAC 25.090 and 11 AAC 25.230 - 11 AAC 25.260.

(b) The processing allowance for a non-arm's length contract or an arrangement without a contract is based upon the plant affiliate's actual and reasonable, directly attributable and allocable processing costs in the form of operating and maintenance expense, overhead, depreciation, and a return on undepreciated capital investment as provided in (d) of this section. Allowable capital costs are the original costs for depreciable fixed assets, including costs of delivery and installation of capital equipment that is an integral part of the processing plant.

(c) To compute depreciation for the purposes of this section, the lessee shall use straight-line depreciation based on the economic life of the processing plant. A change in ownership of a processing plant does not alter the depreciation schedule established by the original processor or lessee for purposes of calculating a processing allowance under this chapter. Notwithstanding a change in ownership, a processing plant may only be depreciated once. Equipment may not be depreciated below a reasonable, positive salvage value.

(d) Each February, the department will determine and publish the prevailing yield during the preceding January on corporate bonds whose relevant characteristics are comparable to those for which Moody's Investor Services, Inc., published its Moody's Seasoned Baa Corporate Bond Yield - All Industries for January 2010. The prevailing yield published by the department is the rate of return for purposes of calculating the return for that calendar year on undepreciated capital investment under (b) of this section.

(e) For new processing plants processing gas involved in a non-arm's length transaction, the lessee shall include in its initial processing allowance estimates of the allocable gas processing costs allowed under (b) of this section for the applicable royalty reporting period. Cost estimates must be based upon the most recently available operations data for the plant; if these data are not available, the lessee shall base cost estimates upon industry data for similar gas processing plants. To the extent that a processing allowance is based on estimates, the lessee shall file royalty reports revising the allowance after actual costs are known.

(f) The billing determinant to be used in calculating a processing allowance under this section is throughput for the processing plant, except that the billing determinant is contract capacity if

(1) the processing plant is constructed after FERC issues a certificate of public convenience and necessity for the Alaska mainline; and

(2) the processing plant solicits and accepts bids for firm processing capacity.

(g) A reasonable share of overhead directly attributable and allocable to the operation and maintenance of a processing plant involved in a non-arm's length transaction is an allowable operating expense for purposes of this section.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.260 Non-allowable processing costs

(a) A lessee may not include the following costs in determining an arm's length processing allowance under 11 AAC 25.240 or a non-arm's length processing allowance under 11 AAC 25.250:

(1) a cost not directly related to processing of qualified gas;

(2) a cost for processing qualified gas downstream of destination;

(3) a cost greater than the consideration transferred, either directly or indirectly, from the lessee or its affiliate to the processor, regardless of the cost or fee identified in a processing contract;

(4) a cost incidental to marketing;

(5) a cost for a processes that normally take place on or near the lease or unit of production, including natural pressure reduction, mechanical separation, heating, cooling, dehydration, compression, and other acts undertaken to put gas in marketable condition.

(b) A lessee may not include the following capital costs in determining a non-arm's length processing allowance under 11 AAC 25.250:

(1) a cost for capital improvement or equipment that is not an integral part of the processing facility;

(2) nondepreciable property, including land and a pipeline right-of-way;

(3) a facility used to store, deliver, or otherwise dispose of residue gas or gas plant products after extraction.

(c) A lessee may not include the following noncapital costs in determining a non-arm's length processing allowance under 11 AAC 25.250:

(1) operating and maintenance cost not directly related to processing;

(2) a cost associated with a capital improvement or equipment if the cost of the capital improvement or equipment is disallowed under (b) of this section;

(3) federal, state, or other income taxes;

(4) production or severance taxes;

(5) royalty payments.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.270 Plant costs for LNG

(a) In calculating the monthly value of the state's royalty share of qualified gas, a lessee may deduct plant costs for liquefaction and regasification using the same rules for the deduction of plant costs for processing set out in 11 AAC 25.060 - 11 AAC 25.090 and 11 AAC 25.230 - 11 AAC 25.260, except as provided in this section. LNG plant costs will be allowed only if they are the actual and reasonable plant costs incurred and paid by the lessee or its affiliate and not refunded to the lessee or its affiliate for liquefaction or regasification of qualified gas between the inlet to the Alaska mainline and destination.

(b) With respect to storage, the prohibition set out in 11 AAC 25.260(b)(3) applies in the case of LNG only after regasification is complete.

(c) For purposes of this section, an LNG plant is an affiliate of a lessee if the lessee and the LNG plant are affiliated at any time during the royalty reporting period, or were affiliated when the contract with the plant was executed or an agreement with the plant was made.

(d) In this section, in addition to having the meaning given in 11 AAC 25.900, "processing" includes liquefaction and regasification.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.280 Lease amendment for switching between royalty-in-value and royalty-in-kind gas

(a) A qualified person that has elected under AS 43.90.310(b)(2) and 11 AAC 25.040 to enter into a contract with the state to amend the existing lease terms that apply to the state's exercise of the state's right to switch between taking the state's royalty share of qualified gas in value or in kind must submit a contract amendment form provided by the department.

(b) While the Federal Energy Regulatory Commission's (FERC) Order on Petition for Waiver, 130 FERC ¶ 61,070 (Docket no. RP10-145-000, January 28, 2010) is in effect, an amended contract under AS 43.90.310(b)(2) and this section will require

(1) the lessee or its affiliate to provide, and the state or the state's royalty-in-kind purchaser to obtain, firm transportation capacity on the Alaska mainline and, if required under (f) of this section, the Canada mainline by temporary release of capacity from the lessee or its affiliate to the state or the state's royalty-in-kind purchaser when royalty gas that is qualified gas is shipped on the Alaska mainline in kind rather than in value;

(2) the state or the state's royalty-in-kind purchaser to pay the same transportation rate to the same delivery point that the lessee or its affiliate would pay the Alaska mainline and, if required under (f) of this section, the Canada mainline for the firm transportation capacity released, notwithstanding higher or lower recourse rates, and notwithstanding a decision by the state or the state's royalty-in-kind purchaser to ship the royalty-in-kind gas to a delivery point other than the delivery point for the capacity that is to be released; and

(3) the state to increase the notice period for switching between royalty in value and royalty in kind from the period specified in the existing lease to

(A) 120 days if the estimated quantity that is the subject of a notice of switching exceeds 100,000 MMBtus per day but is less than 200,000 MMBtus per day; and

(B) 180 days if the estimated quantity that is the subject of a notice of switching is 200,000 MMBtus per day or greater.

(c) When FERC's Order on Petition for Waiver, 130 FERC ¶ 61,070 (Docket no. RP10-145-000, January 28, 2010) is not in effect, an amended contract under AS 43.90.310(b)(2) and this section will require the state to increase the notice period for switching between royalty in value and royalty in kind from the period specified in the existing lease to 180 days.

(d) If a lessee intends to sell more than 80 percent of the lessee's qualified gas under arm's length sales agreements requiring deliveries over a period exceeding one year, the lessee may apply to the commissioner for an extension of the notice periods set out in (b) and (c) of this section. The commissioner may grant the application if the commissioner determines that the extension

(1) is necessitated by the lessee's arm's length sales agreements requiring deliveries over a period exceeding one year, and is limited to the time period and quantity set out in the sales agreements;

(2) does not interfere with an ongoing royalty-in-kind sale or a proposed royalty in-kind sale that has been publicly noticed; and

(3) does not compromise the state's ability to sell royalty-in-kind gas for consumption as fuel in the state, including consumption as fuel to generate electricity in the state.

(e) If a lessee or its affiliate that is required to provide firm transportation capacity to the state or the state's royalty-in-kind purchaser under (b) of this section holds firm transportation capacity that extends from more than one receipt point or to more than one delivery point on the Alaska mainline and, if required under (f) of this section, the Canada mainline, the commissioner may determine the receipt and delivery points for the capacity to be temporarily released by determining the receipt and delivery points for the state's royalty gas share as if it were to be taken in value rather than in kind.

(f) If the receipt and delivery points for taking the state's royalty share of qualified gas include receipt and delivery points on both the Alaska mainline and the Canada mainline, and upon the state's switching from royalty in value to royalty in kind, the obligations to provide, accept, and pay for capacity that is temporarily released under (b) of this section extend to both the Alaska mainline and the Canada mainline, even if the state or the state's royalty-in-kind purchaser chooses to transport the royalty-in-kind gas on only the Alaska mainline. However, the obligations to provide, accept, and pay for capacity on the Canada mainline is limited to the state's royalty-in-kind share of capacity acquired in the first binding open season for the Canada mainline.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.290 Request to amend lease, unit agreement, or royalty settlement agreement under AS 43.90.310(b)

(a) A qualified person that has elected a royalty inducement under AS 43.90.310 and 11 AAC 25.040 may request, on a request form provided by the commissioner, that the commissioner contractually amend an existing lease. The request form must be signed by a representative of the applicant that is authorized to enter into an agreement to amend the lease.

(b) A request to amend a lease must be submitted at the same time that the qualified person submits the election form for a resource inducement under 11 AAC 25.040. The commissioner will not approve a request to amend a lease until after the commissioner has approved the qualified person's election of resource inducement under 11 AAC 25.040.

(c) An amendment to a lease under AS 43.90.310(b) and this chapter affects only the provisions or parts of a provision of the lease that are amended and shall not be construed as an amendment to any other provision of the lease, unit agreement, or royalty settlement agreement.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.300 Information and audits

(a) The commissioner may require a person that has elected under AS 43.90.310(b)(1) and 11 AAC 25.040 to calculate the monthly value of the state's royalty share of qualified gas under the royalty value methodology set out in 11 AAC 25.060 - 11 AAC 25.270 to submit reports and other information to the state, including information relating to value of the state's royalty share of gas under this chapter and

(1) the lease terms in effect before the lease was amended under AS 43.90.310(a); and

(2) the lessee's royalty obligations for non-qualified royalty gas.

(b) If a lessee's royalty report or royalty payment to the state is based on information that is erroneous, that is inaccurate, that is an estimate before actual data is available, that is later adjusted or disallowed on audit, or that is inconsistent with this chapter or other state or federal law, the lessee shall amend its royalty report and pay the balance of any royalties due as provided under AS 38.05.135(c) - (e).

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.310 No retroactive effect

A retroactive change will not be made to

(1) the designation of a first destination market under 11 AAC 25.100;

(2) the designation of a source of a published price under 11 AAC 25.100 or 11 AAC 25.110;

(3) the designation of a market center under 11 AAC 25.110;

(4) the designation of a location differential under 11 AAC 25.130, other than a retroactive adjustment to destination value and location differentials under 11 AAC 25.130(e); or

(5) the designation of a quality differential under 11 AAC 25.140.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.320 Conversion of foreign currency and units of measurement

(a) If a dollar amount is in Canadian dollars, it must be converted to United States dollars based on the

(1) exchange rate from the Bank of Canada on the date of the transaction, if the transaction pertains only to that date;

(2) relevant month's average exchange rate from the Bank of Canada, if the transaction is not one described in (1) of this subsection.

(b) If a quantity is designated in GigaJoules, the quantity must be converted to MMBtus.

History

Authority: AS 38.05.020; AS 38.05.180; AS 43.90.310
Eff. 5/29/2010, Register 194

11 AAC 25.900 Definitions

In this chapter, unless the context requires otherwise,

(1) "actual cost" means the full consideration paid;

(2) "affiliate" has the meaning given in AS 43.90.900;

(3) "AFUDC" means allowance for funds used during construction;

(4) "Alaska mainline"

(A) means, with respect to the pipeline system licensed under AS 43.90, the section of the pipeline system that is within this state, that originates at a point in or near Prudhoe Bay, and that terminates at one or more of the following locations:

(i) the Alaska/Yukon border near Beaver Creek;

(ii) Valdez; and

(B) does not include a gas pipeline upstream of the Prudhoe Bay unit, a gas pipeline between Point Thomson and Prudhoe Bay, a gas treatment plant on the North Slope, other facilities used to treat gas to meet pipeline specifications, or an LNG plant or terminal;

(5) "allowance" means a deduction in determining the monthly value of the state's royalty share of qualified gas;

(6) "area" means a geographic region or geologic province, including the Cook Inlet basin or the North Slope of the state;

(7) "arm's length" or "arm's length contract" means a contract or agreement that when executed or made and for each royalty reporting period that it remains in effect is between independent persons who are not affiliates and who have opposing economic interests regarding that contract or agreement;

(8) "Btu" or "British thermal unit" means the quantity of heat required to raise the temperature of one pound of water from 58.5° Fahrenheit to 59.5° Fahrenheit at a constant pressure of one atmosphere;

(9) "Canada mainline" has the meaning given "Yukon - BC Section" in TransCanada Alaska Company LLC's original, November 30, 2007 application for license under AS 43.90; the definition of "Yukon - BC section" at page 12 of the glossary in that application is adopted by reference;

(10) "commissioner" means the commissioner of natural resources;

(11) "commissioners" means the commissioner of natural resources and the commissioner of revenue, jointly;

(12) "component" means a constituent part of gas, whether hydrocarbon or nonhydrocarbon; "component" includes

(A) methane;

(B) ethane;

(D) butane;

(E) isobutane;

(F) normal butane;

(G) pentane;

(H) pentane plus;

(I) condensate recovered downstream of the inlet to the Alaska mainline; and

(J) carbon dioxide and other nonhydrocarbon gases;

(13) "compression" means the process of raising the pressure of gas;

(14) "condensate" means liquid hydrocarbons existing initially in a gaseous phase in an underground reservoir normally exceeding 40° of API gravity, recovered at the surface as a result of condensation without resorting to processing;

(15) "contract" means an oral or written agreement, including amendments or revisions, between two or more persons with due consideration that creates an obligation enforceable by law;

(16) "control" has the meaning given in AS 43.90.900;

(17) "department" means the Department of Natural Resources;

(18) "destination," when used to refer to the destination of unprocessed gas, residue gas, gas plant products, condensate, or LNG, means destination as determined under 11 AAC 25.080 and 11 AAC 25.100(b);

(19) "downstream" means a point

(A) physically connected by one or more natural gas pipelines; and

(B) generally further from the lease or unit of production, along a path on which gas is flowing from supply receipt points to demand delivery points;

(20) "FERC" means the Federal Energy Regulatory Commission of the United States Department of Energy, or the agency succeeding to its regulatory functions;

(21) "FERC Form 2" means the Federal Energy Regulatory Commission's FERC Financial Report, FERC Form No.2: Annual Report of Major Natural Gas Companies, as revised as of March 26, 2010 and adopted by reference;

(22) "field" means that part of an area underlain by one or more overlapping, contiguous, or superimposed pools, including the Prudhoe Bay field;

(23) "first binding open season" means the project's first open season

(A) in which the licensee requires binding bids for capacity from shippers; and

(B) that concludes no later than December 5, 2011;

(24) "first destination market" means a market that the commissioner has designated a first destination market under 11 AAC 25.100;

(25) "fractionated gas plant product"

(A) means any of the following gas plant products:

(i) ethane;

(ii) propane;

(iii) butane;

(iv) isobutane;

(v) normal butane;

(vi) pentane;

(vii) pentane plus;

(B) does not include NGL mix or condensate;

(26) "gas" means all natural gas and hydrocarbons produced at a well not defined as oil under 11 AAC 88.185;

(27) "gas plant product"

(A) means a separate marketable element, compound, or mixture, whether in liquid, gaseous, or solid form, resulting from processing gas after the inlet to the Alaska mainline;

(B) includes

(i) NGL mix;

(ii) ethane not included in residue gas;

(iii) propane;

(iv) butane;

(v) isobutane;

(vi) normal butane;

(vii) pentane; and

(viii) pentane plus;

(28) "gathering" means the movement of lease production to a central accumulation or treatment point, whether that point is on or off the lease or unit of production;

(29) "lease" has the meaning given in AS 43.90.900; "lease" includes a unit agreement or royalty settlement agreement that amends the lease;

(30) "lease of production" means the state oil and gas lease or gas only lease from which gas is produced;

(31) "mainline" means either the Alaska mainline or the Canada mainline, as applicable;

(32) "marketing affiliate" means an affiliate of the lessee whose functions include acquisition of the lessee's production and marketing that production;

(33) "Mcf" or "Mcf of gas" means 1,000 cubic feet of gas measured at 60° Fahrenheit and 14.65 pounds per square inch (absolute);

(34) "MMBtu" means 1,000,000 British thermal units;

(35) "NGL" means one or more natural gas liquids that, singly or in combination, are extracted or recovered from unprocessed or partially processed gas; "NGL" includes

(A) ethane;

(B) propane;

(D) isobutane;

(E) normal butane;

(F) pentane; and

(G) pentane plus;

(36) "NGL mix" means a mixture of natural gas liquids that

(A) contains two or more of the following components in more than trace quantities:

(i) ethane;

(ii) propane;

(iii) butane;

(iv) pentane; and

(B) is generally the product of extraction at a processing plant but not fractionation;

(37) "North Slope" has the meaning given in AS 43.90.900;

(38) "North Slope gas" means gas produced on the North Slope;

(39) "open season" has the meaning given in AS 43.90.900;

(40) "pentane plus" means pentane and heavier hydrocarbons extracted or fractionated at a gas processing plant;

(41) "processing"

(A) has the meaning given "gas processing" in AS 43.90.310(a)(2)(C);

(B) includes processes designed to remove hydrocarbon or nonhydrocarbon elements or compounds from gas after the gas has entered the Alaska mainline, including absorption, adsorption, or refrigeration;

(42) "processing allowance" means an allowance determined under 11 AAC 25.060 - 11 AAC 25.090 and 11 AAC 25.230 - 11 AAC 25.260 for the actual and reasonable costs of processing gas;

(43) "profile for capital recovery" means the depreciation profile, including levelization if used, and the amount of capital to be recovered over the contract term expressed as a percentage;

(44) "project" has the meaning given in AS 43.90.900;

(45) "qualified gas" means gas that is qualified under 11 AAC 25.030 for royalty inducements;

(46) "qualified person" means a lessee or other person who qualifies under 11 AAC 25.020;

(47) "residue gas" means hydrocarbon gas that, after processing, consists primarily of methane, has a maximum heating value of 1,110 Btus per cubic foot, and is suitable for end-user markets;

(48) "royalty reporting period" means the calendar month in which gas or associated substances are produced and either removed or sold from a lease, or from a unit if the lease is within a unit;

(49) "royalty settlement agreement" means a settlement agreement that

(A) is executed by the state and one or more lessees and approved by a court; and

(B) resolves all or a portion of royalty issues in dispute in litigation;

(50) "transportation allowance" means an allowance for the actual and reasonable cost of moving qualified gas away from the unit of production to destination; "transportation allowance" does not include gathering costs or any other cost incurred with regard to the lease or unit of production;

(51) "transportation affiliate" means an affiliate of the lessee whose principal function is transportation of hydrocarbons by pipeline or tanker, and who transports some or all of the lessee's gas;

(52) "unit of production" means the oil and gas unit, or gas only unit, from which gas is produced;

(53) "unprocessed gas" means gas that is not residue gas, a gas plant product, or LNG;

(54) "upstream" means a point

(A) physically connected by one or more natural gas pipelines; and

(B) generally closer to the lease or unit of production when traveling opposite the path on which gas is flowing from supply receipt points to demand delivery points;

(55) "1980 Prudhoe Bay Royalty Settlement Agreement" means the royalty settlement agreement approved by the superior court in In the Matter of ANS Royalty Litigation, 1JU-77-847 Civil on August 13, 1980;

(56) "1995 ANS Royalty Settlement Agreements" means the royalty settlement agreements approved by the superior court in In the Matter of ANS Royalty Litigation, 1JU-77-847 Civil on March 15, 1995, April 6, 1995, April 7, 1995, or May 22, 1995.

History

Authority: AS 38.05.020; AS 43.90.300; AS 43.90.330 AS 38.05.180; AS 43.90.310; AS 43.90.410
Eff. 5/29/2010, Register 194

Chapter 26 Alaska Royalty Oil and Gas Development Advisory Board

Article 1 Administrative Matters

11 AAC 26.010 Executive director

The board will, in its discretion, hire or appoint an executive director and set the terms of his or her employment by majority vote of the board. The executive director shall perform duties assigned by the board.

History

Authority: AS 38.06.040
Eff. 7/19/81, Register 79; am 5/11/86, Register 98

11 AAC 26.020 Officers

The officers of the board are a chairman and vice-chairman. The chairman shall preside over meetings of the board. The vice-chairman shall assist the chairman and shall assume the chairman's duties when the chairman is absent. The chairman and vice-chairman will be elected annually from among the public members at the first regular meetings after July 1 of each year. They shall serve until the first meeting after July 1 of the following year or until their successors are elected.

History

Authority: AS 38.06.025; AS 38.06.040
Eff. 7/19/81, Register 79; am 5/11/86, Register 98

11 AAC 26.021 Substitute attendance

Only the commissioners of commerce, community, and economic development, revenue, and natural resources may designate a substitute for attendance for them at the board meetings. Substitutes must be designated, in writing, before each board meeting. Substitutes for the commissioners of commerce, community, and economic development and revenue have full voting power and their presence counts toward a quorum.

History

Authority: AS 38.06.035; AS 38.06.040
Eff. 7/19/81, Register 79

11 AAC 26.030 Public meetings

Subject to the exceptions of this chapter and AS 44.62.310, the meetings of the board are public. Reasonable public notice will be given for all public meetings of the board. The notice will include the date, time, and place, of the meetings; general topics to be discussed or considered; and the location of any teleconferencing facilities that will be used.

History

Authority: AS 38.06.035; AS 38.06.040; AS 44.62.310
Eff. 7/19/81, Register 79; am 5/11/86, Register 98

11 AAC 26.040 Regular meetings

The chairman shall set a time for regular meetings. The place of a regular meeting must be set by the chairman at the preceding regular meeting. No separate notice of a regular board meeting need be given to board members. The chairman or his or her designee shall notify absent board members of the place designated for the next regular meeting.

History

Authority: AS 38.06.035; AS 38.06.040; AS 44.62.310
Eff. 7/19/81, Register 79; am 5/11/86, Register 98

11 AAC 26.050 Special meetings

A special meeting of the board may be called at any time by the chairman or a majority of the voting members of the board. At least 14 days' advance notice of a special meeting must be given to members of the board unless the board waives this requirement.

History

Authority: AS 38.06.035; AS 38.06.040; AS 44.62.310
Eff. 7/19/81, Register 79

11 AAC 26.051 Public hearings

The board shall hold public hearings on proposed sales, exchanges, or other disposals of royalty oil or gas to determine whether the proposals comply with AS 38.06.070. The board shall give at least 14 days' notice before all public hearings. At least one board member must be present at all public hearings. All public hearings must be recorded and made part of the public record. Written testimony may be received and entered into the public record at the public hearing.

History

Authority: AS 38.06.035; AS 38.06.040; AS 38.06.070
Eff. 7/19/81, Register 79

11 AAC 26.060 Executive sessions

The board may hold meetings, a part of which are executive sessions closed to the public in accordance with AS 44.62.310(b) and (c). The board, in its discretion, will hold an executive session if it is necessary for the board to discuss or otherwise reveal information which the board has voted to accept as confidential information under 3 AAC 56.090.

History

Authority: AS 38.06.035; AS 38.06.060 AS 38.06.040; AS 44.62.310
Eff. 7/19/81, Register 79

11 AAC 26.070 Conference calls

The board will, in its discretion, meet and carry out the business of the board through the use of a telephone conference call. Attendance and participation at meetings by members of the public or members of the board may be by teleconferencing. Agency materials that will be considered at the meeting will be made available at the teleconference locations.

History

Authority: AS 38.06.035; AS 38.06.040; AS 44.62.310
Eff. 7/19/81, Register 79; am 5/11/86, Register 98

11 AAC 26.080 Documents available to public

The votes of board members will be recorded and made available to the public. Minutes compiled by the board at open sessions of meetings of the board which are used by the board as an official record of what transpired during those sessions are public records and are open to reasonable inspection by the public and are reasonably available for copying.

History

Authority: AS 38.06.010; AS 38.06.040; AS 40.25.120 AS 38.06.035; AS 40.25.110
Eff. 7/19/81, Register 79

11 AAC 26.090 Confidentiality of documents

(a) All documents or records submitted to or held by the board are public. However, a document or record in the possession or control of the board will not be available to, nor will a discussion of the document or record be open to the public if a majority of the board members determines, in accordance with this section, that the document or record contains confidential business or marketing information, the protection of which is essential to the person who has submitted them to the board or, in the judgment of the board, is essential to the best interests of the state.

(b) The board may receive and maintain confidential information under the following terms, conditions, and procedures:

(1) Qualifications. Any person or other entity having official business with the board may request that certain documents be received and maintained in confidence.

(2) Board Presentation. The party desiring to submit confidential information shall appear before the board during a regular public meeting, describe the nature of the confidential information and request that the board receive the information in confidence.

(3) Only confidential business or marketing information as defined in AS 38.06.060 will be considered for acceptance as confidential information.

(4) Vote of Board Required. Before viewing or receiving confidential information, the board shall determine, by majority vote, if the information will be received and maintained as confidential. The vote must be recorded and entered into the minutes of the meeting.

(5) Nondisclosure Letter Agreement. Before viewing or receiving confidential information, the board shall authorize a person and the party submitting confidential information to sign the board's standard-form nondisclosure letter agreement. The agreement must include a complete inventory of all information received as confidential; a distribution list of all persons to receive copies, have access, or view the confidential information; a verbatim copy of AS 38.06.060 relating to the board's authority to receive the confidential information; a copy of this section and other terms approved by the board relating to the board's agreement to maintain the information confidential.

(6) Distribution of Confidential Information. The board shall distribute confidential information in accordance with the nondisclosure letter agreement but only after each potential recipient of confidential information has signed the nondisclosure letter agreement and agrees to maintain the information in confidence. Confidential documents must be returned to the board after they have served their purpose.

History

Authority: AS 38.06.010; AS 38.06.040; AS 38.06.060
Eff. 7/19/81, Register 79

11 AAC 26.100 Official communications with the board

All official communication with the board must be in writing and addressed to the chairman, c/o the Alaska Department of Natural Resources, Division of Oil and Gas, P.O. Box 7034, Anchorage, Alaska 99510-7034, unless otherwise directed by the board.

History

Authority: AS 38.06.040
Eff. 7/19/81, Register 79; am 5/11/86, Register 98

11 AAC 26.110 Ex parte discussions with prospective purchasers

No member of the board other than the commissioner of natural resources may engage in substantive ex parte discussions with a prospective purchaser of royalty oil or gas.

History

Authority: AS 38.06.040
Eff. 7/19/81, Register 79; am 5/11/86, Register 98

11 AAC 26.120 Board actions

The votes by the board shall be recorded and made part of the public record. A vote shall be taken regarding

(1) receipt of confidential information;

(2) approval of the royalty oil and gas development plan;

(3) resolutions pertaining to recommendations and directions to the commissioner of natural resources;

(4) resolutions pertaining to recommendations relating to proposed sale, exchange, encumbrance, or other disposition of royalty oil and gas;

(5) calling of public hearing.

History

Authority: AS 38.06.010; AS 38.06.040; AS 38.06.070 AS 38.06.035; AS 38.06.050
Eff. 7/19/81, Register 79

Article 2 Duties of the Board

11 AAC 26.200 Development plans for royalty oil and gas

(a) The board will, in accordance with the criteria set out in AS 38.06.070, develop a plan for the wise development of the state's oil and gas royalty interests which is consistent with growth of the private sector of the economy, environmental standards required by law, and public fiscal stability.

(b) The plan shall be prepared and submitted to the governor, Department of Natural Resources, Department of Commerce, Community, and Economic Development, and the legislature annually. The board shall solicit comments from these agencies and include the comments received in the plan.

(c) The plan shall include a statement of state policy relating to disposals, royalty board policy guidelines, recommended contract terms and conditions, recommended procedures for sale of royalty oil and gas which includes

(1) qualifications of purchasers;

(2) procedures for competitive bidding;

(3) procedures for sales by negotiated contract; and

(4) procedures for solicitations of bids or applications.

The plan shall include specific goals and objectives and appropriate strategies for accomplishment. There will be a short-term (five years) and a long-term plan (10 years).

History

Authority: AS 38.06.040; AS 38.06.055 AS 38.06.050; AS 38.06.070
Eff. 7/19/81, Register 79

11 AAC 26.210 Recommendations and directions to commissioner of natural resources

(a) The board shall obtain updated lists from the Department of Natural Resources of royalty oil and gas that is available for disposal. The board will, in its discretion, recommend to the commissioner of natural resources the conditions relating to the sale, delivery, transportation, refining or processing of oil or gas which he may include in the offer and sale of oil or gas obtained by the state as royalty under AS 38.05.182.

(b) Recommendations and directions to the commissioner of natural resources from the board will be made by resolution.

(c) Recommendations for each sale may include price guidelines, quantity to be sold, instate use requirements, term of sale, and preferential purchasers.

(d) Recommendations for each sale may include procedures for solicitations of bids and applications, qualifications of purchasers, competitive bidding, and contract negotiations.

History

Authority: AS 38.06.040; AS 38.06.055 AS 38.06.050; AS 38.06.070
Eff. 7/19/81, Register 79

11 AAC 26.220 Review and recommendations of proposed sales

(a) If legislative approval is required in accordance with AS 38.06.055(a), proposed contracts or agreements must be received by the board at least 14 days before execution by the commissioner of natural resources and submission to the legislature.

(b) In accordance with AS 38.06.050(a), "prior review" means that the majority of the board members in attendance at a meeting of at least a quorum voted on the action proposed by the commissioner of natural resources and the final tally of votes of members of the board for and against the proposed action is recorded at the end of a document signed by the chairman setting out the recommendations to the legislature by the board.

(c) In accordance with AS 38.06.050(b), the notice of rejection of any bid or application must include any proposals received and correspondence from the rejected bidders.

(d) In accordance with AS 38.06.050(c), a written notice of waiver of competitive bidding must be received by the board. The board will, in its discretion, provide the commissioner of natural resources with its written comments and recommendations relating to the waiver.

(e) Repealed 5/11/86.

(f) The board will, after the receipt of sales contracts or agreements relating to proposed sales, exchanges, or other disposals of royalty oil and gas, recommend to the legislature that the sale be approved or disapproved. The report may include the recommendations and analysis of the majority of the board, a minority report if necessary, a legal report, a record of the public hearing, and a technical or staff report.

History

Authority: AS 38.06.040; AS 38.06.055 AS 38.06.050; AS 38.06.070
Eff. 7/19/81, Register 79; am 5/11/86, Register 98

Article 3 General Provisions

11 AAC 26.300 Definitions

In this chapter and in AS 38.06, unless the context otherwise requires

(1) "board" means the Alaska Royalty Oil and Gas Development Advisory Board;

(2) "state officers or employees" does not include members of the University of Alaska faculty and staff.

History

Authority: AS 38.06.040
Eff. 7/19/81, Register 79

Part 4 Agriculture

Chapter 32 Marketing and Grading

Article 1 Potato Regulations

11 AAC 32.010 General requirements

(a) All potatoes sold, displayed, or offered for sale or shipment, in a container, for general consumption, must conform to one of the potato grades stated in 11 AAC 32.020, must be packed in a container authorized under 11 AAC 32.040, and must be labeled to conform with 11 AAC 32.050.

(b) Repealed 10/28/87.

History

Authority: AS 03.05.010; AS 03.05.030

11 AAC 32.020 Grades authorized

(a) The potato grades adopted and designated as the official grades for the state are U.S. Extra No. 1, U.S. No. 1, U.S. Commercial, U.S. No. 2, and U.S. No. 1 seed potatoes, as contained in United States Standards for Grades of Potatoes, as revised as of February 5, 1972, and United States Standards for Grades of Seed Potatoes, as revised as of April 29, 1972.

(b) In addition to the grades authorized in (a) of this section, a lot of potatoes that fails to meet a U.S. No. 2 grade or better will be designated as "culls."

History

Authority: AS 03.05.010; AS 03.05.030

11 AAC 32.030 Size classifications

Repealed 10/28/87.

11 AAC 32.040 Containers authorized

Potatoes for general consumption must be packed in new containers or used containers that are clean, sound, and bright, except that certified seed potatoes must be packed in new containers.

History

Authority: AS 03.05.010; AS 03.05.030

11 AAC 32.050 Label required

(a) Except as provided in 11 AAC 32.080, each container of potatoes sold, offered, or displayed for sale for general consumption must be conspicuously and legibly labeled in the English language to show the following information:

(1) common name of the product, unless the container is transparent and the product is easily and readily identifiable through the container;

(2) name and address, including zip code, of the grower or packer;

(3) net weight; and

(4) grade of potatoes, in letters not less than one inch in height on containers holding 24 pounds or more, and in letters not less than one-half inch in height on containers holding less than 24 pounds.

(b) Potatoes represented as seed potatoes must, in addition to the requirements of (a) of this section, have attached to each container or display the applicable certification tag or identification issued by the official certification agency of the state or country of origin.

(1) product name;

(2) net weight of the product; and

(3) name and address, including zip code, of the grower or packer.

(d) All previously used labels on a used container must be completely removed or obliterated, but a permanently labeled used sack may be turned inside out.

(e) A firmly attached shipping tag may be used for labeling on plain or turned sacks.

History

Authority: AS 03.05.010; AS 03.05.030

11 AAC 32.060 Misrepresentation

No person may misrepresent the quality, condition, size, or origin of any potatoes by means of mislabeling, deceptive packing, oral assertion, or by any other manner or means.

History

Authority: AS 03.05.010; AS 03.05.030

11 AAC 32.070 Superior markings

No container of potatoes may bear a marking, brand, or designation of quality such as "extra selected," "selected," "select," "extra fancy," "fancy," "choice," "No. 1," or other similar superlative designation implying a reasonably high quality, unless the contents of the container conform at least to the requirements of the U.S. No. 1 Grade.

History

Authority: AS 03.05.010; AS 03.05.030

11 AAC 32.080 Exemptions from labeling

(a) A container of potatoes being sold or delivered on government contract or on contract to a restaurant or mess hall is exempt from labeling if the contract specifies that inspection is to be made by an authorized inspector before delivery.

(b) Potatoes being transported from one grading or packing house to another, from the field to the grading or packing house, from one field to another field, or being offered for sale for livestock feed, are exempt from the requirements of 11 AAC 32.010 - 11 AAC 32.090.

(d) Seed potatoes moved or transported between growers because of a preplant contract, and not offered for sale for general consumption, such as seed potatoes for commercial production, require no labeling.

History

Authority: AS 03.05.010; AS 03.05.030

11 AAC 32.090 Definitions

In this chapter,

(1) "authorized inspector" includes the director of the division of agriculture in the Department of Natural Resources, the director's authorized representative, or a federal or state horticultural inspector;

(2) "container" means a sack, box, crate, chest, lug, basket, carton, barrel, keg, drum, or other similar receptacle in which potatoes are sold;

(3) "deceptive packing" means that a container has, in the outer layer or on an exposed surface, potatoes that are in quality, size, condition, or in any other respect so superior to those in the interior of the container or in the unexposed portion, as to materially misrepresent the contents;

(4) "general consumption" applies to potatoes destined for sale to the general public either through stores, restaurants, mess halls, produce stands, or in any other manner, except "on the farm" sales directly to a consumer;

(5) "master container" means a package containing two or more individual packages of the same commodity in the same quantity;

(6) "mislabeling" means placing, or the presence of, a false or misleading statement, design, or device, upon a container, upon the label or lining of a container, upon a potato wrapper, or upon a placard, that is used in connection with a container and that refers to the potatoes; a statement, design, or device is false or misleading if the potatoes or container to which it apparently or actually refers does not conform in every respect to the statement;

(7) "pack," "packing," or "packed" means the regular compact arrangement of all or part of potatoes in a container;

(8) "person" includes firm, corporation, company, association, cooperative, partnership or business combination of any nature;

(9) "sold or sale" includes offering for sale, exposing for sale, having in possession for sale, exchanging, bartering and trading.

History

Authority: AS 03.05.010; AS 03.05.030

Article 2 Shell Egg Regulations

11 AAC 32.110 General requirements

(a) All Alaska produced shell eggs sold, displayed, offered for sale, or for shipment within the state for general consumption, shall conform to one of the Grade and Weight classes as stated in 11 AAC 32.120, and shall be labeled to conform with 11 AAC 32.130.

(b) All shell eggs shipped into the state for general consumption shall conform to one of the grade classes and weight classes as stated in 11 AAC 32.020, and shall be labeled to conform with 11 AAC 32.050.

History

Authority: AS 03.05.010 - 03.05.080

11 AAC 32.120 Grade and weight classes

(a) The shell egg grades adopted and designated as official grades for the state are identical to those of the United States Department of Agriculture, presently in effect and as amended from time to time.

These regulations are adopted by reference. The official U.S. Standards, Grades, and Weight Classes for Shell Eggs, are published by the U.S. Department of Agriculture and are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20250 and from State Division of Agriculture, Department of Natural Resources, P.O. Box 949, Palmer, Alaska 99645.

(b) Additional Permitted Tolerances.

(1) Within the maximum tolerance permitted, an allowance will be made at receiving points or shipping destination for one-half percent leakers in Grades AA, A, and B, and one percent in Grade C.

(2) At shipping destination an additional tolerance of five percent shall be permitted for checks. This tolerance is provided for the purpose of compensating for shell damage that might occur during extreme handling conditions and are not applicable to point of origin inspection.

(c) Weight Classes: The weight classes adopted and designated as official for the State are identical to those of the United States Department of Agriculture, presently in effect and as amended from time to time.

These regulations are adopted by reference. The official U.S. Standards, Grades, and Weight Classes for Shell Eggs, are published by the U.S. Department of Agriculture and are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20250 and from the State Division of Agriculture, Department of Natural Resources, P.O. Box 949, Palmer, Alaska 99645.

History

Authority: AS 03.05.010 - 03.05.080

11 AAC 32.130 Labeling cases, cartons, and other containers

(a) Standard shipping containers containing shell eggs shall be deemed to meet the requirements of this chapter when the name and address of producer, packer, or distributor of such eggs, and the grade and weight class of the eggs contained therein are legibly shown on one outward end of each container. The grade and weight class shall be shown in letters not less than one-half inch in height.

(b) Cartons, boxes, bags, or other consumer packages containing eggs intended for sale by distributors or retailers shall be deemed to meet the requirements of this chapter when the name and address of the packer, distributor, producer, or retailer and the grade and weight class of the eggs contained therein are legibly and visibly shown on the front or top of each container. The grade and weight class shall be shown in letters not less than one-fourth of one inch in height.

(c) Whenever loose eggs, commonly referred to as bulk displays, are offered for sale to consumers in baskets, cases, boxes, or other containers, by distributors or retailers, the display containers shall be labeled to legibly and visibly show the name and address of the packer, distributor, or producer and the correct grade and weight class of the eggs contained therein, with legible letters not less than one-half inch high. The grade and weight class shall be written or printed on, or otherwise attached to or clearly associated with, the containers or display of such eggs, and such designation shall be plainly visible to the public when the eggs or containers of such eggs are visible to the public.

(d) Inspection and/or labeling marks, having reference to shell eggs or shell egg products appearing on any container by reason of previous use shall be removed or obliterated before re-use.

(e) All label information required by this section shall be in the English language.

(f) All containers (including display containers of bulk eggs) of eggs not produced in the state shall contain the word "Imported" or the state of origin on the top facing of each container in legible and conspicuous letters not less than one-half of one inch in height. Standard shipping containers shall be deemed to meet the requirements of this chapter when the word "imported" or state of origin is on one outward end of each container.

History

Authority: AS 03.05.010 - 03.05.080

11 AAC 32.140 Ownership of eggs

All eggs shall be considered the property of the person in whose possession or on whose premises they are found except those in the custody of common carriers, or persons, firms, or corporations engaged only to transport eggs, or public warehouses where the owner is identified by record.

History

Authority: AS 03.05.010 - 03.05.080

11 AAC 32.150 Misrepresentation

(a) Eggs shall not be offered for sale, exposed for sale, or held in possession with intent to sell in the state, if the package, container, or display, bears any statement or device which is false or misleading in any manner.

(b) The word "fresh," "nulaid," "country," "hennery," "day-old," "select," "certified," "best," "fresh-laid," "guaranteed," or any other similar descriptive terms are prohibited in connection with advertising or selling eggs unless such eggs conform to at least Grade A as defined in sec. 120 of this chapter.

(d) Eggs shall not be referred to in any manner as "airborne" unless transported into the state by aircraft.

History

Authority: AS 03.05.010 - 03.05.080

11 AAC 32.160 Inspection of imported eggs prior to shipment

(a) Eggs shipped into the state from other states shall be inspected by an authorized inspector within 72 hours of shipment and shall meet the grade, and marking requirements set forth in this chapter. Each case shall be legibly stamped with the United States Department of Agriculture official grade mark and date of inspection.

(b) Eggs shipped into the state from Canada shall be inspected by an official Canadian inspector within 72 hours of shipment and shall meet the grade, and marking requirements set forth in this chapter. Each case shall be legibly stamped with the official Canadian mark and date of inspection.

History

Authority: AS 03.05.010 - 03.05.080

11 AAC 32.170 Exemptions

(a) Eggs shall be exempt from this chapter when sold and packed on a contract basis for Governmental institutions, when such contracts specify inspection at point of origin by an authorized inspector.

(b) Eggs shall be exempt when being delivered to or when in possession of a dealer for candling or grading.

(c) Eggs produced in Alaska shall be exempt from the grading and labeling requirements of this chapter when sold by the producer direct to the consumer.

History

Authority: AS 03.05.010 - 03.05.080

11 AAC 32.180 Terms pertaining to egg quality

The standards of quality for individual eggs adopted and designated as official for the state are identical to those of the United States Department of Agriculture presently in effect and as they may be amended from time to time.

These regulations are adopted by reference. The official U.S. Standards, Grades, and Weight Classes for Shell eggs, are published by the U.S. Department of Agriculture and are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20250 and from the State Division of Agriculture, Department of Natural Resources, P.O. Box 949, Palmer, Alaska 99645.

History

Authority: AS 03.05.010 - 03.05.080

11 AAC 32.190 Definitions

Unless the context indicates otherwise, in secs. 100 - 190 of this chapter

(1) "authorized inspector" shall include the director, his duly authorized representatives, or any Government employed egg grading inspector;

(2) "candling" means the practice of examining the interior of an egg by the use of transmitted light for determining inedible eggs, and also for determining the condition of the shell, air cell, white, and yolk in classifying eggs as to quality;

(3) "consumer" means any person who purchases eggs for his or her own family use or consumption;

(4) "container" means any egg-shipping case or carton or any other similar device used for the purpose of holding or transporting eggs, or carton, box, bag, or any other similar device used for the purpose of consumer packaging in which eggs are sold;

(5) "director" means the Director of Agriculture of the State of Alaska;

(6) "distributor" means any person, firm, or corporation offering for sale or distributing eggs in the state to a retailer, cafe, restaurant, or any other establishment offering for sale to the public or to an institutional user and shall include any person, firm, or corporation distributing eggs to his or its own retail outlets or stores but shall not include any person, firm, or corporation engaged only to haul or transport eggs;

(7) "eggs" means the eggs of a domesticated chicken hen, which eggs are in the shell;

(8) "general consumption," when applied to eggs, means shell eggs destined for sale to the general public either through stores, restaurants, mess halls, or in any other manner;

(9) "grade" applies to several or many eggs, such as a dozen, case, or load;

(10) "inedible eggs." Eggs of the following descriptions are classed as inedible: black rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood-ring stage), and any eggs that are adulterated as such term is defined pursuant to the Federal Food, Drug, and Cosmetic Act;

(11) "loss" means an egg that is inedible, smashed, or broken so that the contents are leaking, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material;

(12) "packer" means any person, firm, or corporation that is engaged in grading, shell treating, or packing shell eggs for sale to the public, direct or through distribution outlets of stores;

(13) "producer" means a person, firm, or corporation selling no eggs other than eggs produced by his or its own flock;

(14) "retailer" means any person, firm, or corporation selling or offering for sale eggs for general consumption in the state;

(15) "shipper" means any person, firm, or corporation shipping eggs into the state to a retailer, cafe, restaurant, or any other establishment offering for sale eggs to the public or for institutional use, and shall include any person, firm, or corporation distributing eggs to his or its own retail outlets or stores and shall not include any person, firm, or corporation engaged only to haul or transport eggs;

(16) "sold" or "sale" includes "offer for sale," "expose for sale," have in "possession for sale," "exchange," "barter" or "trade."

(17) "standard" refers to quality specification for a single egg. A group of these standards is combined in varying percentages of stated quality to make grades;

(18) "state" means the State of Alaska;

(19) "time of shipment" means immediately prior to the time eggs are accepted by the carrier transporting them into the state.

History

Authority: AS 03.05.010 - 03.05.080

Chapter 34 Plant Health and Quarantine

Article 1 Seed Regulations

11 AAC 34.010 Labeling

(a) Each lot or package of agricultural seed sold or offered for sale within the state must bear on it or have attached to it in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:

(1) the commonly accepted name of the kind and variety of the seed;

(2) the country or state where the seed was grown;

(3) the total percentage by weight of pure seed;

(4) the total percentage by weight of all weed seed;

(5) the total percentage by weight of inert matter;

(6) the total percentage by weight of other crop seed;

(7) the name and approximate number per pound of each kind of restricted noxious weed seed, as listed in 11 AAC 34.020;

(8) the percentage of germination of the agricultural seed, together with the month and year the seed was tested;

(9) the percentage of hard seed, if any is present;

(10) the name and address of the person labeling the seed or selling, offering, or exposing the seed for sale within the state; and

(11) the lot number or other lot identification.

(b) Each lot of mixed agricultural seed sold or offered for sale within the state must bear on it or have attached to it in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:

(1) that the seed is a mixture;

(2) the name and variety and total percentage by weight of each kind of agricultural seed present in order of predominance;

(3) the total percentage by weight of other crop seed less than five percent of the mixture; and

(4) the information listed in (a)(4), (a)(5), (a)(7), (a)(8), (a)(10), and (a)(11) of this section.

(c) Vegetable seed in a container of one-half pound or more sold or offered for sale within the state must bear on the container or have attached to the container in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:

(1) the name of the kind and the variety and total percentage by weight; and

(2) the information listed in (a)(4) - (a)(8), (a)(10), and (a)(11) of this section.

(d) Vegetable seed in a container of less than one-half pound sold or offered for sale within the state and which meets the germination standards and tolerances in 7 U.S.C. 1551 - 1611 (Federal Seed Act) must bear on the container or have attached to the container in a conspicuous place, a legibly written or printed label or tag, in English, providing the following information:

(1) the name of the kind and variety of the seed;

(2) the name and address of the person or firm labeling the seed, or selling, offering, or exposing the seed for sale within the state;

(3) the year the seed was packed; and

(4) the lot number or other identification.

(e) Vegetable seed in a container of less than one-half pound sold or offered for sale within the state and which does not meet the germination standards and tolerances in 7 U.S.C. 1551 - 1611 (Federal Seed Act) must be labeled, in English, to provide the information required by (d) of this section and the following:

(1) percentage of germination;

(2) percentage of hard seed, if applicable; and

(3) the phrase "substandard germination" in not less than eight-point type.

(f) Any agricultural or vegetable seed treated with toxic substances must be labeled to provide the information required by (a) - (e) of this section and the following:

(1) a word or statement, in type no less than eight points, that the seed has been treated;

(2) the commonly accepted coined or chemical name of the applied substances; and

(3) a caution statement and appropriate poison symbol if the applied substance presents a hazard to human or animal health.

(g) Seed packed in hermetically sealed containers must be labeled to provide the information required by (a) - (f) of this section and the following:

(1) that the container is hermetically sealed;

(2) that the seed has been preconditioned as to moisture content;

(3) that the germination test is valid for a period of not more than 24 months from the date of germination test for seed offered for sale on a wholesale basis, and for a period of not more than 36 months for seed offered for sale at retail; and

(4) that the germination of seeds at the time of packaging was equal to or above standards and tolerances prescribed in the 7 U.S.C. 1551 - 1611 (Federal Seed Act).

(h) Agricultural seeds, mixed agricultural seeds, or bulk vegetable seeds, are exempt from the provisions of this section when

(1) the seeds are grown in or sold within the state to be recleaned before being sold, exposed, or offered for sale for seeding purposes;

(2) the seeds are held for purposes of recleaning; or

(3) the seeds are held or sold for milling for food or for feeding purposes only.

(i) Tetrazolium viability test results are not considered valid germination tests for the purposes of labeling as required by this section.

(j) Hybrid seed, as defined in 7 C.F.R. 201.2(y), must be labeled in accordance with provisions of 7 C.F.R. 201.11(a).

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.020 Prohibited and restricted noxious weeds

(a) The following are prohibited noxious weeds:

(1) Bindweed, field (Convolvulus arvensis);

(2) Fieldcress, Austrian (Rorippa austriaca);

(3) Galensoga (Galensoga parviflora);

(4) Hempnettle (Galeopsis tetrahit);

(5) Horsenettle (Solanum carolinense);

(6) Knapweed, Russian (Centaurea repens);

(7) Lettuce, blue-flowering (Lactuca puichella);

(8) Orange Hawkweed (Hieracium aurantiacum);

(9) Purple Loosestrife (Lythrum salicaria);

(10) Quackgrass (Agropyron repens);

(11) Sowthistle, perennial (Sonchus arvensis);

(12) Spurge, leafy (Euphorbia esula);

(13) Thistle, Canada (Cirsium arvense);

(14) Whitetops and its varieties (Cardaria drabe, C. pubescens, Lepidium latifolium).

(b) The following are restricted noxious weeds, with their maximum allowable tolerances:

(1) Annual bluegrass (Poa annua), 90 seeds per pound;

(2) Blue burr (Lappula echinatat), 18 seeds per pound;

(3) Mustard (Brassica kaber, juncea), 36 seeds per pound;

(4) Oats wild (Avena fatua), seven seeds per pound;

(5) Plantain, buckhorn (Plantago sp.), 90 seeds per pound;

(6) Radish (Raphanus raphanistrum), 27 seeds per pound;

(7) Toadflax, yellow (Linaria vulgaris), one seed per pound;

(8) Vetch, tufted (Vicia cracca), two seeds per pound;

(9) Wild Buckwheat (Polygonum convovulus), two seeds per pound.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.030 Weed seed as agricultural seed

The following seeds, when occurring incidentally in agricultural and vegetable seeds, are classed as weed seeds, except when sold alone or as a specific constituent of a definite seed mixture:

Black Medic (Medicago lupulina);

Cardoon (Cynara cardunculus);

Dandelion (Taraxacum species);

Lupine (Lupinus species);

Pigweed (Amaranthus species);

Radish (Raphanus sativus);

Rape (Brassica campestris and napus);

Sunflower (Helianthus annuus);

Yarrow (Achillea millefolium); and

Tufted Vetch (Vicia cracca).

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.033 Certified seed potatoes

Repealed 10/28/87.

11 AAC 34.040 Sampling procedure for purity and germination tests

(a) A sample of seed chosen by an authorized agent of the division of agriculture for the purpose of determining whether or not the seed meets the requirements of this chapter is known as an "official sample," and must be drawn in a manner to represent as nearly as possible the entire lot from which it is taken.

(b) Official samples of seed shall be taken according to procedures which conform as nearly as practicable to those used by the United States Department of Agriculture pursuant to 7 C.F.R. 201.39 - 201.44.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.045 Duties and authority of the director

(a) The duty of enforcing this chapter and of carrying out its provisions and requirements is vested in the director. The duties and authority of the director include the following:

(1) to sample, inspect, make analyses of, and test any agricultural or vegetable seed held, transported, sold, offered, or exposed for sale within the state for planting purposes, at the time, place, and to the extent the director finds necessary to determine whether the seed is in compliance with this chapter;

(2) to sample, inspect, make analyses of any tree, shrub, or flower seed held, transported, sold, offered, or exposed for sale within the state for planting purposes, at the time, place, and the extent as the director may find necessary to determine whether the seed is in compliance with this chapter;

(3) to issue and enforce a written stop sale order or to issue a violation notice, whichever the director determines applicable, to the possessor or owner of any lot of agricultural, vegetable, tree, shrub, or flower seed which is found to be in violation of this chapter; and

(4) to prohibit the further sale, processing, or movement of seed, except on approval of the director, until evidence is obtained that shows that the requirements of this chapter have been complied with and a release from the stop sale order has been issued for the seed.

(b) When seed is denied further sale, processing, or movement under (a)(3) and (a)(4) of this section, the owner or processor of the seed has the right to appeal to a court of competent jurisdiction in the locality in which the seeds were found in violation, asking for a judgment as to the justification of the order and for the discharge of the seed from the order prohibiting the sale, processing, or movement, in accordance with the findings of the court.

(c) The provisions of (a)(3) and (a)(4) of this section do not limit the right of the director to proceed as authorized by other sections of this chapter.

(d) For the purpose of carrying out the provisions of this chapter, the director or his authorized agents, may

(1) enter upon any public or private premises during regular business hours in order to access seeds and associated records maintained under this chapter, and any truck or other conveyer by land, water, or air at any time when the conveyer is accessible, for the same purposes; and

(2) either alone or in the presence of a representative or employee of the person whose premises are entered, examine and inspect any agricultural, vegetable, tree, shrub, or flower seed in possession, offered, or exposed for sale for planting purposes in this state, for compliance with this chapter.

(e) A sample taken under this section, and the report showing the results of the official test made on a sample, is prima facie evidence of the true condition of the entire lot from which the sample was taken.

(f) A copy of the results of any seed test from a sample taken under this section may be mailed to any person or his authorized representative, known to own, possess, or hold the seed from which the sample was taken.

History

Authority: AS 03.05.010; AS 03.05.040; AS 44.37.030 AS 03.05.030; AS 03.05.050
Eff. 10/28/83, Register 88

11 AAC 34.050 Germination and purity tests

Germination and purity tests of seeds must be conducted according to procedures which conform as nearly as practicable to those used by the United States Department of Agriculture pursuant to 7 C.F.R. 201.59 - 201.66.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030
Eff. 3/2/78, Register 65

11 AAC 34.060 Laboratory fees and schedule

(a) Germination and purity tests are performed at the Alaska Seed Testing Laboratory.

(b) State residents may submit seed samples for routine testing free of charge if the samples are limited to three per year per person and are submitted before April 15 of the year.

(c) Samples submitted by residents in excess of three per year or after April 15, or submitted by nonresidents will be charged a service fee as determined by the director.

(d) Samples submitted by residents and nonresidents for germination tests requiring tetrazolium procedures will be charged a service fee to be determined by the director according to a fee schedule based upon the difficulty of the species being tested.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030
Eff. 3/2/78, Register 65

11 AAC 34.070 Code of Federal Regulations

Except where in conflict with specific provisions of this chapter, the rules, regulations and recommendations pertaining to sampling procedures and germination and purity testing procedures and standards contained in 7 C.F.R. 201.39 - 201.44 and 201.59 - 201.66 are adopted by reference and made part of this chapter. Copies of these provisions may be obtained from the U.S. Government Printing Office, Washington, D.C. 20250. Any reference in these provisions to U.S. Government officials and agencies shall be construed to refer to the corresponding officials and agencies of the State of Alaska.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030
Eff. 3/2/78, Register 65

11 AAC 34.075 Prohibited acts

(a) No person may sell, offer for sale, expose for sale, or transport for use in planting in the state any agricultural or vegetable seed that

(1) unless exempt under 11 AAC 34.010(h), has not been labeled as required by 11 AAC 34.010;

(2) bears a false or misleading label;

(3) contains any prohibited noxious weed seed, except as allowed in (g) of this section;

(4) contains any restricted noxious weed seed in excess of the permissible tolerance per pound established under 11 AAC 34.020(b), except as allowed in (g) of this section; or

(5) has not been tested within the 18 months preceding the sale, offering, or exposure for sale, or transportation, not including the calendar month in which the test was completed, except for hermetically sealed containers under 11 AAC 34.010(g)(3), and except that

(A) the director will, in his discretion, allow a shorter period for kinds of seed which he finds, under ordinary conditions of handling, will not maintain a germination within the established limits of tolerance during the prescribed time period, or a longer period for kinds of seed which are packaged in a container and under conditions the director determines will, during the longer period, maintain the viability of the seed under ordinary conditions of handling;

(B) a person in possession of seed shall keep on file, available for department inspection, the original or duplicate copy of the latest test made of the seed which must show, in addition to the information required by this chapter, the date and name of the person making the test.

(b) No person may substitute uncertified seed for certified seed.

(c) No person may use tags or seals indicating certification other than as prescribed by the authorized certification agency unless the tuber, horticultural, vegetable, tree, shrub, flower, or cereal grain seed has been produced, tested, examined, and labeled in accordance with this chapter or the official certification agency of another state, territory, or country. No person may

(1) sell, offer for sale, expose for sale, advertise, or transport any tuber, plant, or seed, falsely representing it to be certified; or

(2) use in connection with a tuber, plant, or seed any tags or seals similar to those used in official certification as established by this chapter.

(d) No person may hinder or obstruct in any way, any authorized person in the performance of his duties under this chapter.

(e) No person may sell, offer, or expose for sale, plant, transport or process any seed that is under a stop sale order issued under 11 AAC 34.045(a)(3) or that is in violation of this chapter, without express approval of the director.

(f) No person may plant in this state any agricultural, vegetable, tree, shrub, or flower seed containing any prohibited noxious weeds listed in 11 AAC 34.020(a) or any restricted noxious weeds in excess of the maximum allowable tolerances listed in 11 AAC 34.020(b), except as provided in 11 AAC 34.030, without express written approval of the director, or as provided in (g) of this section.

(g) No person may use, sell, offer, expose for sale, give away, or transport for feeding, seeding, or mulching purposes any seed or grain screenings containing any prohibited noxious weed seed listed in 11 AAC 34.020(a) or any restricted noxious weeds in excess of the maximum allowable tolerances listed in 11 AAC 34.020(b), except as provided in 11 AAC 34.030, and except that the director may allow sale or transport of screenings for

(1) complete destruction;

(2) removal outside of the boundaries of the state;

(3) recleaning to the point of being in compliance with 11 AAC 34.020(a) and (b); or

(4) processing to make the weed seed nonviable.

(h) No person may sell, offer, or expose for sale for seeding purposes, seed containing more than one and one-half percent by weight of all weed seed.

(i) No person may sell, offer, expose for sale or transportation, or transport a container or package of seed within this state unless the container or package of seed is labeled with a net contents statement, expressed by either weight, volume, or numerical count, except for seed being transported from an owner's field to a warehouse for storage, cleaning, or processing.

(j) No person may sell, offer for sale, or represent potatoes as seed potatoes unless the potatoes have been certified by the official seed certifying agency of the state or country of origin.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030
Eff. 10/28/83, Register 88; am 10/28/87, Register 104

11 AAC 34.077 Weed seeds in shipment

Whenever anything brought into a part of the state from another part of the state or from any other state or foreign country is found to be infested with the seed of any prohibited noxious weed, the director will notify the owner or bailee of the shipment to return it to the point of shipment within 48 hours, and the owner or bailee of the shipment shall return it. If the director determines that the seeds can be destroyed by treatment, the shipment may, at the option and expense of the owner or bailee, be treated under the supervision of the director, and may be released after treatment.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030
Eff. 10/28/83, Register 88

11 AAC 34.080 Penalties

Penalties for violation of this chapter are as provided in AS 03.05.090.

History

Authority: AS 03.05.010; AS 03.05.030; AS 03.05.090
Eff. 10/28/83, Register 88

11 AAC 34.085 When penalties not applicable

No person may be subjected to the penalties of AS 03.05.090 for selling, offering, exposing for sale, or transporting in this state any agricultural or vegetable seed that;

(1) is incorrectly labeled or represented as to kind and variety or origin, and which cannot be identified except by a field test, when that person

(A) obtains an invoice or grower's declaration stating the kind, or kind and variety, and origin, if required;

(B) takes the invoice or grower's declaration in good faith; and

(2) does not conform to the label on the container, but is within the tolerances authorized by the director under this chapter; or

(3) is in violation of this chapter, but is allowed sale or movement under specific written permission of the director.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030
Eff. 10/28/83, Register 88

11 AAC 34.090 Records

Each person whose name appears on the label as handling agricultural or vegetable seed subject to this chapter shall keep for two years a complete record of each lot of agricultural or vegetable seed handled, and shall keep for two years a file sample of each lot of seed after final disposition of the lot. All records and samples pertaining to the shipment or shipments involved must be accessible for inspections by the director or his designated agent during customary business hours.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030
Eff. 10/28/83, Register 88

Article 2 Pest Control

11 AAC 34.100 Expense of treatments

Any treatment which may be required under the provisions of this chapter shall be at the risk and at the expense of the owner or persons in charge or in possession thereof at the time of treatment unless otherwise provided.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.105 Quarantine officers

(a) The director is an enforcing officer of all laws, rules and regulations relative to the prevention of the introduction into, or the spread within the state of pests.

(b) The director and such inspectors as he may appoint, holding valid certificates of eligibility for the office to which they have been appointed, are hereby designated State Plant Quarantine officers for the purpose of certifying to the pest condition or pest treatment of shipments, when certification as a condition of movement is officially required, and for the purpose of enforcing of laws, rules and regulations, relative to plant quarantine.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.110 Pest certificate fees

The director may establish a schedule of fees for any or all classes of certificates to be paid by shippers requesting such certificates. Upon receipt of such scheduled fee, or in the event no schedule has been established, then upon request of the shipper it is the duty of the director to make such inspection as may be necessary to determine the facts required by the state or country of intended destination and to issue a certificate stating the facts determined; provided, that no fee shall be charged for certification required by any law, regulation, or requirement of the United States or of this state. The schedule of fees established for such certificates shall be based upon the approximate cost of the inspection made therefor.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.115 Appeals from director's decision

(a) In cases relative to the prevention of the introduction into, or the dissemination within the state of pests, any interested person aggrieved by any action or order of the director may appeal in writing to the office of the director within five days after notice of action or order where there is no time limit upon such action or order, and in cases where a time limit is fixed, within such time limit. In cases where the director is empowered to, and does take summary action, no appeal may be taken.

(b) Appeals will be heard by the director within 10 days after receipt thereof upon notice to all interested parties and his decision shall be final.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.120 Federal-state cooperation

Whenever quarantine regulations are established under this chapter, if there are any authorities or officers of the United States having authority to act in such matter, or any part thereof, the director shall notify such authorities or officers and seek their cooperation as far as possible. When any article is found to have been transported into this state from any other state, or district of the United States, in violation of the provisions of a quarantine established by the Secretary of Agriculture of the United States, such article shall be subject to seizure, destruction or other disposition to the same extent and in the same manner as if such article had originated in this state and was in violation of a provision of this chapter.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.125 Inspection stations

To prevent the introduction into, or the spread within this state, of pests, the director may maintain at such places within this state as he deems necessary quarantine inspection stations for the purpose of inspecting all conveyances which might carry plants or other things which are or are liable to be infested or infected with pests.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.130 Quarantine regulations; inspections

(a) The director may establish, maintain and enforce such quarantine regulations as he deems necessary to protect the agricultural industry of this state from pests, by establishing quarantine at the boundaries of this state or elsewhere within the state. He may make and enforce such rules and regulations as are necessary to prevent any plant or thing which is or is liable to be infested or infected by or which might act as a carrier of any pest, from passing over any quarantine line established and proclaimed pursuant to this chapter. The person conducting the inspection shall not permit any such plant or thing to pass over the quarantine line during quarantine, except upon a certificate of inspection and release signed by him.

(b) No person shall conceal from plant quarantine officers any plant or fail to present the same or any quarantined article for inspection at the request of such officer.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.135 Form of certain regulations

All quarantine regulations involving another state, district, or foreign country will be adopted by the commissioner and will be approved and proclaimed by the governor. A proclamation will be signed in duplicate. The original proclamation will be filed in the office of the lieutenant governor and a copy in the office of the director before it takes effect.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.140 New pests

Upon information received by the director of the existence of any pest not generally distributed within this state he shall thoroughly investigate the existence and probability of the spread thereof. He may also establish, maintain and enforce quarantine and such other regulations as are in his opinion necessary to circumscribe and exterminate or prevent the spread of such pest. The director may disinfect, or take such other action with reference to, any plants or things infested or infected with, or which in his opinion may have been exposed to infection or infestation by, any such pest, as in his discretion shall seem necessary.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.145 Permits for pest shipment

No pest, live insect or disease may be imported into or shipped or transported within the state except for the purpose of identification, unless such shipment or transportation is authorized under written permit and the regulations of the director or the United States Department of Agriculture. Any unauthorized shipment shall be returned to the point or origin, shipped out of the state, or destroyed within 48 hours at the expense of the owner or bailee.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.150 Notification of quarantined articles

Any person who transports, receives or imports into the state any things, or any plants against which quarantine has been established and who fails immediately after the arrival thereof to notify the director of their arrival, and to hold them for immediate inspection by the director, without unnecessarily moving them, or placing them where they may be harmful, is in violation of this section.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.155 Release from inspection

The director may designate certain plants arriving from certain areas not for planting, propagation or ornamental purposes within this State which may be released without inspection, if he finds upon investigation that such plants from such areas are not liable to cause the introduction of pests into the state.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.160 Right to inspect

The officer making the inspection may enter at any time into any conveyance or place within the state where the said plants or things are located, to ascertain whether they are or are liable to be infested or infected with any pest.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.165 Labeling and certificates

Each shipment of plants, brought into this state, shall have legibly marked thereon in a conspicuous manner and place the name and address of the shipper or owner, the name of the person to whom the same is forwarded or shipped, or his agents, the name of the country or state where the contents were grown, and a statement of the contents therein. Also each shipment of plants, grown in a country or state which maintains inspection of plants, shall be accompanied by a copy of a current inspection certificate from such country or state.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.170 Destruction or treatment of pests

When any shipment of plants brought into this state is found infested or infected or there is reasonable cause to presume that it may be so infested or infected with any pest, the shipment shall be immediately destroyed by, or under the such pest may be exterminated by treatment or processing prescribed by the director, and it is determined by the inspecting officer that the nature of the pest is such that no damage can be caused to agriculture in this state through such treatment or processing, or procedure incidental thereto. In such case, the shipment may be so treated or processed at the expense of the owner or bailee in the manner, and within the time specified by the inspecting officer, under his supervision, and if so treated or processed, upon determination by the enforcing officer that the pest has been exterminated, the shipment may be released.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.175 Weed seeds in shipment

Repealed 10/28/83.

11 AAC 34.180 Treatment of appliances

(a) To prevent the dissemination of pests through the agency of appliances, the director will, in his discretion, publish a list of pests that can be carried that way and designating the appropriate treatment for appliances.

(b) No person may ship or move any used appliances unless he furnishes to the director proof satisfactory to the director that the appliances have not been exposed to infestation or infection by any pests, or that the appliances have been treated immediately before shipment or movement in the manner designated by the director.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

11 AAC 34.185 Noxious weed seed prohibited

Repealed 10/28/83.

11 AAC 34.190 Certified seed potatoes

Repealed 10/28/83.

Article 3 Birds

11 AAC 34.200 Standards

(a) No person shall import into the state, sell or expose for sale, any shipment of birds or hatching eggs which does not bear a certifying tag stating that the article shipped is from flocks which have been tested by competent authority and declared disease-free.

(b) All shipments shall be made in new containers.

(c) All shipments of birds and eggs for hatching shall have attached to the container labels bearing the essential date declaring the stock and eggs to be from disease-free birds.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

Article 4 General Provisions

11 AAC 34.400 Definitions

The terms used in this chapter are construed to conform insofar as possible with the terms used in the Federal Seed Act (7 U.S.C. 1551 et seq.) and the regulations issued under that Act. Unless the context indicates otherwise, in this chapter

(1) "advertisement" means representation other than on labels, disseminated in any manner or by any means relating to seed within the scope of these regulations;

(2) "agricultural seeds" means the seeds of all domesticated grasses and cereals, and of all legumes and other plants grown as turf, cover crops, forage crops, fiber crops or field crops and mixtures of the seeds;

(3) "appliance" means box, tray, container, ladder, tent, vehicle, implement, or any other article which is or may be used in connection with the planting, growing, harvesting, handling, or transportation of an agricultural commodity;

(4) "bailee" means a person who, by warehouse receipt, bill of lading, or other document of title, acknowledges possession of goods and contracts to deliver them;

(5) "certified," as applied to bulblets, tuber, or horticultural plants or to agricultural, vegetable, tree, shrub, flower, or cereal grain seed, means inspected and labeled by and in accordance with the standards and rules and regulations of the official certification agency or in accordance with similar standards established by a similar authority in another state, country, or territory;

(6) "certified seed potatoes" means potatoes used for planting a crop, that have been officially certified as "foundation seed" or "certified seed" by an authorized inspector, in a manner approved by the director, or, in the case of seed imported into the state, meets the certification standards of the Association of Official Seed Certifying Agencies;

(7) "commercial production" means products not grown exclusively for use or consumption by the producer;

(8) "director" means the director of the division of agriculture, Department of Natural Resources, or the director's authorized agent;

(9) "flower seed" includes seed of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts which is commonly sold under the name of flower seed in the state;

(10) "labeling" means all labels and other written, printed, or graphic representations in any form whatsoever, whether attached to, or accompanying and pertaining to any seed, whether in bulk or in containers and includes invoices;

(11) "lot" means a definite quantity of seed identified by a lot number or other mark, every portion of which is uniform within the recognized tolerances for the factors which appear in the labeling;

(12) "mixed agricultural seeds" means any lot of seeds that contains five percent or more by weight of each of two or more kinds of agricultural seeds;

(13) "noxious weed" means any species of plants, either annual, biennial, or perennial, reproduced by seed, root, underground stem, or bulblet, which when established is or may become destructive and difficult to control by ordinary means of cultivation or other farm practices; or seed of such weeds that is considered commercially inseparable from agricultural or vegetable seed;

(14) "nursery stock" means any plant for planting, propagation or ornamental use;

(15) "other crop seed" means that part of a lot or sample of seed that consists of the seed of cereal grain and agricultural and vegetable seeds other than those named on the label;

(16) "packer" means the person or firm putting the seed into its final container in preparation for sale as seed;

(17) "person" means a individual, partnership, corporation, company, society, association, or cooperative;

(18) "pest" means a form of animal life, plant life, or infectious, transmissible, or contagious disease of plants, that is or is liable to be dangerous or detrimental to the agricultural industry of the state;

(19) "plant" means a whole or part of a plant, tree, shrub, vine, fruit, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit pip, and includes an article made from a plant;

(20) "pure seed," "germination," and other seed labeling and testing terms in common use are defined as the terms are defined in the Rules for Seed Testing (Volume 6, #2, 1981) published by the Association of Official Seed Analysts, Stone Printing Company, Lansing, Michigan, and in the Federal Seed Act (7 U.S.C. 1551 et seq.) and the regulations promulgated under it (7 C.F.R. 201 et seq.);

(21) "restricted noxious weed seed" means the seed of weeds which are very objectionable in fields, lawns, and gardens of this state, but which can be controlled by good cultural practices;

(22) "shipment" means an article or thing, which may be, is being, or has been transported from one place to another place;

(23) "tree and shrub seed" means seed of woody plants commonly known and sold as tree and shrub seeds in this state;

(24) "vegetable seeds" means the seeds of all crops which are being grown or which may be grown in gardens, privately or commercially, and which are generally known and sold under the name of vegetable seeds; and

(25) "weed seed" means a restricted noxious weed seed and any seed not included in the definition of agricultural seed when it occurs incidentally in agricultural or vegetable seeds.

History

Authority: AS 03.05.010; AS 03.05.030; AS 44.37.030

Chapter 35 Bees and Beneficial Insects

11 AAC 35.010 General requirements

All bees entering the state must be free from bee disease. All bees and beekeeping equipment in the state are subject to inspection by the director to prevent the introduction, establishment, and spread of bee disease. For the purposes of this chapter, "bee disease" includes American Foulbrood or European Foulbrood and acarine mites or any other parasitic pest that constitutes a serious threat to the bee industry.

History

Authority: AS 03.47.020; AS 03.47.030
Eff. 11/21/84, Register 92

11 AAC 35.020 Duties

(a) A person importing bees into the state shall, within 72 hours after the bees arrive, send the division a copy of the health certificate required by AS 03.47.020.

(b) The health certificate must be issued by an official inspector of the state or country from which the bees originated within 90 days before shipment of the bees.

(c) A person keeping bees shall notify the division of the existence and whereabouts of the bees within 72 hours after acquiring them, and annually after that, on forms available from the division.

(d) A person moving or transporting bees from one geographic area to another in the state shall notify the division at least 15 days before moving or transporting the bees. The boundaries of the geographic areas are available from the director and from local beekeepers associations.

(e) The provisions of this section do not apply to persons such as the United States Postal Service, commercial transportation companies, and other common carriers whose responsibility for the bees is limited to the transportation of the bees for a fee at the request of the purchaser, keeper, or owner of the bees.

(f) A person selling or offering bees for sale shall inform the purchaser of the requirements of this section.

History

Authority: AS 03.47.030
Eff. 11/21/84, Register 92

11 AAC 35.030 Inspections

(a) The division will, in the director's discretion, examine or inspect without a search warrant as many combless packages, apiaries, bees, hives, colonies, appliances, and equipment as determined reasonably necessary to prevent the introduction, establishment, or spread of bee disease, if the examination or inspection is reasonable or is not protected from searches and seizures without warrant within the meaning of art. I, sec. 14 of the Alaska State Constitution, which specifically enumerates "persons, houses and other property, papers and effects."

(b) The division will thoroughly clean any inspection equipment or appliances used to inspect bees or apiaries upon leaving one apiary or before entering another and take any other precautions necessary to prevent the spread of bee disease.

History

Authority: AS 03.47.030
Eff. 11/21/84, Register 92

11 AAC 35.040 Prohibited acts

No person may

(1) interfere with an inspector engaged in the performance of duties under this chapter;

(2) keep bees in hives with immovable frames or hives constructed to impede or hinder inspection;

(3) knowingly have, or keep, a colony of bees or equipment infected by bee disease without notifying the division;

(4) knowingly move, sell, barter, or transport any contaminated or diseased bees or beekeeping equipment from an apiary, except to a place approved for destruction, disinfecting, or sterilization.

History

Authority: AS 03.47.030
Eff. 11/21/84, Register 92

11 AAC 35.050 Abandoned apiaries

When the director determines an apiary is abandoned, the director will

(1) use every reasonable method to contact the owner or land owner;

(2) place a notice of impending action in a readily visible manner and location at the apiary; and

(3) take whatever action is determined necessary to protect the welfare of neighboring apiaries if, within 60 days after the date of notice of impending action, no response is received from the owner or keeper of the apiary.

History

Authority: AS 03.47.030
Eff. 11/21/84, Register 92

11 AAC 35.060 Definitions

As used in this chapter

(1) "apiary" means a hive or colony of bees at a specific location;

(2) "appliances" means any apparatus, tools, machines, or other devices used in handling and manipulating bees, honey, wax, and hives, and includes any containers of honey or wax which may be used in an apiary or in transporting bees and their products and apiary supplies;

(3) "beekeeping equipment" means equipment that is used to feed or manage bees, including, but not limited to, hive boxes, frames, pollen traps, queen excluders, inner covers, supers, tops, bottom boards, slatted racks, and bee combs, or other hive parts that come in contact with honey bees;

(4) "colony" means the bees that live together as one unit in a hive;

(5) "director" means the director of the division of agriculture or the director's authorized agent;

(6) "division" means the division of agriculture in the Department of Natural Resources;

(7) "hive" means any box, receptacle or container, natural or artificial, or part of a container, which is used as a domicile for bees;

(8) "person" means a natural person, firm, association, company, corporation, or cooperative.

History

Authority: AS 03.47.030
Eff. 11/21/84, Register 92

(3) management and disposal of fund assets;

(4) approval of loans, installment contracts, land purchase agreements, easements, leases, permits, and other contracts related to loans or assets of the fund; and

(5) referral of requests for legal action related to the fund to the attorney general.

(b) At the direction of the board, the director shall conduct the following activities relating to the fund:

(1) provide administrative support for the fund and the board;

(2) process loan applications and other loan requests;

(3) receive, disburse, and audit money in the fund;

(4) execute and service all agreements and contracts;

(5) receive, manage, and dispose of assets;

(6) provide independent financial and management analyses;

(7) provide information and services to the public.

History

Authority: AS 03.09.010; AS 03.09.040; AS 03.10.050 AS 03.09.020; AS 03.10.020
Eff. 12/1/84, Register 92; am 6/1/2001, Register 158; am 10/18/2001, Register 160

11 AAC 39.012 Loans made by the commissioner

Repealed.

History

Eff. 12/1/84, Register 92; repealed 6/1/2001, Register 158

11 AAC 39.020 Use of funds

Repealed 12/1/84.

11 AAC 39.021 Board officers

Repealed.

History

Eff. 12/1/84, Register 92; repealed 10/18/2001, Register 160

11 AAC 39.030 Application requirements for a loan

Repealed 12/1/84.

11 AAC 39.031 Meetings of the board

(a) The board will hold at least eight meetings a year. Additional meetings may be called by the chair or by any three concurring members. Meetings may be held by teleconference.

(b) A meeting of the board is open to the public, except that a meeting, or portion of a meeting, in which the board considers an application for an installment contract, loan, or a change in terms of a contract or loan, or considers a subject listed in AS 44.62.310(c), will be held in executive session. The public portion of any meeting will be recorded and a summary will be incorporated into the minutes of that meeting. Written minutes of the public portion of a meeting will be made available to the public.

(c) Public notice will be given by the board as provided in (d) and (e) of this section for all public meetings of the board.

(d) Notice of a public meeting of the board, other than an emergency public meeting as provided in (e) of this section, will be published in a newspaper of general circulation in the state at least seven days before the date of the meeting. The notice will provide the date, time, place of meeting, purpose of the meeting, and the location of any teleconferencing facilities that will be used. Notice of meetings will also be posted on the Alaska Online Public Notice System and at the board's principal office.

(e) Notice of an emergency public meeting will be published by the board as provided for under (d) of this section if the board determines that sufficient time is available. Otherwise, notice of an emergency public meeting will be posted by the board on the Alaska Online Public Notice System and at the board's principal office and will include the date, time, and place of the meeting; general topics to be discussed or considered; and location of any teleconferencing facilities that will be used.

(f) Except as provided in 11 AAC 39.032, a loan, permit, installment contract, modification of an existing agreement, or other action that requires board approval will not be granted without the approval of a majority of a quorum of the board at a meeting called under this section. After deliberation in a properly convened executive session under AS 44.62.310, the board will make its decision and record its action in a public meeting. The chair of the board will certify by signature all action taken by the board.

(g) The board will specify the terms and conditions that apply to a decision issued under this chapter and state the reasons that support the decision. Within five working days after the board issues a decision, the director shall provide a copy of the decision to the applicant and any other known party to the action, and include the procedures that are available for requests for reconsideration and appeal under 11 AAC 39.830.

(h) Unless approved by the board, the person who requested the action under this chapter may not attend an executive session of the board to deliberate the matter.

History

Authority: AS 03.09.010; AS 03.10.020 AS 03.09.040; AS 03.10.050
Eff. 12/1/84, Register 92; am 10/18/2001, Register 160; am 10/27/2002, Register 164

11 AAC 39.032 Emergency loans

(a) Unless the board previously disapproved the loan application, an applicant may request emergency approval under this chapter of a loan for not more than $50,000. A staff report shall be prepared on the loan application.

(b) An emergency loan committee shall review the emergency loan application and staff report. The board shall appoint persons to the emergency loan committee. The emergency loan committee must include the board chair, at least one other board member, and the director. If the emergency loan committee determines, by majority vote of members present, an emergency exists that requires loan consideration before a meeting of the entire board can be held, the emergency loan committee shall act on the application. The emergency loan committee may only approve, deny, or table an emergency loan application by majority vote of members present.

(d) Unless an application requirement is mandated by AS 03.10, the emergency loan committee may waive an application requirement under this chapter for good cause.

(e) The emergency loan committee shall provide to the board a written report on actions taken on emergency loan applications for presentation at the board's next public meeting. The applicant may request the board to review the decision of the committee.

History

Authority: AS 03.09.040; AS 03.10.020; AS 03.10.050
Eff. 10/27/2002, Register 164

11 AAC 39.040 Loan limitations, terms, rates, and eligibility

Repealed 12/1/84.

11 AAC 39.041 Board conflict of interests

Repealed.

History

Eff. 12/1/84, Register 92; repealed 10/18/2001, Register 160

11 AAC 39.050 The agricultural revolving loan fund board

Repealed 12/1/84.

11 AAC 39.051 Employee conflict of interests

Repealed.

History

Eff. 12/1/84, Register 92; repealed 10/18/2001, Register 160

11 AAC 39.060 Approval by board and commissioner

Repealed 12/1/84.

11 AAC 39.061 Public and confidential records

(a) All records relating to the fund are public information, except for those that are confidential under (b) of this section.

(b) "Confidential record" includes

(1) loan and installment contract applications and supporting documentation;

(2) credit reports from consumer reporting agencies and other credit information obtained from creditors;

(3) employment and deposit account verifications;

(4) loan and installment contract status information, including payment history of borrowers; correspondence concerning status of loans and contracts; payments received; delinquent notices; and payments less than 90 days in arrears; however, after 90 days have elapsed without payment, the name of a delinquent person ceases to be confidential;

(5) loan resumes;

(6) executive session loan board reports;

(7) financial and management analysis of loan and installment contract applications;

(8) appraisals submitted by an applicant;

(9) construction contracts and construction and material bids and quotes submitted by an applicant;

(10) purchaser and supplier contracts, invoices, bills, and receipts for loan disbursements submitted by an applicant;

(11) market surveys and analyses, and marketing strategy information until released to the public; and

(12) any information required to be kept confidential by state or federal statute or federal regulation.

(c) Requests to inspect and copy public records will be processed in accordance with AS 40.25.100 - 40.25.220 and 2 AAC 96.

(d) In addition to other penalties provided by law, an employee who discloses information made confidential under (b) of this section is subject to dismissal.

History

Authority: AS 03.09.040; AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 10/18/2001, Register 160

11 AAC 39.071 Interest rates on loans

(a) At least annually, the board will review and establish interest rates for new loans that are comparable to the rates charged by other agricultural lending institutions in the state for similar types of loans.

(b) The interest rate that will be charged on a new loan is the rate that is in effect on the date that the new loan is approved by the board or the emergency loan committee.

(c) The interest rate on a loan will not be adjusted if the loan is modified or assumed, except for the interest rate on an assumed restructured loan as provided under 11 AAC 39.610.

History

Authority: AS 03.09.040; AS 03.10.020; AS 03.10.030
Eff. 6/1/2001, Register 158; am 10/27/2002, Register 164

11 AAC 39.100 Definitions

Repealed 12/1/84.

Article 2 Loan Requirements

11 AAC 39.101 Applications for loans

(a) Each applicant for a new loan must submit an application on a form approved by the board and include with the application

(1) a nonrefundable fee of $50;

(2) federal and state income tax returns for the three years preceding the date of the application;

(3) financial statements, including assets and liabilities, that support the application;

(4) the amount of loan requested, a description detailing the proposed use of the proceeds of the loan, and the plan of repayment of the loan;

(5) a list of collateral intended to secure the loan, with the following for each listed:

(A) date of acquisition;

(B) cost;

(D) market value on the date of the application;

(E) amount of existing liens; and

(F) if a moving vehicle,

(i) the vehicle's make, model, and year; and

(ii) the vehicle's engine hours or odometer reading;

(6) an annual income and expense statement of the applicant for the year of the application;

(7) a five-year agricultural plan including projected borrowing needs;

(8) a statement of the applicant whether the applicant is or was in the past the subject of a bankruptcy action and, if so, the date of the bankruptcy action; and

(9) a resume of agricultural experience, business history, and education of the applicant and relevant managerial personnel.

(b) Each applicant for a modification of an existing loan must submit an application on a form approved by the board and include with the application

(1) a nonrefundable fee of $50;

(2) authorization for the division to receive credit reports; and

(3) proof of non-delinquency on any agricultural or other loan.

(c) Upon request of the division or the board, an applicant for a new or modified loan must obtain and provide any additional information and records reasonably necessary to support or clarify the application or the financial background of the applicant or guarantor, including

(1) tax returns;

(2) detailed financial and other statements;

(3) projected income and expense statements;

(4) property appraisals;

(5) title reports;

(6) surveys;

(7) marketing studies;

(8) financial statements prepared by a certified public accountant; and

(9) copies of orders and decisions in any bankruptcy actions.

(d) Unless an application requirement is waived under 11 AAC 39.032(d), a complete loan application will be presented to the board at a meeting under 11 AAC 39.031 if

(1) the application complies with AS 03.10 and this chapter; and

(2) except in the case of emergency, the application is received by the division at least 30 calendar days before the date of the meeting.

(e) A corporation applying for a loan shall submit a current certificate of good standing in the state and a corporate resolution authorizing the corporation to borrow from the fund. A partnership, joint venture, or other business entity applying for a loan must submit proof of the authority to borrow from the fund.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 1/1/86, Register 96; am 10/27/2002, Register 164; am 12/10/2021, Register 240

11 AAC 39.111 Nonqualifying loan purposes

Loans will not be made for the following purposes:

(1) boats;

(2) airplanes;

(3) automobiles and trucks, except specialized vehicles not readily convertible to personal or non-agricultural use;

(4) silviculture projects, except for horticultural purposes;

(5) boarding stables and arenas;

(6) riding academies and schools;

(7) establishments that only resell rather than produce, process, or add value to agricultural products;

(8) residential improvements.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/11/84, Register 92; am 10/27/2002, Register 164

11 AAC 39.131 Short-term loans

(a) The amount of a short-term loan may not exceed 75 percent of the value of collateral accepted to secure the loan, minus the value of any lien on the collateral.

(b) The amount of a short-term loan may not exceed 100 percent of the actual agricultural operating costs.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 6/1/2001, Register 158

11 AAC 39.141 Farm development loans

(a) The amount of a farm development loan may not exceed 75 percent of the value of collateral accepted to secure the loan, minus the value of any lien on the collateral.

(b) The amount of a farm development loan may not exceed 100 percent of the actual agricultural development costs.

(c) A farm development loan may only be used for an agricultural purpose, including to purchase real property and permanent non-residential improvements, to construct permanent nonresidential improvements, and to develop a site.

(d) If real property is used as collateral for a farm development loan used to purchase real property, an applicant must submit either a tax assessment of the real property prepared by a governmental body for the year in which the application is submitted, or an appraisal of the real property used as collateral for the loan. An appraisal required under this subsection may not be more than two years old as of the date of the application. The board will only accept an appraisal performed by an appraiser approved by the department.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 6/1/2001, Register 158; am 10/27/2002, Register 164

11 AAC 39.151 Irrigation loans

(a) The amount of an irrigation loan may not exceed 75 percent of the value of the collateral accepted to secure the loan, minus the value of any lien on the collateral.

(b) The amount of an irrigation loan may not exceed 100 percent of the actual agricultural irrigation costs.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/11/84, Register 92; am 6/1/2001, Register 158

11 AAC 39.161 Chattel loans

(a) The amount of a chattel loan may not exceed 75 percent of the value of the collateral accepted to secure the loan, minus the value of any lien on the collateral.

(b) The amount of a chattel loan may not exceed 100 percent of the actual agricultural chattel costs.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 6/1/2001, Register 158

11 AAC 39.171 Product processing loans

(a) The amount of a product processing loan may not exceed 75 percent of the value of collateral accepted to secure the loan, minus the value of any lien on the collateral.

(b) The amount of the loan may not exceed 100 percent of the actual agricultural product processing costs.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 6/1/2001, Register 158

11 AAC 39.181 Land clearing loans

(a) The amount of a land clearing loan may not exceed 75 percent of the value of collateral accepted to secure the loan, minus the value of any lien on the collateral.

(b) The amount of the loan may not exceed 100 percent of the actual agricultural land clearing costs.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 6/1/2001, Register 158

11 AAC 39.191 Overall maximum loan limit

Repealed.

History

Eff. 12/1/84, Register 92; repealed 4/3/2025, Register 254

11 AAC 39.201 Application of loan limits

Repealed.

History

Eff. 12/1/84, Register 92; am 10/27/2002, Register 164; repealed 4/3/2025, Register 254

11 AAC 39.211 Loans to delinquent borrowers

Repealed.

History

Eff. 12/1/84, Register 92; repealed 10/27/2002, Register 164

11 AAC 39.221 Additional conditions for new farm development projects

Repealed.

History

Eff. 12/1/84, Register 92; repealed 6/1/2001, Register 158

11 AAC 39.231 Other conditions of loans

(a) The board may require a borrower to provide life insurance up to the maximum amount due under all fund agreements that are payable to the fund.

(b) The board will require a borrower to provide property insurance on all buildings used as collateral and all other collateral stored in buildings, unless otherwise waived by the board for reasonable cause. The property insurance must be for the amount of the replacement of the collateral, and the fund must be named the loss payee.

(c) In addition to the requirements of (a) and (b) of this section, the board may require other types of insurance needed to protect and secure a loan.

(d) The borrower shall provide title insurance insuring the fund in the amount of the loan secured by real property.

(e) The board may require a personal guarantee to the fund to adequately secure the loan.

(f) The borrower shall pay all costs for processing and closing a loan under AS 03.10 or this chapter.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 10/27/2002, Register 164

11 AAC 39.241 Terms of loans

Terms of all loans will be fixed in relation to the needs of the applicant, collateral and guarantees offered, financial information, and repayment ability. A loan term may not exceed the limits stated in AS 03.10.030.

History

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.050
Eff. 12/1/84, Register 92; am 10/27/2002, Register 164

11 AAC 39.251 Residency

Repealed.

History

Eff. 12/1/84, Register 92; repealed 10/27/2002, Register 164

11 AAC 39.255 Agricultural Revolving Loan Fund

11 AAC 39.255. Moratorium on loans, Delta Area, 1990 cropping season.

11 AAC 39.261 Agricultural Revolving Loan Fund

11 AAC 39.261 - 11 AAC 39.291. Reserved.

Article 3 Loan Approval Procedure

11 AAC 39.301 Agricultural Revolving Loan Fund

11 AAC 39.301. Board approval of loans. Repealed.

History

Eff. 12/1/84, Register 92; am 6/1/2001, Register 158; repealed 10/27/2002, Register 164

11 AAC 39.311 Agricultural Revolving Loan Fund

11 AAC 39.311. Other loan actions by board. Repealed.

History

Eff. 12/1/84, Register 92; am 6/1/2001, Register 158; repealed 10/27/2002, Register 164

11 AAC 39.320 Agricultural Revolving Loan Fund

11 AAC 39.320. Emergency loans. Repealed.

History

Eff. 6/1/2001, Register 158; repealed 10/27/2002, Register 164

11 AAC 39.321 Agricultural Revolving Loan Fund

11 AAC 39.321. Commissioner approval of loans. Repealed.

History

Eff. 12/1/84, Register 92; repealed 10/27/2002, Register 164

11 AAC 39.331 Agricultural Revolving Loan Fund

11 AAC 39.331. Joint approval. Repealed.

History

Eff. 12/1/84, Register 92; repealed 6/1/2001, Register 158

11 AAC 39.341 Agricultural Revolving Loan Fund

11 AAC 39.341. Reconsideration of loan or change in loan terms. Repealed.

History

Eff. 12/1/84, Register 92; repealed 10/27/2002, Register 164

11 AAC 39.351 Agricultural Revolving Loan Fund

11 AAC 39.351 - 11 AAC 39.391. Reserved.

Authority: AS 03.09.040; AS 03.10.020; AS 03.10.050
Eff. 11/5/92, Register 124; am 6/1/2001, Register 158; am 10/27/2002, Register 164; am 8/26/2021, Register 239

Authority: AS 03.09.040; AS 03.10.030 AS 03.10.020; AS 03.10.033
Eff. 10/23/88, Register 108; am 6/1/2001, Register 158

Eff. 11/27/88, Register 108; am 6/10/98, Register 146; am 6/1/2001, Register 158; repealed 10/27/2002, Register 164

Authority: AS 03.09.040; AS 03.10.020; AS 03.10.050
Eff. 10/27/2002, Register 164

Authority: AS 03.09.040; AS 03.10.020; AS 03.10.050
Eff. 10/27/2002, Register 164

Chapter 40 Industrial Hemp

Article 1 Purpose; Registration; Application; Procedures for Approval; Denials; Modification; Fees

11 AAC 40.010 Purpose

(a) Industrial hemp, including a product derived from industrial hemp, is an agricultural crop subject to regulation by the division.

(b) The purposes of this chapter are to

(1) promote the research of and study methods for the growth, cultivation, and marketing of industrial hemp; and

(2) regulate the production of industrial hemp and industrial hemp products consistent with public health and safety.

History

Authority: AS 03.05.010; AS 03.05.050; AS 03.05.077 AS 03.05.030; AS 03.05.076; AS 03.05.100
Eff. 4/4/2020, Register 234

11 AAC 40.020 Registration required

(a) A person may not produce industrial hemp in the state unless the person has obtained an industrial hemp registration from the division to participate in the Alaska Industrial Hemp Program. The division will issue the following classes of industrial hemp registrations for participation in the program under this chapter:

(1) an industrial hemp grower registration;

(2) an industrial hemp processor registration; and

(3) an industrial hemp retailer registration.

(b) A person may hold a single registration or any combination of classes of registrations.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.078
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.030 Registration restrictions

A registration may be held by an individual at least 18 years of age or a business entity that is in good standing within the state and other jurisdictions, as applicable.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.090 AS 03.05.030; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.040 Registration term, renewals, and submission dates

(a) Except as set out in 11 AAC 40.060, an industrial hemp registration is valid for 12 consecutive months from the date it is issued.

(b) An industrial hemp registration may be renewed for unlimited, additional one-year terms.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.050 Application for new registration

(a) An applicant for registration in the Alaska Industrial Hemp Program must file an application on a form that the division prescribes.

(b) An application for a new industrial hemp registration must include

(1) the full legal name of the applicant; if the applicant is a business entity, the application must contain

(A) the name of the business entity, including its designation as corporation, partnership, association, limited liability company, or other permissible business formation;

(B) the names of its officers, members, and partners, as applicable;

(C) proof that the business entity is authorized by and in good standing with the state, and other jurisdictions, as applicable; and

(D) documentation validating the authority of the signatory to bind the entity;

(2) the business name the applicant will use for its industrial hemp operations, along with any applicable business licenses issued under AS 43.70;

(3) the physical address of the applicant;

(4) the mailing address and an electronic mailing address of the applicant; and

(5) the address, GPS coordinates, and a map of the area to be used to produce, process, or offer, with or without compensation, to a consumer industrial hemp.

(1) the applicant, if the applicant is an individual; or

(2) an authorized representative of a business entity, if the applicant is a business entity.

(d) Each signatory to an application for an industrial hemp registration must declare under penalty of unsworn falsification that

(1) the application is true, correct, and complete;

(2) the signatory has authority to bind the applicant;

(3) the applicant has read and is familiar with AS 03.05.010, 03.05.076 - 03.05.100, and this chapter; and

(4) the applicant has not been convicted of a felony described in AS 03.05.076(a)(3)(A) or (B); for purposes of this paragraph,

(A) a conviction is any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged;

(B) a conviction is expunged when the conviction is removed from the individual's criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions; and

(C) where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction for purposes of this paragraph.

(e) The completed application and fees may be filed electronically, mailed, or hand-delivered to the division.

(f) All fees, including non-refundable application fees, registration fees, and, if applicable, industrial hemp product endorsement fees set out in 11 AAC 40.100 must be paid before the division will approve an application for a registration or an endorsement.

(g) If an applicant applies for more than one class of registration, a separate application and all required fees must be submitted for each class of registration.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.060 Application for renewal of registration

(a) An application for renewal of an industrial hemp registration must be filed on a form that the division prescribes, with the information and documents described in this section. A renewal application for a registration must be postmarked or received by the division not later than 15 calendar days before the end of the applicant's registration term.

(b) An industrial hemp renewal application must

(1) identify the class of registration to be renewed;

(2) provide detail of any change of information set out in 11 AAC 40.050(b) on the original application; and

(3) report for each registration held by the applicant any notice of violation that has been issued under this chapter.

(c) Unless the division makes an earlier decision on a timely filed renewal application, a current registration remains valid for 90 calendar days after the end of the applicant's registration term.

(d) Each signatory to a renewal application for an industrial hemp registration must declare under penalty of unsworn falsification that

(1) the renewal application is true, correct, and complete;

(2) the signatory has authority to bind the applicant; and

(3) the applicant has read and is familiar with AS 03.05.010, 03.05.076 - 03.05.100, and this chapter.

(e) Before the division approves a renewal, all fees, including non-refundable application fees, registration fees, and, if applicable, industrial hemp product endorsement fees set out in 11 AAC 40.100 must be paid.

(f) If an applicant applies for renewal of more than one class of registration, a separate application must be submitted and all required fees for each class must be paid before the division will approve the application.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.070 Procedure for action on applications and endorsements

(a) The division will make a determination as to the completeness of the original or renewal application and will notify each applicant in writing that the application is complete, or of any additional information or submittals necessary to complete the application.

(b) Not later than 30 calendar days after receipt of the request, an applicant must submit any additional information requested by the division.

(c) Upon a determination of the receipt of all requested additional information, the division will notify each applicant in writing that the application is complete.

(d) The division will grant or deny an application for registration or endorsement subject to 11 AAC 40.400 - 11 AAC 40.420 not later than 60 calendar days after sending an applicant written notice that the application is complete.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.080 Denial of registration application and renewal application

(a) The division will deny an application for a new registration if the division finds that the signatory is not authorized to sign the application or is ineligible to participate in the program under 11 AAC 40.030.

(b) The division may deny an application for a renewal registration if the division finds that

(1) an applicant is not responsive to a request for additional information;

(2) the renewal application is postmarked or received by the division less than 15 calendar days before the end of the applicant's registration term as required under 11 AAC 40.060(a);

(3) a registration has been suspended or revoked under 11 AAC 40.830; or

(4) any action taken under 11 AAC 40.800 prohibits renewal of the registration.

(c) If the division denies an application, the division will furnish a written statement to the applicant, explaining the reasons for the denial.

(d) The aggrieved applicant may appeal the denial in compliance with 11 AAC 40.830.

History

Authority: AS 03.05.010; AS 03.05.079 AS 03.05.076; AS 03.05.090
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.090 Modification of registration

(a) To request a modification to a registration, a registrant must submit a modification request on a form prescribed by the division and pay the required fee set out at 11 AAC 40.100.

(b) In the event of a registrant's death, incapacity, or dissolution, the registration may be modified to transfer the registration to an authorized transferee. The applicant for a modification must provide information required under 11 AAC 40.050(b)(1) - (4) and make the declarations required under 11 AAC 40.050(d). Modification requests under this subsection shall be filed with the division not later than 60 calendar days after the death, incapacity, or dissolution of the original registrant.

(c) If the request is to change the site of operations, the registrant must file a modification request that provides the information for the replacement sites specified in 11 AAC 40.050(b)(5). Site modifications for new locations must comply with all land use restrictions established in 11 AAC 40.240.

(d) Any registrant may submit multiple registration modification requests, but separate fees are required for each requested modification.

(e) Each registrant shall comply with the all terms of the original registration, until the division approves the modification request in writing.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.100 Fee schedule

The division will charge fees as follows:

(1) non-refundable application fee for each annual registration: $50;

(2) non-refundable application fee for each annual renewal registration: $50;

(3) annual registration fee for a grower: $100;

(4) annual registration fee for a processor that creates a product not intended for human or animal consumption: $50;

(5) annual registration fee for a processor that creates a product intended for human or animal consumption: $250;

(6) annual registration fee for a retailer: $50;

(7) annual endorsement fee for each industrial hemp product subject to 11 AAC 40.400 - 11 AAC 40.420: $25;

(8) transportation permit issued under 11 AAC 40.710: $25;

(9) modification of product endorsement: $25;

(10) modification of registration: $25;

(11) sampling fee under 11 AAC 40.275(e) and 11 AAC 40.290(b) for the division or the division's representative to collect samples from harvest of industrial hemp: $100;

(12) testing of seeds of wild, landrace, or unknown origin under 11 AAC 40.220: $1,200.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

Article 2 Grower Registration

11 AAC 40.200 Grower registration required

A person may not grow industrial hemp unless the person has obtained a grower registration from the division in compliance with this chapter or is operating under a registration subject to 11 AAC 40.200 - 11 AAC 40.295.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.205 Grower registration, privileges, and prohibited acts

(a) A registered grower is authorized to do the following, in compliance with this chapter:

(1) grow industrial hemp;

(2) store industrial hemp, hemp seed, and propagules;

(3) receive compensation for raw industrial hemp from a registered processor or other registered grower, if the hemp has been sampled and tested by the division to prove that the raw hemp contains less than 0.3 percent delta-9-THC;

(4) receive compensation for raw industrial hemp from persons who are not required to be registered by this chapter, including consumers in the state, if the hemp will not be further processed and the lot of industrial hemp from which it is sourced has been sampled and tested by the division to prove that the raw hemp contains less than 0.3 percent delta-9-THC;

(5) provide samples of industrial hemp to the division or testing facility authorized by the division;

(6) conduct in-house testing;

(7) store industrial hemp at the locations identified in the application for registration; and

(8) transport industrial hemp in compliance with 11 AAC 40. 710.

(b) A registered grower may not

(1) purposefully grow any cannabis that is not industrial hemp unless the grower also holds a marijuana cultivation facility license issued under 3 AAC 306;

(2) grow industrial hemp in a structure used primarily for a residential purpose;

(3) store or handle leaf or floral materials from industrial hemp in any structure that is primarily used for residential purpose;

(4) process industrial hemp without a processor registration;

(5) receive compensation for processed industrial hemp or industrial hemp products without an industrial hemp retailer registration.

History

Authority: AS 03.05.010; AS 03.05.077; AS 03.05.090 AS 03.05.076; AS 03.05.079
Eff. 4/4/2020, Register 234

11 AAC 40.210 Authorized seed and propagules

(a) The division will publish and update on an annual basis a list of accepted and prohibited varieties of industrial hemp seed or propagules.

(b) In addition to seeds and propagules received as an approved variety, a registered grower may

(1) grow approved varieties of industrial hemp seeds or propagules received from registered growers in the Alaska Industrial Hemp Program, without written approval from the division;

(2) grow varieties of industrial hemp seeds or propagules received from out-of-state sources, after the division approves the use in writing; in order to approve the out-of-state sources, the division will use the same analyses and testing used for inclusion on the qualified list;

(3) acquire, but may not grow wild, landrace, or seeds of unknown origin until the division has grown and sampled the seeds in accordance with 11 AAC 40.220 and the division concludes the seed is not a prohibited variety.

(c) A registered grower may not acquire or grow industrial hemp seeds or propagules that are on the division's prohibited varieties list.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.215 Compliance with plant health and quarantine regulations

(a) Industrial hemp seed varieties from approved sources under this section that are offered for sale or acquisition in quantities of one pound or more must comply with the provisions of 11 AAC 34.

(b) Industrial hemp seed varieties from approved sources under this section that are offered for sale or acquisition in quantities less than one pound are exempt from the provisions of 11 AAC 34 but are sold or acquired at the purchaser's risk.

History

Authority: AS 03.05.010; AS 03.05.040; AS 03.05.077 AS 03.05.027; AS 03.05.050 AS 03.05.030; AS 03.05.076
Eff. 4/4/2020, Register 234

11 AAC 40.220 Seeds or propagules of wild, landrace, or unknown origin

(a) A registrant may not grow or replicate industrial hemp seeds or propagules of wild, landrace, or unknown origin without first obtaining written permission from the division and complying with this section.

(b) Before a registrant receives written permission from the division, industrial hemp seeds or propagules subject to this section must first be grown and tested by the division after the registrant pays the fee established under 11 AAC 40.100(12). A registrant must coordinate with the division for the division's receipt of the seeds or propagules and arrange for replication and testing of mature plants grown from those seeds or propagules.

(c) Following replication and testing of mature plants from industrial hemp seeds or propagules subject to this section, the division will notify the registrant whether the matured plants have passed required testing described in 11 AAC 40.600 - 11 AAC 40.665 and will approve or deny in writing the registrant's further use of the seeds or propagules, based on the result of testing.

History

Authority: AS 03.05.010; AS 03.05.040; AS 03.05.077 AS 03.05.027; AS 03.05.050 AS 03.05.030; AS 03.05.076
Eff. 4/4/2020, Register 234

11 AAC 40.225 Industrial hemp propagules

(a) A registered grower importing industrial hemp propagules from outside the state and in compliance with 11 AAC 40.210 must ship the propagules to the division for inspection at the registered grower's expense.

(b) The division will test the imported industrial hemp propagules for compliance with 11 AAC 34. Any propagule received by the division that fails to comply with all applicable regulations will be destroyed by the division with written notice to the registrant.

(c) The division will arrange for pickup of or ship the industrial hemp propagules that passed division inspection to the registered grower at the registrant's expense.

History

Authority: AS 03.05.010; AS 03.10.040; AS 03.10.077 AS 03.05.027; AS 03.10.050 AS 03.05.030; AS 03.10.076
Eff. 4/4/2020, Register 234

11 AAC 40.230 Documentation of seed and propagule source and distribution

(a) A registered grower must document all sources of industrial hemp seeds and propagules and the registrant's distribution of those seeds and propagules.

(b) The documentation must contain

(1) the name of the person from whom the seeds or propagules were acquired;

(2) proof that the person identified in (1) of this subsection is either

(A) a registered grower with the Alaska Industrial Hemp Program;

(B) a source registered or licensed with a different United States Department of Agriculture approved industrial hemp program authorized under 7 U.S.C. 1639p (sec. 10113 of the Agricultural Improvement Act of 2018); or

(3) the date of acquisition;

(4) if applicable, identification of any trademark, patent, or other proof of intellectual property for the seeds or propagules; and

(5) identification of all registered growers or other persons to whom the registrant distributed the seeds or propagules.

(b) A registered grower shall keep and maintain records required by this section for a period of three years from the date of acquisition or distribution of the seed or propagule.

History

Authority: AS 03.05.010; AS 03.05.030; AS 03.05.050 AS 03.05.027; AS 03.05.040; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.235 Grow areas

A registered grower may not grow industrial hemp outside the authorized grow area identified by GPS coordinates and identified on the approved application. The registrant must destroy any industrial hemp that grows outside the authorized grow area.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.240 Land use restrictions

(a) The isolation distance between two or more varieties of the plant Cannabis for the purpose of keeping all seed pure is 3,230 feet (1,000 meters).

(b) In addition to an isolation distance, planted hemp shall also be separated from other planted forms of cannabis by a barrier that plainly distinguishes hemp from another form of cannabis.

(c) Hemp may not be grown in a grow area smaller than one-quarter acre and no fewer than 200 plants may be planted in a grow area, unless approved in writing by the division.

(d) Hemp may not be grown on property owned by or leased from a person who is ineligible to participate in the Alaska Industrial Hemp Program under 11 AAC 40.030 or whose registration is suspended or revoked.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.245 Signage

If a grow area is one acre or less, the registered grower shall post readable signage no smaller than a total area of 144 square inches at the grow area and visible to the public that includes the following information:

(1) the title, "Alaska Industrial Hemp Program";

(2) the registration holder's registration number; and

(3) contact information for the Alaska Industrial Hemp Program in the Division of Agriculture.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.250 Planting reports

(a) Not later than 30 calendar days after seeding, direct sowing, or replanting of hemp seeds and propagules, a registered grower must submit to the division, by mail or electronic mail, a planting report on a form prescribed by the division.

(b) If the planting is outdoors, the planting report must contain

(1) the name of the variety, strain, or cultivar of seed or propagule planted;

(2) the field location by cross streets and GPS coordinates;

(3) a statement of intended use of crop harvested for each planting;

(4) the date of planting;

(5) the total amount of seed or propagules planted; and

(6) the total number of acres or square feet planted.

(1) the name of the variety, strain, or cultivar of seed or propagule planted;

(2) the indoor production location by street address and GPS coordinates;

(3) a statement of intended use of crop harvested for each planting;

(4) the date of planting; and

(5) the total amount of seed or propagules planted.

(d) Repealed 11/3/2023.

(e) The registrant shall maintain a planting report for a period of three years from each date of planting.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.255 Pesticides

(a) Only a pesticide applicator certified under AS 46.03.320 and 18 AAC 90 may apply pesticides to industrial hemp.

(b) Before planting any hemp, a registered grower shall comply with the longest pre-planting interval listed on the pesticide product label.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/84, Register 234

11 AAC 40.260 Testing

A registered grower may not harvest industrial hemp until the division or an authorized representative of the division has

(1) collected and tested one or more samples from the harvest in compliance with 11 AAC 40.285 or 11 AAC 40.290(b), and also in compliance with 11 AAC 40.600 - 11 AAC 40.665, and provided a written statement that the crop is eligible to be moved to market; or

(2) provided written permission to harvest the lot before sampling or testing; the harvest lot must be stored on the registered premises of the grower and may not be transferred to another person until the division completes post-harvest sampling and testing and provides a written statement that the crop is eligible to be moved to market.

History

Authority: AS 03.05.010; AS 03.05.077; AS 03.05.090 AS 03.05.076; AS 03.05.079
Eff. 4/4/2020, Register 234

11 AAC 40.265 Initial pre-harvest report

A registered grower shall inform the division by mail or electronic mail of a projected harvest date for an industrial hemp crop not later than 30 calendar days before the projected harvest.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.270 Division response

The division will collect and test samples from the harvest lot before the projected harvest date or will inform the registered grower in writing that the division is unable to collect the samples for testing before the projected harvest date.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.275 Pre-harvest testing

(a) The division will schedule with the registered grower a time for the division or an authorized representative of the division to conduct pre-harvest sample collections.

(b) The registrant or the registrant's agent shall be present at the grow site during sample collection by the division or may waive in writing the right to be present. The registrant shall provide to the division complete access to all industrial hemp, whether growing or stored, and all structures and locations listed on the registrant's application.

(c) Based upon the availability of division personnel the division or representatives of the division will sample grow areas identified in a registrant's pre-harvest report and may sample other portions of the grow areas randomly.

(d) The division or representatives of the division collecting or transporting the samples from a harvest lot or random sampling area have the legal right to possess and retain the sample and to transport it to a laboratory for analysis.

(e) The registrant shall be responsible for the cost of sampling, as set out in 11 AAC 40.100(11). Any sample taken by the division for testing is property of the division.

History

Authority: AS 03.05.010; AS 03.05.040; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.280 Post-harvest testing

(a) If the registered grower is informed in writing that the registrant may harvest industrial hemp from a harvest lot before division sampling and testing, the registrant may proceed with the harvest.

(b) The division will schedule with the registrant a time for the division or an authorized representative of the division to conduct post-harvest sample collections.

(c) The registrant or the registrant's agent shall be present during sample collection by the division or may waive in writing the right to be present. The registrant shall provide to the division complete access to all industrial hemp, whether growing or stored, and all structures and locations listed on the registrant's application.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.285 Sampling and harvesting of industrial hemp within delta-9-THC limitations

(a) If pre-harvest testing confiirms delta-9-THC levels in the harvest lot of not more than 0.3 percent, the registered grower may harvest each tested lot from which the sample was derived and further store or transport the industrial hemp for compensation or processing in compliance with 11 AAC 40.710. A harvest is subject to the following requirements:

(1) a registered grower shall harvest a tested lot not later than 15 calendar days after the division's sample collection date;

(2) if conditions do not allow the registrant to harvest not later than 15 calendar days after the sample collection, the division may order additional testing of the lot or provide written authorization to harvest the crop by a specific date, with or without further testing being required.

(b) If post-harvest sampling and testing confirms delta-9-THC levels in the harvest lot of not more than 0.3 percent, the registrant is authorized to receive compensation for the raw industrial hemp from the harvest lot in compliance with 11 AAC 40.205.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.079
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.290 Sample results in excess of delta-9-THC limitations

(a) If a pre- or post-harvest sample tests greater than 0.3 percent delta-9-THC, the tested lot must be destroyed, unless reconditioning is permitted under (b) of this section.

(b) If a sample tests greater than 0.3 percent delta-9-THC but not greater than 1.0 percent delta-9-THC, the division will issue a notice of violation. The registered grower may elect to recondition the failing lot with another lot within testing levels in an attempt reduce the delta-9-THC of the reconditioned lots to not more than 0.3 percent. The registrant is responsible for sampling costs, set out in 11 AAC 40.100(11), and testing costs of the reconditioned lots. If the reconditioned lots still exceed the 0.3 delta-9-THC or if the registrant chooses not to recondition the lot, the registrant shall destroy the hemp in compliance with 11 AAC 40.665.

(c) If a pre- or post-harvest sample tests in excess of 1.0 percent delta-9-THC levels, the division will issue a notice of violation, order the destruction of the harvest lot in compliance with 11 AAC 40.665, and notify the Department of Public Safety and the Marijuana Control Board of the notice of violation.

History

Authority: AS 03.05.010; AS 03.05.077; AS 03.05.090 AS 03.05.076; AS 03.05.079
Eff. 4/4/2020, Register 234

11 AAC 40.295 Post-harvest reports

(a) A registered grower must submit to the division, by mail or electronic mail, a post-harvest report on a form prescribed by the division, not later than 90 calendar days after receiving sampling results from the division.

(b) The report must include the following information:

(1) identification of the lot and grow area harvested by cross streets and GPS coordinates, as applicable;

(2) the quantity of the industrial hemp harvested or destroyed;

(3) the testing results for the sample of the harvest lot;

(4) the disposition of the harvest lot, including if the lot is being stored on site; and

(5) documentation of all persons who provided compensation for the harvested lot, of all persons who were offered the harvested lot free of charge, or of each registered processor to whom the harvested lot was provided.

(c) For lots stored on site, the disposition information described in (b)(4) and (5) of this section must be submitted not later than 60 calendar days after disposition.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

Article 3 Processor Registration

11 AAC 40.300 Processor registration required

A person may not process industrial hemp from its raw form into any other form, unless the person has obtained a processor registration from the division in compliance with this chapter or is operating under a registration subject to 11 AAC 40.300 - 11 AAC 40.335.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.305 Processor registration; privileges and prohibited acts

(a) A registered processor is authorized to do the following, in compliance with this chapter:

(1) purchase and store raw industrial hemp for processing at the locations identified in the processor registration;

(2) process industrial hemp;

(3) receive compensation for raw industrial hemp as permitted for registered growers under 11 AAC 40.205(a)(4);

(4) provide samples of processed industrial hemp or industrial hemp products to the division for sampling and testing;

(5) conduct in-house testing for the processor's own use;

(6) store processed hemp or hemp products at the locations identified in the processor registration;

(7) transport industrial hemp or industrial hemp products in compliance with 11 AAC 40.710; and

(8) receive compensation for processed industrial hemp or industrial hemp products from a processor or retailer registered under 11 AAC 40.300 - 11 AAC 40.335 or 11 AAC 40.500 - 11 AAC 40.525.

(b) A registered processor must

(1) comply with all applicable occupational health and safety standards;

(2) use registered scales in compliance with AS 45. 75.080 and 17 AAC 90.920 - 17 AAC 90.935;

(3) permit inspection by the division or division's representatives in compliance with AS 03.05.040 or 03.05.076(e);

(4) permit inspection by local safety officials, including local fire departments, building inspectors, or regulatory code enforcement officers as required by other law; and

(5) upon request of the division and not later than three business days after notice of the request, provide a copy of the registration and inspection reports of the registered scales to the division.

(1) receive compensation for processed industrial hemp or industrial hemp

(2) process or store industrial hemp in a structure that is primarily used for residential purposes;

(3) purchase for processing any industrial hemp or industrial hemp product from a person who is not

(A) registered with the division;

(B) registered or licensed by other states or qualifying entities that have implemented an industrial hemp pilot program in accordance with 7 U.S.C. 5940 (sec. 7606 of the Agricultural Improvement Act of 2014), or a United States Department of Agriculture approved industrial hemp program, authorized under 7 U.S.C. 1639p (sec. 10113 of the Agricultural Improvement Act of 2018); or

History

Authority: AS 03.05.010; AS 03.05.050 AS 03.05.040; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.310 Processor registration application

In addition to the information set out under 11 AAC 40.050, an applicant for a processor registration must submit the following:

(1) a physical description of the processing facility;

(2) a depiction on the map required under 11 AAC 40.050(b)(5) of where industrial hemp will be stored or processed;

(3) if available at the time of application, a list of sources of raw industrial hemp;

(4) for applicants who intend to extract cannabinoids and terpenoids from hemp, a description of the proposed extraction processes and of safety measures provided to protect employees, agents, and the public from the dangers associated with the extraction process; and

(5) a statement of the intended end use or of the disposal of the hemp plant or plant parts not used for processing.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.315 Extraction methods

(a) A registered processor may only create hemp-based extracts utilizing the following methods:

(1) the following non-hydrocarbon extractions:

(A) cold or hot potable water filtration;

(B) isopropanol;

(D) carbon dioxide;

(E) dry ice;

(F) dry shifting or sieve; or

(G) another method, only when preapproved in writing by the division; or

(2) the following hydrocarbon extractions:

(A) n-butane;

(B) isobutane;

(D) heptane: or

(E) another method, only when preapproved in writing by the division.

(b) A registered processor shall only use solvents in the extraction process that are food grade or at minimum 99 percent or greater in purity. Solvent-based extractions must be completed in a commercial, professional grade, closed-loop system capable of recovering the solvent used for extraction.

(c) Each individual batch of processed hemp must meet or exceed the testing requirements set out in 11 AAC 40.600 - 11 AAC 40.665 before the processed industrial hemp or industrial hemp product may be offered with or without compensation to a person or transported from the processing sites.

History

Authority: AS 03.05.010; AS 03.05.050; AS 03.05.077 AS 03.05.040; AS 03.05.076
Eff. 4/4/2020, Register 234

11 AAC 40.320 Testing

(a) For any processed hemp intended for human or animal consumption, each batch shall be tested in accordance with 11 AAC 40.600 - 11 AAC 40.665.

(b) The testing under (a) of this section must be completed by the division or by a testing facility authorized by the division at the expense of the registered processor before packaging, transporting, or making the hemp product available for sale.

(c) The division or authorized representatives of the division may also conduct random sampling and testing of industrial hemp products or sampling of suspected materials unannounced, at any time during the normal business hours of the registered processor. Any sample taken by the division under this section is the property of the division. At the time of inspection, the division or the division's authorized representative will have complete and unrestricted access to all industrial hemp, industrial hemp materials, and industrial hemp products and all land, buildings, and structures listed on the application or registration used to process or store hemp or hemp products.

History

Authority: AS 03.05.010; AS 03.05.040; AS 03.05.076 AS 03.05.030; AS 03.05.050; AS 03.05.079
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.325 Test results

The division will notify the registered processor in writing of test results of any solvents, heavy metals, microbials, or pesticides found during testing.

History

Authority: AS 03.05.010; AS 03.05.050; AS 03.05.079 AS 03.05.040; AS 03.05.076; AS 03.05.090
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.330 Records

(a) A registered processor shall keep records of all industrial hemp obtained for the purpose of processing for each registered year, including

(1) the date the industrial hemp was received;

(2) the quantity received;

(3) an identifying harvest lot number;

(4) the name, telephone number, mailing address, and electronic mail address of the seller or supplier of the hemp; and

(5) the cross streets, if applicable, and GPS coordinates of the grow site for the supplied hemp.

(b) A registered processor shall keep all records for each batch of processed industrial hemp, including

(1) the date of processing;

(2) the lot number coordinated with each batch of processed hemp;

(3) the total amount processed;

(4) the type and method of processing; and

(5) any tests or test results conducted on the hemp in original or processed form, identified by lot and batch number of the tested hemp.

(c) All reports and records identified in this section must be maintained for a minimum of three years and shall be made available for review by the division or authorized representatives of the division not later than three business days after the division's request.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.335 Production reports

(a) A registered processor shall submit a completed production report for each registration term not later than 20 calendar days before the expiration of the registration term.

(b) The report must contain

(1) the quantity of the industrial hemp processed;

(2) the type and quantity of products produced;

(3) identification of the lot and batch numbers processed; and

(4) the disposition of all raw and processed industrial hemp.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

Article 4 Hemp Product Endorsement and Labeling

11 AAC 40.400 Endorsement

(a) Before being offered with or without compensation to a consumer in the state, any industrial hemp product processed beyond its raw form and intended for human or animal consumption must be endorsed by the division.

(b) An endorsement for a hemp product subject to 11 AAC 40.400 - 11 AAC 40.420 is valid for 12 consecutive months from the date of approval. Unless the division makes an earlier decision on a timely filed application to renew an endorsement, a current endorsement remains valid for 90 calendar days after the end of the endorsement term.

(d) The division may not endorse an industrial hemp product that contains delta-9-THC or a non-naturally occurring cannabinoid, including a cannabinoid made from an ingredient extracted from industrial hemp and modified beyond its original form.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.100 AS 03.05.030; AS 03.05.090
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.405 Application for endorsement or renewal of endorsement

(a) An application for endorsement or renewal of endorsement of an industrial hemp product intended for human or animal consumption must be on a form prescribed by the division and must include

(1) a color copy of the product's proposed label;

(2) a copy of the certificate of analysis for each industrial hemp product; and

(3) submission of the endorsement fee set out in 11 AAC 40.100(7).

(b) A written request for modification of the endorsement and the fee set out in 11 AAC 40.100(9) is required for any change to the labeling requirements of 11 AAC 40.420.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.410 Testing standards

(a) Processed industrial hemp products intended for human or animal consumption must meet or exceed the requirements of 11 AAC 40.600 - 11 AAC 40.665.

(b) Processed industrial hemp products intended for human or animal consumption may not be offered with or without compensation to a consumer if failing any requirement in 11 AAC 40.600 - 11 AAC 40.665.

History

Authority: AS 03.05.010; AS 03.05.076 AS 03.05.050; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.415 Hemp product sizing

Repealed.

History

Eff. 4/4/2020, Register 234; repealed 11/3/2023, Register 248

11 AAC 40.420 Labeling

(a) Processed industrial hemp products intended for human or animal consumption must be labeled with the following:

(1) the product name;

(2) the total quantity of the product by weight or volume;

(3) the serving size or recommended dose; and

(4) a list of all ingredients.

(b) Processed industrial hemp products intended for human or animal consumption may not contain health or medical claims on the label, packaging, advertisement, or any other marketing material.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.100 AS 03.05.030; AS 03.05.079
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

Article 5 Retailer Registration

11 AAC 40.500 Retailer registration required

A person may not receive compensation for processed industrial hemp or processed industrial hemp products from a consumer in the state, unless the person has obtained a retailer registration from the division in compliance with this chapter or is operating under a registration subject to 11 AAC 40.500 - 11 AAC 40.525.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.505 Retailer registration; privileges and prohibited acts

(a) A registered retailer is authorized to do the following, in compliance with this chapter:

(1) import processed industrial hemp or industrial hemp products;

(2) receive compensation for processed industrial hemp or industrial hemp products;

(3) store processed industrial hemp or industrial hemp products for the purposes of receiving compensation at the retail locations identified in the registration;

(4) conduct in-house testing for the registrant's own use; and

(5) transport processed industrial hemp or industrial hemp products in compliance with this chapter.

(b) A registered retailer shall

(1) ensure that industrial hemp products intended for human or animal consumption and offered for compensation are free from prohibited substances and appropriately labeled in compliance with applicable law;

(2) obtain a registration for each store or location where industrial hemp products are offered for sale;

(3) not later than three business days after a request, provide to the division a list of the processors of any processed industrial hemp or industrial hemp product offered for compensation; and

(4) permit inspection of the retail locations identified in the application for registration and of the processed industrial hemp or industrial hemp product by the division or division's representatives in compliance with AS 03.05.040 or 03.05.076(e).

(d) Unless a registered retailer is also a registered grower, the registrant may not transfer or receive compensation for live industrial hemp plants, viable industrial hemp plants, or viable seed.

History

Authority: AS 03.05.010; AS 03.05.050 AS 03.05.040; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.510 Retailer registration application

In addition to the information set out under 11 AAC 40.050, an applicant for a retailer registration must submit the following:

(1) a description of the type of store or operations of the retailer; and

(2) a location of the retailer where industrial hemp will be offered for retail sales.

History

Authority: AS 03.05.010; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.515 Incorporation of a processed hemp product into a non-hemp product intended for human or animal consumption

(a) A registered retailer who adds, mixes, or incorporates a processed industrial hemp product intended for human or animal consumption into non-hemp products shall use only processed hemp products endorsed under 11 AAC 40.400 - 11 AAC 40.420.

(b) A registered retailer who adds, mixes, or incorporates a processed industrial hemp product intended for human or animal consumption into a non-hemp product shall use registered scales or other instruments that are in compliance with AS 45.75.080 and 17 AAC 90.920 - 17 AAC 90.935 to determine the appropriate serving size of the hemp product and shall maintain current registration and inspection reports for the scales or other instruments as required under AS 45.75.080 and 17 AAC 90.920 - 17 AAC 90.935.

(c) Not later than three business days after the division's request, copies of registration and inspection reports required under (b) of this section shall be provided to the division.

History

Authority: AS 03.05.010; AS 03.05.050; AS 03.05.077 AS 03.05.030; AS 03.05.076
Eff. 4/4/2020, Register 234

11 AAC 40.520 Inspection and testing

(a) The division or an authorized representative of the division shall be granted access to all industrial hemp products available at any retail location during normal business hours in order to inspect, test, and sample any hemp products available for sale.

(b) The division may issue a notice of violation and a stop order for any processed hemp product intended for human or animal consumption from a registered retailer if the hemp product

(1) does not hold a current endorsement from the division issued in compliance with 11 AAC 40.400 - 11 AAC 40.420;

(2) is not labeled as required by 11 AAC 40.420;

(3) contains any delta-9-THC; or

(4) has failed the permissible level of contaminants as provided in 11 AAC 40.640.

History

Authority: AS 03.05.010; AS 03.05.050; AS 03.05.090 AS 03.05.030; AS 03.05.076 AS 03.05.040; AS 03.05.079
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

11 AAC 40.525 Records

(a) A registered retailer shall keep records of processed industrial hemp or processed industrial hemp products obtained for the purpose of retail for each registered year, including

(1) the date the processed industrial hemp or processed industrial hemp products were received;

(2) the quantity received;

(3) identifying lot and batch numbers for processed industrial hemp or processed industrial hemp products; and

(4) identification of the supplier of processed industrial hemp or processed industrial hemp products.

(b) All reports and records identified in this section shall be maintained for a minimum of three years and shall be made available for review by the division or the division's representative not later than three business days after the division's request.

History

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

11 AAC 40.530 Retailer reports

Repealed.

History

Eff. 4/4/2020, Register 234; repealed 11/3/2023, Register 248

Authority: AS 03.05.010; AS 03.05.076 AS 03.05.050; AS 03.05.077
Eff. 4/4/2020, Register 234

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.078
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

Authority: AS 03.05.010; AS 03.05.076; AS 03.05.077
Eff. 4/4/2020, Register 234

Article 9 General Provisions

11 AAC 40.910 Industrial Hemp

11 AAC 40.910. Definitions. In this chapter, (1) "Alaska Industrial Hemp Program" means the program operated by the division to study, promote, and regulate the growth, cultivation, or marketing of industrial hemp as permitted under AS 03.05.010 and 03.05.076; (2) "applicant" means a person who submits an application to participate as a registrant in the Alaska Industrial Hemp Program; (3) "batch" means (A) a quantity of hemp or hemp parts from a harvest lot; or (B) a quantity of hemp extract from a process lot; (4) "business day" means a day other than Saturday, Sunday, or a state holiday; (5) "business entity" means a not-for-profit or for-profit corporation, partnership, limited liability company, or other business association that is not a natural person; (6) "calendar day" means a day, including Saturday, Sunday, or a state holiday; (7) "cannabinoid" means any hemp-derived phytocannabinoid; (8) "cannabis" means all parts of any cannabis species plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts; (9) "CBD" (A) means naturally occurring cannabidiol; (B) does not include synthetic cannabidiol; (10) "commissioner" means the commissioner of natural resources; (11) "compensation" means money, bartered objects or services, or anything else of value, whether given as a payment or voluntarily as a donation, when accepted by a person who gives, distributes, or delivers industrial hemp to another; (12) "consumer" has the meaning given in AS 45.50.561, but excludes registrants or persons who should be registered, but are not, in the Alaska Industrial Hemp Program; (13) "consumption" means any method of ingestion of or application to the body, including eating, drinking, inhaling, absorbing, or injecting; (14) "delta-9-THC" means delta-9-tetrahydrocannabinol concentration determined by a post-decarboxylation chemical analysis; (15) repealed 11/3/2023; (16) "department" means the Department of Natural Resources; (17) "destroy" means to make incapable of being (A) harvested; (B) processed; or (C) offered, with or without compensation, to a consumer; (18) "division" means the division of agriculture within the department; (19) "extraction" means the act of using a solvent or mechanical means to process raw hemp plant parts by means of hydrocarbon, non-hydrocarbon, or mechanical extraction; (20) "fibrous waste" means any roots, stalks, stems or flowers from hemp, not used or intended for use in making a product; (21) "GPS" means global positioning system; (22) "grow" means to plant, propagate, cultivate, or harvest industrial hemp; (23) "grow area" means a contiguous area where industrial hemp is grown or is intended to be grown, that may consist of field, greenhouses, or other buildings, and that is described from a single GPS coordinate within the grow area; (24) "grower registration" means a document authorizing the person to grow, handle, and store hemp at one or more specified locations in the state; (25) "harvest" means to remove industrial hemp plants, plant parts, grain, or seeds from a grow area; (26) "harvest lot" (A) means a quantity of industrial hemp that is (i) harvested in a distinct timeframe; and (ii) grown in one contiguous production area within a grow area, or grown in one or more portions of one contiguous production area within a grow area; (B) does not include a quantity of industrial hemp grown in noncontiguous production areas; (27) "hemp seed" means cannabis seed (A) that is sold to or intended to be sold to registered growers for planting; or (B) that remains in unprocessed or partially processed condition that is capable of germination; (28) "individual" means a natural person; (29) "industrial hemp" or "hemp" has the meaning given in AS 03.05.100, whether the plant is growing or not; (30) "industrial hemp product" or "hemp product" means an item in its final form derived from all parts and varieties of a Cannabis species plant; (31) "isolation distance" has the meaning given in AS 03.05.010(a)(7)(D); (32) "label" means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying an industrial hemp product; (33) "landrace" means not systematically selected and marketed and not developed by plant breeders; (34) "marketing" includes (A) promoting or selling a product within the state, in another state, or outside of the United States; and (B) efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers; (35) "peace officer" has the meaning given in AS 01.10.060; (36) "person" has the meaning given in AS 01.10.060; (37) "plant part" or "part" includes (A) whole or partial unprocessed plants, including stalk, leaf, seed, floral, root materials, oils, resin, or wax; (B) raw roots; (C) fresh, unprocessed, dried, or ground leaves or floral material; (D) rooted plants, cuttings, propagules, or clones; or (E) any other portion of an industrial hemp plant; (38) "ppm" means parts per million; (39) "processing" means all means of converting, extracting, refining, altering, manufacturing, or turning industrial hemp into finished industrial hemp or an industrial hemp product ready for market; (40) "process lot" means any amount of hemp, hemp concentrate, or extract of the same type that is processed at the same time using the same extraction methods, standard operating procedures, and batches from the same or a different harvest lot; (41) "produce industrial hemp," as set out in AS 03.05.076(b)(1), (A) includes growing, harvesting, possessing, transporting, processing, selling or buying industrial hemp or an industrial hemp product; (B) does not include a consumer's provision of compensation to a registrant for industrial hemp or an industrial hemp product; (42) "prohibited variety" means a variety or strain of cannabis excluded from the Alaska Industrial Hemp Program; (43) "propagation" means the reproduction of hemp plants by seed, cutting, grafting, or in vitro; (44) "propagule" means a plant or plant part that can be utilized to grow a new plant; (45) "quarantine" means, at the election of the division, either (A) keeping industrial hemp or an industrial hemp product segregated, but in place and in the custody of the registrant; or (B) removing industrial hemp or an industrial hemp product to a location designated by the division and in the division's custody; (46) "registered grower" means a person in the state authorized by the division to cultivate, plant, grow, handle, harvest, condition, store, distribute, or transport industrial hemp, plants, plant parts, grain, or seed in the state; (47) "registered processor" means a person in the state authorized by the division to process, handle, store, or process industrial hemp plants, plant parts, or grain and take part in any aspect of turning raw, harvested industrial hemp into an industrial hemp product in the state; (48) "registered retailer" means a person authorized by the division to receive compensation for, or offer for free, industrial hemp or an industrial hemp product after registration, and, if applicable, a product endorsement, to a consumer in the state; (49) "registrant" means a person possessing one or more industrial hemp registrations issued by the division under the authority of this chapter, AS 03.05.010, and 03.05.076; (50) "registration" means an instrument permitting an applicant to participate in the Alaska Industrial Hemp Program subject to its terms and the provisions of this chapter; (51) "sample" means an amount of industrial hemp or industrial hemp product selected for testing; (52) "seed" means an industrial hemp plant's unit of sexual reproduction intended to be planted for germination; (53) "solvent" means a substance that is capable of dissolving or dispersing one or more other substances; (54) "signing authority" means the permissibility for an adult individual or an officer or agent of a legal entity to validly enter a binding agreement; (55) "test batch" means a group of samples submitted collectively for testing; (56) "THC" means total composite tetrahydrocannabinol, including delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid; (57) "variety" means a subdivision of a species that is (A) uniform, in the sense that the variations in essential and distinctive characteristics are describable; (B) stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties; and (C) distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, other characteristics from all other publicly known varieties, or other characteristics from all other publicly known varieties; (58) "wild" means growing in the natural environment, not domesticated or cultivated. (59) "certificate of analysis" means a document produced by a testing laboratory listing the quantities of the various analytes for which testing was performed; (60) "not more than 0.3 percent" means not more than 3,000 parts per million on a dry weight basis of raw industrial hemp; (61) "ppb" means parts per billion.

History

Authority: AS 03.05.010; AS 03.05.050; AS 03.05.100 AS 03.05.030; AS 03.05.076
Eff. 4/4/2020, Register 234; am 11/3/2023, Register 248

Part 6 Lands

Chapter 51 Public Easements

Article 1 Applicability of Chapter

11 AAC 51.010 Purpose and applicability

(a) This chapter applies to each public easement

(1) reserved by the department or granted to the state, including each right-of-way established under R. S. 2477 or other authority; and

(2) managed by the department under AS 38.

(b) For purposes of this chapter, a public easement

(1) includes any interest in land that is not possessory and that, upon land that may be owned by another person, is reserved by the department or granted to the state for use by or the benefit of the public, including an access easement, survey easement, and utility easement; and

(2) does not include

(A) full ownership of all rights in a strip or corridor of land; or

(B) a negative easement.

(c) Construction or use of a road, trail, or other access improvement on state land does not create an easement. By authorizing construction of a temporary road or casual-use trail under 11 AAC 96 the department does not grant or reserve a public easement.

(d) Unless and until it is vacated, a public easement is a valid existing right, even if the land subject to the easement is conveyed by or was never owned by the state.

History

Authority: AS 38.04.050; AS 38.04.900; AS 38.05.127 AS 38.04.055; AS 38.05.020; AS 38.05.850 AS 38.04.058; AS 38.05.035
Eff. 5/14/92, Register 122; am 5/3/2001, Register 158

Article 2 Identification, Reservation, and Modification of Public Easements

11 AAC 51.015 Standards for public easements

(a) Before selling, leasing, or otherwise disposing of the land estate, the department will reserve public easements under this section. The department will require survey and platting under 11 AAC 53 of a public easement reserved under this section, unless survey is unnecessary to determine the easement's location, as in the case of an easement tied to a surveyed property boundary, the ordinary high water mark, or the mean high water line.

(b) In addition to the circumstances set out in (a) of this section, the department will require survey of a public easement on land

(1) that the department does not manage under AS 38, if required under 11 AAC 51.100(g); or

(2) presently not intended for sale, lease, or other disposal, as the department determines necessary to resolve uncertainty over the easement's relationship to a property boundary.

(c) The dedication to public use, on a plat approved by a municipal platting authority, of a public easement reserved by or granted to the state does not convey to the municipality

(1) an R.S. 2477 right-of-way, a section-line easement under AS 19.10.010, or an access easement reserved under AS 38.05.127; or

(2) a public easement other than one described in (1) of this subsection, unless the department specifically expresses in a final disposal decision under AS 38.05.035(e) its intent to convey the public easement.

(d) Before selling, leasing, or otherwise disposing of the land estate, the department will reserve

(1) public easements in the following minimum widths, except that a platting authority or the department may set a different width to address special conditions, including topography, difficult soils, or the presence of existing improvements:

(A) for a utility easement, 30 feet;

(B) for a pedestrian easement, 25 feet;

(D) for a neighborhood service road, 60 feet;

(E) for an existing road that does not already have a reserved easement, 60 feet;

(2) a survey easement at least five feet wide from the nearest practical point on the property boundary to a survey control station; a survey easement reserved under this paragraph includes

(A) an easement with a radius of five feet around the control station; and

(B) as applicable, a five-foot wide direct line-of-sight easement from the control station to an azimuth mark or other control station;

(3) access easements, in the minimum widths set out in 11 AAC 51.045, to and along navigable and public water; and

(4) public easements along section lines in the widths set out in 11 AAC 51.025.

(e) The department may reserve additional public easements as the department considers necessary and in accordance with applicable law, and may determine the location, size and type of those public easements.

History

Authority: AS 38.04.045; AS 38.05.900; AS 38.05.127 AS 38.04.050; AS 38.05.020 AS 38.05.055; AS 38.05.035
Eff. 5/3/2001, Register 158

11 AAC 51.020 Nomination application

Repealed.

History

Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158

11 AAC 51.025 Section-line easements

(a) In accordance with AS 19.10.010, before selling, leasing, or otherwise disposing of the surveyed or unsurveyed land estate, the department will reserve along each section line public easements in the following widths:

(1) if the section line forms a boundary of the parcel being disposed, 50 feet measured from the section line;

(2) if the section line runs through the parcel being disposed, 50 feet measured on each side of the section line, for a total width of 100 feet.

(b) Whether reserved by the department or granted to the state, a section-line easement continues to exist unless and until it is vacated under 11 AAC 51.065, regardless of whether that easement is in use.

(c) Nothing in this chapter affects or modifies the existence and width of any section-line easement as established by ch. 19, SLA 1923, ch. 123, SLA 1951, ch. 35, SLA 1953, and AS 19.10.010, as applicable.

History

Authority: AS 19.30.400; AS 38.05.020; AS 38.05.035
Eff. 5/3/2001, Register 158

11 AAC 51.030 Identification and notification

Repealed.

History

Eff. 5/14/92, Register 122; am 11/10/93, Register 128; repealed 5/3/2001, Register 158

11 AAC 51.035 Determination of navigable and public water

(a) As part of a preliminary or proposed written decision under AS 38.05.035(e) before the sale, lease, grant, or other disposal of any interest in state land, the department will determine whether water adjacent to or contained within the land intended for disposal is navigable water, public water, or neither under AS 38.05.127. However, if the preliminary or proposed written decision is for an oil and gas lease or a mineral lease, the determination under this section and reservation of access easements under 11 AAC 51.045 may be postponed until the lessee proposes, within 100 feet upland from the ordinary high water mark or mean high water line, lease facilities or lease development activities involving surface entry.

(b) For purposes of the determination under (a) of this section and for reserving access easements under 11 AAC 51.045, a water body at least 50 acres in size or a waterway at least 50 feet in width from the ordinary high water mark to the ordinary high water mark will be considered navigable water. The commissioner may determine that a water body smaller than 50 acres or a waterway smaller than 50 feet in width is navigable water.

(c) For purposes of the determination under (a) of this section and for reserving access easements under 11 AAC 51.045, a water body at least 10 acres but less than 50 acres in size or a waterway at least 10 feet but less than 50 feet in width from the ordinary high water mark to the ordinary high water mark will be considered

(1) navigable water if the department finds that the water body or waterway is navigable in fact for a useful public purpose under AS 38.05.965; or

(2) public water if the department does not make a finding described in (1) of this subsection.

(d) The commissioner may determine that a water body smaller than 10 acres in size or a waterway smaller than 10 feet in width from the ordinary high water mark to the ordinary high water mark is public water.

History

Authority: AS 38.04.005; AS 38.04.900; AS 38.05.035 AS 38.04.055; AS 38.05.020; AS 38.05.127
Eff. 5/3/2001, Register 158

11 AAC 51.040 Evaluation procedure

Repealed.

History

Eff. 5/14/92, Register 122; am 11/10/93, Register 128; repealed 5/3/2001, Register 158

11 AAC 51.045 Easements to and along navigable and public water

(a) As part of a preliminary or proposed written decision under AS 38.05.035(e) before the sale, lease, grant, or other disposal of any interest in state land the department will

(1) list or map the access easements that the department proposes to reserve under this section for public access to and along water determined under 11 AAC 51.035 to be navigable or public water; or

(2) state why reserving an access easement is not necessary to ensure free access to and along water determined under 11 AAC 51.035 to be navigable or public water or why regulating or limiting access is necessary for other beneficial uses or public purposes.

(b) In its final written decision under AS 38.05.035(e), the department will incorporate the list or map prepared under (a)(1) of this section or, in response to public comments or other information known to the department, will incorporate a modified version of that list or map. Unless the final decision under AS 38.05.035(e) determines that reserving an access easement is not necessary to ensure free access to and along the water or that regulating or limiting access is necessary for other beneficial uses or public purposes, the department will reserve access easements as required by this section.

(c) Before the department grants a lease of the land estate or conveyance of land adjacent to any water affected by tidal action, the department

(1) will reserve along that water an access easement that

(A) is continuous, unless topography or land status prevents a continuous easement; and

(B) extends at least 50 feet from the mean high water line on the side to be leased or conveyed, and on both sides of the mean high water line if land on both sides is to be leased or conveyed; and

(2) may reserve an alternative upland access route, if the department finds that access along an easement reserved under (1) of this subsection might be difficult because of topography or obstructions.

(d) Before the department grants a lease of the land estate or conveyance of land adjacent to or containing any inland water determined under 11 AAC 51.035 to be navigable water, the department

(1) will reserve along that water an access easement that

(A) is continuous, unless topography or land status prevents a continuous easement; and

(B) extends at least 50 feet upland from the ordinary high water mark;

(2) will retain the bed of that water in state ownership; and

(3) may reserve an alternative upland access route, if the department finds that access along an easement reserved under (1) of this subsection might be difficult because of topography or obstructions.

(e) Before the department grants a lease of the land estate or conveyance of land adjacent to or containing any inland water determined under 11 AAC 51.035 to be public water, the department

(1) will reserve, along and on the bed of that water, an access easement that

(A) is continuous, unless topography or land status prevents a continuous easement; and

(B) extends at least 50 feet upland from the ordinary high water mark; and

(f) Before the department grants a lease of the land estate or conveyance of land adjacent to or containing water determined under 11 AAC 51.035 to be navigable or public water, and if

(1) an existing trail, road, or other overland route provides access to the water but does not already have a reserved easement, the department will reserve an access easement, with a minimum width as required under 11 AAC 51.015(d)(1)(E);

(2) a trail, road, or other overland access route to the water does not exist, but a public road or a public trail lies within two miles of the navigable or public water, and if overland access from the road or trail to the water is feasible, the department

(A) will reserve, from the road or trail to the water, an access easement with a minimum width of 50 feet, or with a minimum width of 60 feet if the department also determines that the need for increased public access to navigable or public water may justify construction of a road along an easement; and

(B) will reserve access easements under (A) of this paragraph, at intervals of approximately one mile, from the water to a public road or a public trail that lies parallel to the water; in reserving these easements, the department may designate

(i) a section-line easement under AS 19.10.010 as an access easement, to the extent that the section-line easement runs on state land, and if the section-line easement provides a practical route to the shore; and

(ii) an access easement along a tributary waterway for access to another water body or waterway, if the easement along the tributary waterway provides a practical and reasonably direct route from the road or trail to the other water body or waterway; or

(3) a trail, road, or other overland access route to the water does not exist, but a public railroad crossing authorized by the railroad operator lies within two miles of the navigable or public water, and if overland access from the railroad crossing to the water is feasible, the department will reserve, from the railroad crossing to the water, an access easement with a minimum width of 50 feet, or with a minimum width 60 feet if the department also determines that the need for increased public access to navigable or public water may justify construction of a road along an easement.

(g) If reserving access easements under (f) of this section, the department may reserve additional access easements to a water body or waterway to accommodate existing or anticipated heavy use, to protect portage routes, or to secure access between aircraft landing sites and nearby navigable or public water.

(h) In determining the access easements to be reserved to and along navigable or public water, the department will solicit comments from the Department of Fish and Game and from a municipality or other person entitled under AS 38.05.945 to notice of the preliminary or proposed written decision under AS 38.05.035(e).

History

Authority: AS 38.04.005; AS 38.04.900; AS 38.05.035 AS 38.04.055; AS 38.05.020; AS 38.05.127
Eff. 5/3/2001, Register 158

11 AAC 51.050 Informal adjudicatory proceeding

Repealed.

History

Eff. 5/14/92, Register 122; repealed 11/10/93, Register 128

11 AAC 51.055 Identification of R.S. 2477 rights-of-way

(a) Before reporting to the legislature in accordance with AS 19.30.400(b), the department will issue a proposal to identify a historic road or trail as an R.S. 2477 right-of-way that has been accepted by the state or territory of Alaska or by public use or construction.

(b) In a proposal under (a) of this section, the department will consider if sufficient evidence

(1) exists to locate the potential R.S. 2477 right-of-way on a United States Geological Survey topographical map at a scale of 1:63,360 (one inch = one mile) or on an equivalent or more detailed map;

(2) shows that the potential R.S. 2477 right-of-way crossed federal land that was unappropriated and not reserved for public use at the time of any acceptance described in (3)(A) or (3)(B) of this subsection; and

(3) exists of historical use; that evidence must include a reliable historical account, or information supplied by a knowledgeable person, to show that

(A) public use or construction constituted acceptance of the right-of-way grant under R.S. 2477 in accordance with applicable law; or

(B) a positive act on the part of a public authority constituted acceptance of the right-of-way grant under R.S. 2477 in accordance with applicable law.

(1) supports or is contrary to evidence considered under (b) of this section; and

(2) is offered during a public comment period of at least 30 days after the department gives public notice

(A) on the Alaska Online Public Notice System developed under AS 44.62.175, or in a newspaper of statewide circulation;

(B) in a newspaper of general circulation in the vicinity of the route;

(C) by posting at a post office in the vicinity of the route, or by public service announcements in media serving the vicinity of the route;

(D) to a municipality through whose boundaries the route passes;

(E) to a regional corporation established by 43 U.S.C. 1606(a) (sec. 7(a), Alaska Native Claims Settlement Act) through whose region the route passes;

(F) to a village corporation organized under 43 U.S.C. 1607(a) (sec. 8(a), Alaska Native Claims Settlement Act) if the route is within 25 miles of the village for which the corporation was established; and

(G) to the Department of Fish and Game.

(d) After the comment period held under (c) of this section, the department will prepare a written decision whether to identify the route, in whole or in part, as an R.S. 2477 right-of-way. The department will base its decision on evidence considered or received, and will include a response to comments received. The department will give notice of its identification decision to any person who commented during the comment period.

(e) If under (d) of this section the department identifies a historic road or trail as an R.S. 2477 right-of-way, the department will show the approximate location of the right-of-way on a map described in (b) of this section.

(f) The department's identification decision may be appealed under 11 AAC 02 if the appellant demonstrates that questions of fact remain to be resolved on a route's qualification as an R.S. 2477 right-of-way. The possible adverse impacts that public use of a route may cause to private property are not grounds for an appeal of the department's identification of an R.S. 2477 right-of-way. However, the department will consider adverse impacts in the department's management of the right-of-way, and the property owner may raise them if petitioning under 11 AAC 51.065 to vacate or relocate the right-of-way.

(g) After reporting to the legislature under AS 19.30.400(b), the department will manage use by the general public of an R.S. 2477 right-of-way that is identified under this section unless the

(1) R.S. 2477 right-of-way is part of the state highway system or the department transfers the R.S. 2477 right-of-way to the Department of Transportation and Public Facilities for management; or

(2) department transfers management authority to a municipality, with the municipality's consent; however, management by a municipality does not include the right to vacate the right-of-way.

History

Authority: AS 19.30.400; AS 38.04.058; AS 38.05.020 AS 38.04.055; AS 38.04.900; AS 38.05.035
Eff. 5/3/2001, Register 158

11 AAC 51.060 Evaluation criteria for departmental decision

Repealed.

History

Eff. 5/14/92, Register 122; am 11/10/93, Register 128; repealed 5/3/2001, Register 158

11 AAC 51.065 Vacation of easements

(a) An affected person or a municipal assembly or city council may petition the department to vacate, modify, or relocate,

(1) in accordance with AS 19.30.410, an R.S. 2477 right-of-way, including a section-line easement under AS 19.10.010 that the department manages under AS 19.30.400 and AS 38;

(2) in accordance with AS 38.05.127(d), an access easement reserved under AS 38.05.127 and 11 AAC 51.045;

(3) in accordance with AS 40.15.300 - 40.15.380, a platted easement dedicated to public use and managed by the department under AS 38;

(4) on land that the state currently owns or formerly owned, a public easement reserved along a section line under AS 19.10.010; or

(5) another state-owned public easement managed by the department.

(b) A petition to the department under (a) of this section must also be submitted to the platting authority for consideration, including public notice and a public hearing, in accordance with the procedures set out in

(1) AS 29.40.120 - 29.40.150, if the platting authority is established under AS 29.40.080 by a municipality described in AS 40.15.070(a); or

(2) AS 40.15.305 and 11 AAC 53.250, as applicable, if the platting authority is the department in accordance with AS 40.15.070(b).

(c) If a municipal platting authority declines to consider the petition in accordance with the procedures set out in AS 29.40.120 - 29.40.150, on the grounds that the public easement is unplatted or is an R.S. 2477 right-of-way, the department will give notice of the petition in a newspaper of general circulation in the vicinity of the public easement and provide a comment period of at least 30 days. The petitioner shall reimburse the department for the costs of notice.

(d) In addition to a notice, comment opportunity, or hearing provided under (b) - (c) of this section by a municipal platting authority or the department, the department will give notice of a petition under (a) of this section and provide a comment period of at least 30 days by publishing notice in a newspaper of statewide circulation, posting notice on the Alaska Online Public Notice System developed under AS 44.62.175, and notifying other parties known or likely to be affected by the action, including the Department of Transportation and Public Facilities and the Department of Fish and Game. The petitioner shall reimburse the department for the costs of notice.

(e) In its administrative review and finding under this section whether to vacate, modify, or relocate a public easement is in the best interests of the state, the department will include

(1) consideration of any recommendation or decision, as applicable, from the platting authority;

(2) a comparison of the public easement sought to be vacated, modified, or relocated with alternate access proposed in accordance with (f), (g), or (h) of this section, as applicable, in terms of underlying land ownership, land management policies, current public use patterns, and practicality of use; and

(3) consideration of public and agency comments that are material to the comparison undertaken in (2) of this subsection.

(f) Before any vacation, modification, or relocation of a public easement described in (a)(2) - (a)(5) of this section, the petitioner must demonstrate to the satisfaction of the department that equal or better access is available. Equal or better access must be access that is

(1) protected by an easement of record that is adequately wide for the purpose; if the easement of record is new, the petitioner must arrange for a note in the vacation document to be recorded under (j) of this section that identifies the new easement as a replacement for the vacated easement; and

(2) at least equally usable, considering length, type of terrain, and level of improvement, as the easement to be vacated; if development or improvement is needed to make the replacement easement at least equally usable, the petitioner must arrange for the development or improvement to be completed before the vacation takes effect.

(g) For purposes of any department determination to vacate, modify, or relocate, in accordance with AS 19.30.410(1), an R.S. 2477 right-of-way described in (a)(1) of this section,

(1) the petitioner must demonstrate to the satisfaction of the department that a reasonably comparable, established alternate right-of-way or means of access exists that is sufficient to satisfy all present and reasonably foreseeable uses;

(2) a right-of-way or means of access is reasonably comparable if it provides

(A) equal or better access as described in (f) of this section; and

(B) access between the same destinations as the R.S. 2477 right-of-way, for an R.S. 2477 right-of-way other than a section-line easement;

(3) a right-of-way or means of access is established if, before any vacation takes effect, all necessary surveying, platting, and recording have been completed, and the alternate access is ready for its intended use; the petitioner must arrange for a note in the vacation document to be recorded under (j) of this section that identifies the right-of-way or means of access that serves as a replacement for the vacated R.S. 2477 right-of-way; and

(4) a right-of-way or means of access is sufficient to satisfy all present and reasonably foreseeable uses if it is suitable for future trail development, road development, and utility installation, if the department finds that those uses may be needed in the future, and if the department finds that the R.S. 2477 right-of-way to be vacated is suitable for those uses; for purposes of this paragraph,

(A) if poorly drained soils make an R.S. 2477 right-of-way suitable only for winter use, the alternate right-of-way or means of access must also be suitable for winter use, but need not be suitable for an all-season road;

(B) the alternate right-of-way or means of access may be provided through more than one route, each suitable to a particular use; and

(C) the alternate right-of-way or means of access may be provided at a reduced width, either along the original alignment or elsewhere, if the reduced width is sufficient for all present and reasonably foreseeable uses.

(h) For purposes of any department determination to vacate, modify, or relocate, in accordance with AS 19.30.410(2), an R.S. 2477 right-of-way described in (a)(1) of this section,

(1) the department will not consider a municipal assembly or city council to have requested the vacation unless vacation is requested by ordinance; and

(2) the petitioner must demonstrate, to the department's satisfaction, that a reasonable alternative means of access is available; a reasonable alternative means of access need not qualify as equal or better access as described in (f) of this section; the petitioner must arrange for a note in the vacation document to be recorded under (j) of this section that identifies the alternative means of access that serves as a replacement for the vacated R.S. 2477 right-of-way.

(i) The department will not approve the vacation, modification, or relocation of a section-line easement or R.S. 2477 right-of-way described in (a)(1) or (a)(4) of this section, including an R.S. 2477 right-of-way that has been identified under 11 AAC 51.045(f)(2)(B)(i) as an access easement to navigable or public water, without the consent of the commissioner of transportation and public facilities under AS 19.05 - 19.30.

(j) A vacation, modification, or relocation of a public easement is not final until a

(1) plat is recorded evidencing the vacation, modification, or relocation, if the public easement being altered was previously identified by a recorded plat; or

(2) document is recorded identifying the affected lot, tract, or parcel and describing the manner in which the affected public easement is being altered, if the easement was not previously identified by a recorded plat; the department will not require a plat to be prepared and recorded unless a plat is necessary to locate a new easement that will replace the easement being altered.

(k) An owner of land affected by an unplatted R.S. 2477 right-of-way may request the department's approval to reroute the right-of-way elsewhere on that owner's land to an alignment that less adversely affects the landowner's interests. The department will approve the realignment if the realignment provides access reasonably comparable to the original, does not affect land in other ownership, and connects to the original route where it enters and exits the landowner's land. The realignment of an R.S. 2477 right-of-way under this subsection within a parcel of land does not constitute a vacation under this section.

History

Authority: AS 19.30.410; AS 38.04.900; AS 38.05.127 AS 38.04.058; AS 38.05.020; AS 40.15.070 AS 38.04.200; AS 38.05.035; AS 40.15.305
Eff. 5/3/2001, Register 158

11 AAC 51.070 Appeal

Repealed.

History

Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158

11 AAC 51.075 Surveying and field marking of easements

(a) The department may require as a condition of any sale, lease, grant, or other disposal of state land that the purchaser, lessee, or grantee survey, mark, or both survey and mark access easements reserved or retained under this chapter in a manner consistent with the following requirements:

(1) marking of an access easement across uplands must include clearly visible monuments or signs at the following places:

(A) at the intersection of the access easement and any public road, railroad, trail, or aircraft landing site;

(B) at the intersection of the access easement and any navigable or public water;

(C) along the access easement at intervals reasonably sufficient to allow the route to be followed, unless the easement's route is shown by a clearly visible trail or road;

(2) marking of an access easement along a water body or waterway must include a clearly visible monument or sign where the access easement intersects any public road or trail.

(b) Both the purchaser, lessee, or grantee and the successors or assignees of that person shall perpetuate and maintain any marking required under (a) of this section.

(c) A person may not obstruct, move, or destroy a marking on an access easement without written permission from the department.

History

Authority: AS 38.04.005; AS 38.04.900; AS 38.05.127 AS 38.04.050; AS 38.05.020 AS 38.04.055; AS 38.05.035
Eff. 5/3/2001, Register 158

11 AAC 51.080 Final decision and judicial appeal

Repealed.

History

Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158

11 AAC 51.085 Access and utility easements to mental health trust land

Before disposing of land, or granting or reserving an easement across land, the department will, after consulting with the executive director of the mental health trust land unit established under AS 44.37.050, either reserve or ensure the department's future ability to reserve adequate and feasible access and utility easements to any adjoining or adjacent Alaska mental health trust land without cost to the Alaska mental health trust.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 5/3/2001, Register 158

11 AAC 51.090 Classification

Repealed.

History

Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158

11 AAC 51.100 Management of public easements, including R.S. 2477 rights-of-way

(a) The commissioner has management authority over the use of any R.S. 2477 right-of-way that is not on the Alaska highway system. Certain land use actions on R.S. 2477 rights-of-way, including road construction, may require a permit under 11 AAC 96.010, or other authorization by the department. Based on a written determination by the commissioner, the commissioner will, in the commissioner's discretion, close or restrict the use of an R.S. 2477 right-of-way over which the commissioner has management authority in order to

(1) protect public safety;

(2) protect the right-of-way and the servient estate against damage that may be caused by use during storms, floods, thawing conditions, or construction and maintenance operations; or

(3) protect or manage other resources in or near the right-of-way.

(b) If the commissioner closes or restricts the use of an R.S. 2477 right-of-way under (a) of this section, the department will

(1) post notice in a conspicuous place near the right-of-way of the closure or restricted use of the right-of-way and, at the department's discretion, place a barrier or obstruction on the right-of-way;

(2) post signs in a conspicuous place near the right-of-way indicating the location of any alternative routes.

(c) Any decision made under (a) to close or restrict the use of an R.S. 2477 right-of-way may be appealed under 11 AAC 02.

(d) The commissioner and the commissioner of the Alaska Department of Transportation and Public Facilities, by agreement, will determine if an R.S. 2477 right-of-way managed under this section will be transferred to the Alaska Department of Transportation and Public Facilities or to a local government for management purposes.

(e) If an access use or access development activity on a public easement managed under AS 38 may not occur without a permit under 11 AAC 96.010 or other authorization by the department, and if the permit or authorization sought is for new access construction

(1) that would displace or preclude a traditional means of access for a traditional outdoor activity on the easement, including construction of a road on a trail traditionally used for hiking or snowmachine travel, the department will provide public notice and an opportunity for comment of at least 14 days before deciding whether to issue the permit or authorization; or

(2) on an unsurveyed easement that crosses land not managed under AS 38, the department will provide notice and a comment opportunity of at least 14 days to the owner of the land determined to be subject to the easement before deciding whether to issue the permit or authorization.

(f) Even if notice is not required under (e)(1) or (e)(2) of this section, the department may provide notice and a comment opportunity to the owner of the land subject to an R.S. 2477 right-of-way.

(g) If a permit or authorization is sought for new access construction as described in(e)(2) of this section, the department will require the permit applicant to survey the public easement, in order to show the relationship between property boundaries and that easement and to reduce the possibility of unintentional trespass. However, the department will not require a survey if the location of the public easement may readily be determined, and if a dispute does not exist regarding whose land the easement crosses. The survey is subject to approval by the department. The survey must be conducted by a surveyor, must show the relationship of the easement to the boundaries of the land it crosses, and must be performed to Class III standards under 11 AAC 53.110.

(h) The department or a person may complete a trail easement diagram showing the location of an existing trail or road. An applicant who is subject to (g) of this section may not use a trail easement diagram as a survey unless the trail easement diagram satisfies the requirements for a survey set out in that subsection.

(i) On land subject to a public easement managed under AS 38, uses and activities by the landowner that are consistent with the landowner's property rights and that do not restrict public use of the easement do not require a permit under 11 AAC 96.

(j) If the state holds only a public easement, and another person holds the other interests in the land, the department will issue a permit under 11 AAC 96 only for uses and activities related to access.

History

Authority: AS 38.04.045; AS 38.04.900; AS 38.05.027 AS 38.04.058; AS 38.05.020; AS 38.05.035
Eff. 5/14/92, Register 122; am 11/10/93, Register 128; am 5/3/2001, Register 158

Article 4 General Provisions

11 AAC 51.900 Definitions

Repealed.

History

Eff. 5/14/92, Register 122; repealed 5/3/2001, Register 158

11 AAC 51.910 Appeal

(a) In accordance with 11 AAC 02, an eligible person may appeal a decision issued under this chapter, including

(1) an R.S. 2477 right-of-way identification decision under 11 AAC 51.055(d) or a decision following notice under 11 AAC 51.100(f), if the appellant demonstrates that there are questions of fact to be resolved on the route's qualification as an R.S. 2477 right-of-way;

(2) a permit decision following notice under 11 AAC 51.100(e)(1) or (e)(2), on the basis that new construction or use of an easement will adversely affect the appellant's access or use, or that the easement's surveyed location is incorrect.

(b) The commissioner's decision on an appeal under 11 AAC 02 is the final administrative order and decision of the department for purposes of appeal to superior court.

History

Authority: AS 38.04.900; AS 38.05.035 AS 38.05.020; AS 44.37.011
Eff. 5/3/2001, Register 158

11 AAC 51.990 Definitions

As used in this chapter, unless the context requires otherwise,

(1) "access easement" means a public easement that is identified to allow access by the public, including access to private property by the owners of that private property and their invitees, and that may be used for any mode of transportation commonly employed for access purposes, subject to any restrictions noted on the plat, deed, recorded reservation, or other legally applicable document;

(2) "arterial road" means a road that is used primarily for traffic through and beyond the area, rather than for access to adjacent land;

(3) "commissioner" means the commissioner of natural resources;

(4) "department" means the Department of Natural Resources;

(5) "land estate" means any interest in land other than an interest reserved under AS 38.05.125;

(6) "mean high water line" means the tidal datum plane of the average of all the high tides, as would be established by the National Geodetic Survey, at any place subject to tidal influence;

(7) "navigable water" has the meaning given in AS 38.05.965;

(8) "neighborhood service road" means a road that is primarily for traffic within a residential area;

(9) "ordinary high water mark" means the mark along the bank or shore up to which the presence and action of the non-tidal water are so common and usual, and so long continued in all ordinary years, as to leave a natural line impressed on the bank or shore and indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics;

(10) "pedestrian easement" means an access easement that is identified for travel

(A) on foot;

(B) by a hand- or foot-propelled vehicle, including a wheelchair or bicycle; or

(11) "platting authority" means the applicable platting authority identified in AS 40.15.070;

(12) "public water" has the meaning given in AS 38.05.965;

(13) "R.S. 2477" means former 43 U.S.C. 932 (Act of July 26, 1866, 14 Stat. 251);

(14) "state highway system" or "Alaska highway system" means all roads constructed, managed, operated, or maintained by the Department of Transportation and Public Facilities;

(15) "state land" has the meaning given in AS 38.05.965; "state land"

(A) includes an interest in land that is owned by the state and managed under AS 38; and

(B) does not include Alaska mental health trust land as defined in 11 AAC 99.990 and managed under AS 37.14.009 and AS 38.05.801;

(16) "survey easement" means a public easement that the department identifies for access to a survey control station set by the United States, the department, or a private surveyor;

(17) "surveyor" means a professional land surveyor who is registered under AS 08.48 (Architects, Engineers, and Land Surveyors Registration Act);

(18) "utility easement" means a public easement that is identified for use by utility services, and not for public access unless the

(A) landowner gives permission for public access; or

(B) easement is also identified as an access easement;

(19) "vacate" means to relinquish, release, or extinguish a right or interest in property;

(20) "water body" means a natural, well-defined body of water;

(21) "waterway" means a natural, well-defined channel of water produced wholly or in part by a definite flow of water, whether continuous or intermittent.

History

Authority: AS 38.04.900; AS 38.05.035 AS 38.05.020; AS 38.05.127
Eff. 5/3/2001, Register 158

Chapter 53 Records, Surveys, and Platting

Article 1 Land Records System

11 AAC 53.010 Purpose

The purpose of secs. 10 - 50 of this chapter is to set forth the procedures of the land records system, which is responsible for recording and filing all actions affecting the status of state land.

History

Authority: AS 38.04.045; AS 38.05.020; AS 40.21.070 AS 38.04.900; AS 38.05.035; AS 40.25.120
Eff. 3/27/80, Register 73

11 AAC 53.020 Land records

Land records trace the history of all land status from acquisition to disposal and consist of the following:

(1) land status plats, which graphically portray all actions affecting state land and land in other ownership as required; these plats are for illustrative purposes only; the actual written documents remain the official record; there are two types of land status plats

(A) land estate plats, which portray land actions and transactions on the surface of a township; and

(B) mineral estate plats, which portray subsurface actions and transactions within a township; these plats may also show state tideland data;

(2) the historical index, which is a narrative summary of and an index to state land actions and transactions that affect the title to, disposition of, or use status of state land or state tentatively approved land within a township; and

(3) the serial register, which is a numerical index of land actions assigned division serial numbers.

History

Authority: AS 38.04.045; AS 38.05.035; AS 40.25.120 AS 38.04.900; AS 40.21.070 AS 38.05.020; AS 40.25.110
Eff. 3/27/80, Register 73

11 AAC 53.030 Record entries

(a) When an instrument is filed for incorporation into the land records system, it will be noted in the proper serial register, or in a new serial register, and will be made available for public inspection at the beginning of the next regular day of business after it has been noted.

(b) Actions requiring a change on the land status plat and historical index will be noted in a timely manner.

History

Authority: AS 38.04.045; AS 38.05.020; AS 40.21.070 AS 38.04.900; AS 38.05.035; AS 40.25.120
Eff. 3/27/80, Register 73

11 AAC 53.040 Availability

(a) Except as provided in sec. 50 of this chapter, any document produced and maintained in the division's land records system is available to the public for inspection and copying during regular business hours in accordance with AS 40.25.110.

(b) On request, the division will supply a certified true copy of any available document maintained in its land records system. A fee is charged for all copies in accordance with a fee schedule posted at each of the district offices of the division.

History

Authority: AS 38.04.045; AS 38.05.020; AS 40.25.110 AS 38.04.900; AS 38.05.035; AS 40.25.120
Eff. 3/27/80, Register 73

11 AAC 53.050 Confidentiality

Documents requested to be kept confidential under AS 38.05.035(a)(8) or required to be kept confidential under AS 40.25.120 are not available for inspection or copying.

History

Authority: AS 38.04.045; AS 38.05.020; AS 40.25.120 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

Article 2 Survey and Platting Standards

11 AAC 53.100 Applicability

Secs. 100 - 260of this chapter set out the minimum requirements applicable to surveys of state land. However, if the land is within a municipality whose survey ordinances are stricter than the provisions of secs. 100 - 260 of this chapter, the survey must be done in accordance with those stricter ordinances. If the municipality waives the requirements of its survey ordinances for a specific case, secs. 100 - 260 of this chapter are the only applicable requirements. The director may, at his sole discretion, waive any of the provisions of secs. 100 - 260 of this chapter not required by law, if he finds the circumstances warrant.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

11 AAC 53.110 General survey standards

All survey work must be accomplished with equipment and procedures sufficient to insure at least the degree of accuracy prescribed in this section for the class of survey required.

(1) Class I Surveys. This class of survey is for control surveys where accuracy greater than 1:10,000 is required. It is required by the division for, but is not limited to

(A) extension of the geodetic control from existing networks into areas where cadastral surveys are to be established in accordance with the official protraction diagrams; and

(B) establishing control survey networks to National Geodetic Survey accuracy.

(2) Class II Surveys. This class of survey is for urban areas where a municipal platting authority requires survey accuracy of at least 1:5,000, but less than that for Class I surveys.

(3) Class III Surveys. This class of survey is for rural areas where survey accuracy of at least 1:5,000 is required. It is required by the division for, but is not limited to, subdivision, open-to-entry, shore fishery development, tideland, and metes and bounds surveys.

(4) Class IV Surveys. This class of survey is for remote areas when a survey accuracy of at least 1:2,000 is required. It is required by the division for, but is not limited to, cadastral rectangular surveys.

(5) Class V Surveys. This class of survey is for general location surveys where accuracy of at least 1:500 is required. This class of survey is required by the division for, but is not limited to, cabin site and mineral claim locations.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

11 AAC 53.120 Technical survey standards

The technical standards in this section control specific survey procedures.

(1) Mean high tide

(A) in the case of unoccupied and unimproved tide and submerged lands not seaward of an incorporated municipality, the line of mean high tide must be determined in accordance with (B) - (D) of this subsection and used as the landward boundary; in the case of occupied and improved tide and submerged land, either the original meander line established before statehood of the line of mean high tide, whichever is the higher, must be reestablished or determined and used as the landward boundary line;

(B) for tideland surveys abutting any U.S. survey made after the date of statehood or in any location where no upland survey exists, the line of mean high tide must be determined by using National Geodetic Survey bench marks (or any other bench marks that have been established from that source), and the tide table datum; the upland boundary need not follow this line exactly, but may follow in a "meander" or "average" line of mean high tide; each end of the boundary must be established on the elevation of mean high tide;

(C) if no National Geodetic Survey bench mark exists within one mile of the property being surveyed, the surveyor may, by using the tide tables for the immediate body of water and applying tidal readings he has taken, determine the line of mean high tide; and

(D) in some cases, such as salt or mud flat areas where the average grade of the beach is one percent or less, and where determining the elevation of the line of mean high tide could create a lengthy horizontal distance, the director may nevertheless require that the true line of mean high tide be established using the procedures of (B) of this paragraph, regardless of the distance from a known bench mark.

(2) Ordinary High Water Mark. This is to be determined by observing and marking the place on the bank or shore up to which the presence and action of water are so prolonged as to impress on the bank or shore a character distinct from that of the bank or shore with respect to vegetation and the nature of the soil.

(3) Vertical Control. Vertical control must be established by utilizing National Geodetic Survey bench marks or tidal readings, in accordance with survey instructions issued by the division.

(4) Horizontal Control. The latitude and longitude positions, as established by the National Geodetic Survey, must be used to coordinate the survey to all other surveys in the area and to the rectangular cadastral survey in accordance with the class of accuracy assigned under sec. 110 of this chapter to the type of survey. If no such officially recognized horizontal control exists within two miles of a survey, the latitude and longitude may be derived from a set (or sets) of celestial observations. These observations must be done as set out in the Manual of Survey Instructions (1973) prepared by the United States Department of the Interior, Bureau of Land Management. If this is done, a true copy of the field notes and calculations of the observations must be presented to the division, together with the survey plat.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

11 AAC 53.130 Types of surveys

There are four general types of surveys: rectangular surveys, supplemental cadastral rectangular surveys, metes and bounds surveys, and municipal land selection surveys.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

11 AAC 53.140 Rectangular surveys

Rectangular surveys, including homesite surveys and public and private recreation site surveys, must adhere to Class III survey standards, unless the division authorizes the use of Class IV standards, and must follow the survey and platting requirements of this chapter. Survey or platting criteria unique to a particular survey will be set out in special survey instructions issued by the division.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

11 AAC 53.150 Supplemental cadastral rectangular surveys

(a) Supplemental cadastral rectangular surveys are divided into four categories, each of which is surveyed to Class IV standards. If from time to time the Bureau of Land Management, or other authority or agency, establishes procedures that differ from those set out in the four categories, the division will issue special survey instructions for the official positioning of monuments.

(1) Category I applies if no rectangular cadastral survey corners have been set to define the rectangular survey township perimeter. The township is, therefore, legally described only by reference to the official protraction diagrams. The section corner positions along the perimeter and within the interior of the township must be established at the official protracted geodetic positions as shown on the official protraction diagram.

(2) Category II applies if monumentation exists on the perimeter of a township that is officially platted. All subsequent section, quarter section, and other corner positions must be located along the perimeter on line and at prorated distances between the monumentation of record. All interior section corner positions must be established at the official geodetic positions as shown on the official protraction diagrams. The interior section lines along the exterior one mile of the township must then be established as a line connecting the established geodetic positions of the interior section corners and the section corner positions as established on the exterior of the township. Whenever interior correction lines have to be established, because the configuration of the township exterior is not established at the official protraction positions, the division will issue special survey instructions for the official positioning of the correction line and corner monument positions.

(3) Category III applies if the perimeter of the township has been established and monumented, based on the official protraction diagrams, and interior monumentation defining a particular section of land also exists, based on the official protraction diagrams. When this situation exists, a section of land may be located within the interior portion of the township by continuation of the rectangular survey system in accordance with the approved protraction diagrams, using either the monumented interior section corners or the exterior perimeter section corner monuments, whichever is more appropriate. The rectangular system is then projected to within one mile of the other previously established section corner monument. Then the line connecting the existing corner and the newly established section corners is made and the quarter corner is set at midpoint and on line. However, if the connecting line does not close within the survey class accuracy assigned, a correction line is required and the division will issue special survey instructions to govern its location.

(4) Category IV applies if the perimeter boundary of a township has been established and monumented, based on either an official protraction diagram or on an older perimeter boundary survey done before the official protraction diagrams were approved. It also applies when the interior section corners have been established and monumented, based on either an official protraction diagram or an older survey done before the official protraction diagrams were approved. There are two survey data to contend with, one that controls the exterior boundary of the township and one that controls the interior section corners. Both may be physically monumented on the ground. If two such data exist, the division will issue special survey instructions establishing a correction line to control the basis for projection of the rectangular survey system throughout the township. These special survey instructions will govern the interior subdivision of the township.

(b) The following survey and platting standards apply to supplemental cadastral rectangular surveys:

(1) For the west tier of sections in a township, the north-south center section line must be established at 2,640 feet west of the section corners, and the remaining distance to the west section corners must be as established by field measurements. The east half of the section is platted as aliquot parts, with the west portion being divided into two tracts. These tracts will be designated as Tract A and Tract B, with Tract A being to the north. However, if smaller units than the two Tracts A and B are to be surveyed and platted, the sixteenth section corner positions must be set at 1,320 feet west of the quarter section corner position. The east half of the west half is platted as aliquot parts, with the westerly remainder of the section then divided into four tracts, using the same alphabetical designation as above, with Tract A being to the north and Tract D to the south. Thus, the quarter corner must be at 2,640 feet from the east corner, and the sixteenth corner must be at 1,320 feet from the quarter corner. The only exception is if there is a platted distance call on an exterior township boundary plat. Then proration applies, based on the platted distance of an official survey and the existing field distance.

(2) For the north tier of sections in a township, the quarter corner positions must be established at half the distance and on line between the section corner positions. The sixteenth corner positions must be established thereafter at their respective midpoint positions. The entire section is then defined by aliquot parts.

(3) The only instance in which the east, north and south tiers of sections are not platted into aliquot parts is if the east, north or south section line has been established as a correction line. The tract designation, as in (b)(1) of this section, is then applicable, except that the northeastern tract will be designated Tract A and the alphabetical designation continued counterclockwise. Special survey instructions for the correction line will be issued by the division.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

11 AAC 53.160 Metes and bounds surveys

(a) Metes and bounds surveys must be surveyed to Class III standards, except that the division may authorize surveys to Class IV standards in certain instances. Survey or platting criteria unique to a particular type of survey will be set forth in special survey instructions issued by the division. For all metes and bounds surveys, both a preliminary plat and a final plat must be prepared in accordance with secs. 220 and 230 of this chapter. A "metes and bounds" property description must be shown on the plat. The description must begin at a monumented corner position and have an origin of bearing and distance call to an officially recognized monument that has a known relationship to the rectangular survey system. Both of these monuments must have a latitude and longitude established to an accuracy in keeping with the class of survey, with the latitude and longitude of one of them being called out in the property description. Metes and bounds surveys are used for tideland surveys, shore fishery development surveys, open-to-entry surveys, homesite surveys, public and private recreation site surveys, and certain municipal land selection surveys.

(b) The following are additional requirements for metes and bounds surveys of tidelands, shore fishery development sites, and open-to-entry sites:

(1) For a tideland survey, the line of mean high tide must be determined as in sec. 120(1) of this chapter, and the final plat must show the course of the shoreline for an additional 400 feet from each side of the survey.

(2) The applicant for a shore fishery development lease need not have an actual field survey. The applicant has the choice of submitting either a paper plat or a plat that represents an actual field survey. A preliminary plat must be submitted with his application. In the case of a conflict between a lease tract located by a paper plat and a lease tract located by an actual field survey, the field survey governs. If the applicant chooses an actual field survey, the line of mean high tide must be located as in (1) of this subsection. In addition, the final plat must show the lease number assigned by the division.

(3) For an open-to-entry parcel that was not surveyed before entry, a final survey plat and a surveyor's affidavit, attesting that all field work has been completed in accordance with this chapter, must be filed with the director before the expiration of the lease. The director shall approve or disapprove the survey within 30 days after receiving the final survey plat and affidavit. If the survey is disapproved, a field inspection of the survey will be made within 90 days after disapproval. If the field inspection verifies that all field work has been completed in accordance with division survey criteria, as shown on the final plat and as attested to on the surveyor's affidavit, the director may approve the survey. After approval, the final survey plat and the surveyor's affidavit must be filed for acceptance by the division. The survey and platting criteria established by the division, before May 4, 1978 are the criteria for surveying land entered upon before that date, and in such cases the following surveyor's affidavit must be presented with the open-to-entry plat and the field notes:

(surveyor's name)

I, . . . . . . . . , being first duly sworn, hereby depose and say that the following matters are true and correct to the best of my knowledge and belief:

I am properly registered and licensed to practice land surveying in the State of Alaska. The surveyor's field notes which are attached hereto and made a part hereof represent Alaska State Land Survey No . . . . . . . . , which was made by me or under my direct supervision.
All field work has been accomplished in accordance with AS 38.05.077 and with Division of Lands survey and plat criteria, as authorized by AS 38.05.077.
The monuments as shown on the field notes and as displayed on the plat of survey actually exist, and dimensions and other details are correct.

(date)

. . . . .

Date

(signature)

. . . . .

Registered Land Surveyor

(number)

NOTARY'S ACKNOWLEDGEMENT

Subscribed and sworn to before me this . . . . . . . . day of . . . . . . . . , 20 . . . . . . . .

(signature)

. . . . .

Notary for Alaska

(date)

My commission expires: . . . . . . . .

History

Authority: AS 38.04.045; AS 38.04.900; AS 38.05.020
Eff. 3/27/80, Register 73

11 AAC 53.170 Municipal land selection surveys

Any survey of a municipal land selection done to comply with AS 29.18.207(c) must meet the requirements of the following sections of this chapter, but is exempt from the remainder of the chapter:

(1) all of sec. 100, and all of sec. 110 except for (1), (2), and (5);

(2) all of sec. 120;

(3) all of sec. 150(a), except that for a Category I survey the municipality need monument only the exterior boundary of the selection; for a Category II survey the municipality need monument only interior lines of the township along the exterior boundary of the selection, and no further survey is required if the entire township or remainder is selected; for a Category III survey the municipality need monument only interior lines of the township along the exterior boundary of the selection that have not been previously monumented, and no further survey is required if the entire remainder of the township is selected;

(4) all of secs. 160(a), except that no preliminary plat is required; all of secs. 190(a), (b), and (d), 200, 210, 230, and 240;

(5) all of sec. 300, except for the first paragraph, in lieu of which the following applies: all easements and rights-of-way of record, as well as those being dedicated, must be shown on the plat, but need not be surveyed; except as otherwise provided by law, easements reserved under this section are vested in the public; easements and rights-of-way of at least the widths listed in this section must be dedicated and shown on the plat;

(6) sec. 350(a)(1) and (a)(2) will apply only if management authority for the easement has not been transferred to the municipality; the director may not require that easements reserved under sec. 330 of this chapter be surveyed, but they must be shown on the plat;

(7) all applicable portions of sec. 500.

History

Authority: AS 29.18.207; AS 38.04.050; AS 38.05.020 AS 29.18.212; AS 38.04.055; AS 38.05.127 AS 38.04.045; AS 38.04.900
Eff. 3/27/80, Register 73

11 AAC 53.180 Deposit for survey costs

At the discretion of the director, for a parcel that is unsurveyed at the time of entry, the applicant may be allowed to deposit with the division the plat review and filing fees prescribed by 11 AAC 05.240, plus an amount estimated by the division as sufficient to cover the cost of surveying the parcel. The division will then be responsible for surveying the parcel and preparing the plat before the expiration of any time limits imposed by law. If the amount of money deposited by the applicant for the survey costs is not sufficient to cover the division's actual survey and plat preparation costs, the division will require the applicant to pay the remaining costs before it passes title to the applicant. If the amount of money deposited for the survey costs exceeds the division's actual survey and plat preparation costs, the division will refund the excess money to the applicant.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 53.190 Monuments

(a) Primary monuments must be established for surveys as set forth in this subsection. A primary monument must consist of a minimum two-inch diameter metal pipe, at least 30 inches long, with a minimum four-inch flange at the bottom. A minimum two-and-one-half-inch diameter metal cap must be permanently attached at the top. If both the cap and the pipe are of nonferrous metal, then additives with magnetic qualities must be permanently attached at both the top and bottom of the monument. Every primary monument cap must be permanently stamped with the year set, the surveyor's registration number, and the corner identification. This data must be orientated so that the data may be read when the reader is facing north. Monuments and accessories found in a disturbed condition must be returned to the original position and condition as nearly as possible or replaced so as to perpetuate the position.

(1) Every survey must have a minimum of four primary monuments set or recovered within the bounds of the survey.

(2) No portion of a survey or subdivision may be more than 1,320 feet from a primary monument.

(3) All angle points along an exterior survey boundary must have a primary monument.

(4) Primary monuments along an exterior boundary may not be situated more than 1,320 feet apart.

(5) If adjacent exterior boundary monuments are not intervisible, then an intermediate primary monument that is intervisible must be set.

(6) If an exterior boundary line is less than 2,640 feet but more than 1,320 feet long, then the intermediate primary monument must be set as close to the midpoint as practical.

(7) If the point for a primary monument is in a place that would be impractical to monument because of natural obstacles such as water bodies, a witness corner must be set. The witness distance must be shown on the plat of survey, from the existing monument, as set, to the true corner position. Witness corners must always be set on a survey property line and at a distance considered reasonable and practical from the true corner point. Witness corners must comply with the standards for primary monuments.

(8) If it is impractical to set the primary monument, one of the following may be substituted, with monument accessories as required in sec. 200 of this chapter:

(A) a cross marked in a firm stone;

(B) a cap grouted into a firm stone; or

(b) Secondary monuments must be used for property line curvature control, at interior angle points, and on interior lines that exceed 1,320 feet in length and are not monumented with primary monuments. Secondary monuments must consist of at least a five-eighths-inch metal rod, three feet long, with a one-and-one-half-inch cap attached at the top.

(c) All other corners within the interior of a subdivision must be marked with reinforcing rods or iron pipes, or in a manner prescribed by the platting authority having jurisdiction.

(d) The director may approve the use of monuments and accessories other than as required by this section and sec. 200 of this chapter, upon finding that specific field conditions so warrant.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

11 AAC 53.200 Monument accessories

(a) All primary monuments must be referenced to at least three bearing trees or objects surveyed to a Class IV survey standard, or two reference monuments surveyed to a Class III survey standard.

(1) If bearing trees or objects are used, they must be located as nearly as possible at equal angles, and may not be farther away than 100 feet from the monument. Reference monuments must be used if no suitable object exists within 100 feet. The distance to trees or objects must be measured at waist height, and in the case of trees, measured to the center of the tree, with distances reduced to a horizontal equivalent. Bearing trees must be marked with nonferrous metal tags of at least nine square inches in size, which must be placed facing the monument. These tags must be clearly and permanently marked as to the corner nomenclature and distance.

(2) If reference monuments are necessary, two must be used, and they must meet the secondary monument standards of sec. 190(b) of this chapter. These monuments must be placed on a property line or at right angles to the monument being referenced and may not be farther than 100 feet from the monument being referenced. In addition, they must be marked with the nomenclature and distance to the monument being referenced.

(b) In addition to the accessories required in (a) of this section, witness posts, a minimum size of a nominal two-by-four, six feet long, with four feet protruding above ground, are required for all primary monuments. They must be set at right angles to the line and no farther than one foot from the monument.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 38.05.035
Eff. 3/27/80, Register 73

11 AAC 53.210 General plat standards

All plats that are presented to or prepared by the division, with the exception of those types of surveys requiring specific data, as defined within the individual category, must conform to these basic standards unless prior approval for the change has been granted by the director or it is necessary to comply with the standards of the municipal platting authority.

(1) The base sheets must be of good quality linen or mylar at least three mils thick, and be one of three standard sizes: 18 inches by 24 inches, 22 inches by 36 inches, or 31 1/2 inches by 34 inches. There are no exceptions to the standard size requirement.

(2) The sheets must have the official division title block and border configuration.

(3) All line work must be in the appropriate black drafting ink.

(4) All lettering on the plat must be in the appropriate black ink and be accomplished with mechanical lettering equipment.

(5) All line work and lettering must be of professional quality and all line widths and lettering sizes must be of such size that all information can be clearly shown without overlap or confusion.

(6) When more than one sheet is required, an index sheet must be added showing the entire parcel, with the sheets in numerical order, and each sheet showing the sheet number and total number. When more than one sheet is submitted, only the last need have the approval certificates, but all sheets must be the same size.

(7) The scale must be one inch representing 100 feet unless a request for the use of another scale is approved by the director.

(8) Details, as necessary, must be shown at an appropriate scale.

(9) The plat must have a vicinity map, with a scale of one inch representing one mile in the upper righthand corner, showing sections, townships and ranges, boundaries such as national forest or municipal boundaries, and other prominent physical or natural features such as roads, lakes, or rivers. The source of the base map used must also be indicated.

(10) Nomenclature of the survey need appear in the title block only, unless the division specifically states otherwise.

(11) The basis of bearings and the origin of geographic coordinates must be shown. Bearings shown must be true bearings, and distances shown must be in the foot unit reduced to the true horizontal equivalent, or, at the director's discretion, in the metric unit reduced to the true horizontal equivalent.

(12) Bearings and distances must be shown within the accuracy commensurate with the class of survey being represented. However, plats of Class IV surveys must indicate bearings rounded to the nearest 15 seconds of arc and distances rounded to a tenth of a foot or to one-half decimeter, as appropriate.

(13) In compliance with P.L. 94-168, entitled "Metric Conversion Act 1975," a metric bar scale must be shown on the plat, positioned directly above the title block.

(A) The foot scale must be identical to that used in the survey portion of the plat, with the metric scale adjusted accordingly. Two equations must also be shown: 1 meter = 3.280833 U.S. survey feet, and 1 U.S. acre = 0.4047 hectare. Universal Transverse Mercator (U.T.M.) coordinates must be shown at the position control point of the survey, with the delta alpha and zone number shown directly below. The division will provide these values on request.

(B) A second set of U.T.M. coordinate values must be shown where the basis of bearing is ascertained. The grid U.T.M. bearing must appear on the plat, in parentheses, together with the true bearing, and be labeled as such. On request, the division will compute this information from field data.

(D) The following note must be added to the plat. "The U.T.M. and metric data is being shown hereon for information purposes only."

(14) An official division legend showing monuments recovered and set for the survey, as well as other monuments used, must be shown.

(15) The date of plat preparation and standard north arrow must be shown.

(16) Certificates must be shown substantially as follows, with the headings capitalized and underlined:

CERTIFICATE OF CLAIMANT (as applicable)I (we) hereby certify that I am (we are) the legal claimant(s) of the

property shown hereon and that I (we) hereby approve this plat of

survey.(date) . . . . . , 20 . . . . . . . . DateWitnessed by:

(signature in black ink)(signature in black ink) . . . . . . . . . . WitnessOwner(signature in black ink)(signature in black ink) . . . . . . . . . . NOTARY'S ACKNOWLEDGEMENTSubscribed and sworn to before me this . . . . . . . . day of . . . . . . . . , 20 . . . . . . . . (signature in black ink) . . . . . Notary for Alaska(date)My commission expires: . . . . . OWNERSHIP CERTIFICATE (all plats)I, the undersigned, hereby certify that I am the director, Alaska(name of

parcel)Division of Lands, and that the State of Alaska is owner of . . . . . . . . , as

shown hereon. I hereby approve this survey and plat for the State of

Alaska.(date)(signature in black ink) . . . . . . . . . . DateDirector

Alaska Division of

LandsNOTARY ACKNOWLEDGEMENT

Subscribed and sworn to before me this . . . . . . . . day of . . . . . . . . , 20 . . . . . . . . (signature in black ink) . . . . . Notary for Alaska(date)My commission expires: . . . . . SURVEYOR'S CERTIFICATE (all plats)

I hereby certify that I am properly registered and licensed to

practice land surveying in the State of Alaska, that this plat

represents a survey made by me or under my direct supervision,

that the monuments shown hereon actually exist as described,

and that all dimensions and other details are correct.

(date)(number) Date . . . . . Registration Number . . . . . (surveyor's seal)(signature in black ink) . . . . . Registered Land SurveyorDEDICATION OF EASEMENTS, PUBLIC UTILITIES AND

RIGHTS OF WAY (as applicable)

I hereby dedicate for public or private use, as noted, all easements,

public utility areas, and rights-of-way as shown and described

hereon.(date)(signature in black ink)Date . . . . . . . . . . Director

Alaska Division of

Lands

SECTION LINE EASEMENT VACATION CERTIFICATE

(as applicable)

Approval Recommendation

State of Alaska Department of Transportation and Public Facilities

The vacation statement, as shown hereon, has been reviewed by the

District Office and is hereby recommended for approval by the

Commissioner.

(signature in black ink)Recommended by: . . . . .

(date)Date . . . . . (title)Title: . . . . . State of Alaska Division of LandsThe vacation statement, as shown hereon, has been reviewed by the

Division of Lands and is hereby recommended for approval by the

Commissioner.(signature in black ink)Recommended by: . . . . .

(date)Date . . . . . (title)Title: . . . . .

The State of Alaska, acting by and through the Commissioner of the

Department of Natural Resources and the Commissioner of the

Department of Transportation and Public Facilities, does hereby

state and declare that the State of Alaska vacates and releases all

rights and title to any and all portions of section line easements for

public highways reserved to it under AS 19.10.010 (specific area

delineated on attached plat).(date)Approved: . . . . . Date: . . . . .

(signature in black ink) . . . . . CommissionerDepartment of Transportation and Public Facilities(date)Approved: . . . . . Date: . . . . .

(signature in black ink) . . . . . CommissionerDepartment of Natural Resources

LESSEE CERTIFICATE(S) (as applicable)I (we), the undersigned, hereby certify that I am (we are) the

lessee(s) as shown hereon. I (we) hereby approve this survey and

plat.

(number)(number)ADL No. . . . . . Tract . . . . . (signature in black ink)(date) . . . . . Date . . . . . (name - same as signature)(number)(number)ADL No. . . . . . Tract . . . . . (signature in black ink)(date) . . . . . Date . . . . . (name - same as signature)

NOTARY'S ACKNOWLEDGEMENT

Subscribed and sworn to before me this . . . . . . . . day of . . . . . . . . , 20 . . . . . . . .

(signature in black ink) . . . . . Notary for Alaska(date)My commission expires: . . . . .

APPROVAL CERTIFICATE (as applicable)This plat has been reviewed and found to be in compliance with

applicable provisions of law, and is hereby approved.

(date)(signature in black ink) . . . . . . . . . . DateDirector

Alaska Division of Lands

(17) Certificates that are required by a municipal platting authority must be shown.

History

Authority: AS 38.04.045; AS 38.04.900; AS 38.05.020
Eff. 3/27/80, Register 73

11 AAC 53.220 Preliminary plat standards

In specific instances, the director may require or waive the requirement for a preliminary plat. The purpose of the preliminary plat is to afford an opportunity to receive preliminary review of an intended survey and prevent unnecessary expenditure of money and time that would occur if major changes were required after final platting. Conditional approval of the preliminary plat does not constitute approval of the final plat. Rather, it is an expression of approval as a guide to preparation of the final plat. The following are minimum standards for the preliminary plat:

(1) The format of the preliminary plat must comply with the general plat standards as set forth in sec. 210 of this chapter.

(2) A property description of the location, including latitude and longitude to an accuracy commensurate with the class of survey, must be shown at one monumented corner of the survey; the total acres of the area to be surveyed must be shown.

(3) The name and address of occupant or applicant must be shown.

(4) If the preliminary plat is prepared by a land surveyor, the surveyor's seal must be properly affixed and signed.

(5) As applicable, the locations of fill material, existing permanent buildings or other structures within the parcel, existing utility lines, mean high and mean low tide lines, and other permanent features, such as section lines and municipal or corporation boundaries within the parcel, must be shown on the plat. All roads inside or within 200 feet of the parcel also must be shown. The director may require that the approximate grades of roads, general topography, preliminary lot configuration, and the proposed location of common areas be shown.

(6) The names of adjacent owners or claimants, or an indication that the land is not owned or claimed, adjacent U.S. surveys, private surveys or subdivisions, and Alaska state land surveys must be shown.

(7) The original or a good quality reproducible of the preliminary plat must be submitted to the division for review, with five blackline or blueline prints.

(8) Applicable certification as required by sec. 210(16) and (17) of this chapter must be shown, but should not be signed or notarized.

History

Authority: AS 08.48.221; AS 38.04.900 AS 38.04.045; AS 38.05.020
Eff. 3/27/80, Register 73

11 AAC 53.230 Final plat standards

(a) All final plats must conform to the general plat standards stated in sec. 210 of this chapter, and in addition must

(1) have the notary's seal and surveyor's seal properly affixed;

(2) be presented to the division with the original or a good quality reproducible mylar with five blackline prints;

(3) have the original or reproducible and all prints with all original signatures in all of the required places and in black ink only; and

(4) after final approval by the division and by a municipal platting authority, if applicable, be submitted to the district recorder's office for the recording district within which the land surveyed lies, for official filing; if the land surveyed lies in more than one recording district, the plat must be submitted to each for filing.

(b) After filing, the official filing data must be affixed to the plat bearing original signatures, and becomes a part of it. The division will retain the plat bearing original signatures and official filing data. It will send a duplicate original to the municipal platting authority having jurisdiction.

History

Authority: AS 08.48.221; AS 38.04.900; AS 40.15.010 AS 38.04.045; AS 38.05.020
Eff. 3/27/80, Register 73

11 AAC 53.240 Technical appeals

(a) Before giving technical approval to a plat of survey prepared for the division, the director shall attempt to give written notice to all persons owning land bordering on the survey, stating that he proposes to accept the survey and plat and that the adjacent landowner may review the plat and file a written technical appeal within 30 days after the notice is mailed. If no technical appeal is filed, the director shall accept the plat.

(b) If a technical appeal is filed in writing with the division, the director may, at his discretion, hold a technical hearing with the appellant. After the hearing is held, the director may allow the appellant 15 days to hire an independent professional surveyor, at the appellant's expense, to review the plat and survey data and submit written technical reasons why the division should not approve the survey. The director may thereafter, at his discretion, accept or reject the survey.

History

Authority: AS 38.04.045; AS 38.04.900; AS 38.05.020
Eff. 3/27/80, Register 73

11 AAC 53.250 Replats and vacations

Repealed.

History

Eff. 6/16/72, Register 42; am 3/27/80, Register 73; am 1/1/86, Register 96; repealed 7/5/2001, Register 159

11 AAC 53.260 Amended plat

If a technical error is detected on an officially filed plat, and if the commissioner determines that the error's correction will not adversely affect any valid existing right, the following correction procedure may be used in place of the replat procedure of 11 AAC 53.730:

(1) immediately above the title block on the original filed plat, the statement "Amended Plat" must be placed in bold letters;

(2) repealed 7/5/2001;

(3) the following separate certification must be prepared and presented with the original amended plat to the appropriate district recorder's office for filing:

CERTIFICATION

Name of plat, subdivision: . . . . .

The above-referenced subdivision plat as filed in the . . . . . . . . . . . . . . . . . . . recording office under plat file number . . . . . has been revised as follows:

. . . . .

(revision)

The above revision constitutes the sole change made to the plat aside from the notation above the title block on the plat. The above revision does not affect any valid existing rights. I am therefore submitting this plat for refiling as corrected.

Date . . . . . . . . . . . . . . . . . . . Registration Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(surveyor's seal)

(signature in black ink)

. . . . . . . .

Registered Land Surveyor

(4) a true and certified blueline copy of the filed amended plat and a copy of the recorded certification must be submitted to the department within 14 days after filing and recording. The copy of the certification must be made by a mechanical reproduction process that produces a permanent copy.

History

Authority: AS 38.04.045; AS 38.05.020; AS 40.15.370 AS 38.04.900; AS 40.15.305
Eff. 3/27/80, Register 73; am 7/5/2001, Register 159

Eff. 12/29/77, Register 64; repealed 5/3/2001, Register 158

Article 4 Subdivision Development Standards

11 AAC 53.400 Subdivision development standards

Secs. 400 - 450of this chapter set out the minimum subdivision development standards that are applicable to state land subdivided by the division. However, if the land is within a municipality whose subdivision ordinances are stricter than the provisions of secs. 400 - 450 of this chapter, the subdivision must be done in accordance with those stricter ordinances, except any ordinance relating to construction of access roads or capital improvements.

History

Authority: AS 29.33.150(b)AS 38.04.050 AS 38.04.045; AS 38.04.900
Eff. 3/27/80, Register 73

11 AAC 53.410 Subdivision

Within third-class boroughs and the unorganized borough, a quarter-quarter section, or other aliquot part division containing approximately 40 acres, is the smallest parcel that may be created by aliquot parts without the preparation of a plat. The director shall determine, on a case-by-case basis, the maximum parcel size for disposal that may be created from existing data on a paper plat.

History

Authority: AS 38.04.045; AS 38.04.900; AS 38.05.020
Eff. 3/27/80, Register 73

11 AAC 53.420 Access

(a) Legal access must be provided to the subdivision. At the director's discretion, physical access may be constructed, including roads, trails, airfields, and docks which will be constructed to standards established by the division for the type of facility needed.

(b) Where appropriate, the director may contract for the construction of subdivision access roads with payment to be made in land credit certificates issued by the division.

(1) Certificates will be issued in denominations of $1,000, $500, $100 and $10.

(2) Certificates are assignable. The assignment becomes effective immediately upon acknowledgement by the division.

(3) Certificates may be used for application fees of all types, including applications for uplands, timber, coal, oil and gas, and mining. They may be used for the payment of rentals, principal payments on purchase contracts, accrued interest, bonuses, royalties, material contracts, bonds required under material sales contracts, stumpage charges, and to offset the cost of plats prepared by the division. Land credit certificates will not be accepted for oil and gas bonds, mining lease bonds, or timber contract bonds, nor may they be used to cover the cost of or deposits for survey or advertising.

History

Authority: AS 19.30.100; AS 38.04.050; AS 38.04.900 AS 38.04.045; AS 38.04.055; AS 38.05.020
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 3/27/80, Register 73

11 AAC 53.430 Sewer and water systems

(a) The subdivision's sewer and water systems, whether on-site, community, or public, must comply with the requirements of the Department of Environmental Conservation in 18 AAC 70 and 72.

(b) If land subdivided by the division is not suitable for on-site sewer or water systems, the director may contract to construct a community sewer or water system meeting the requirements of the Department of Environmental Conservation or the local platting authority, or to tie into a public sewer or water system. Costs will be prorated among the disposal parcels in the subdivision on the basis of acreage in each parcel or road frontage, whichever is more equitable.

History

Authority: AS 38.04.045; AS 38.04.900; AS 38.05.020
Eff. 3/27/80, Register 73

11 AAC 53.440 Utility easements

(a) The director shall consult with the utility companies in whose service area the subdivision lies to insure that the utility easements reserved are of adequate width.

(b) If no utility company presently provides service to the area, a utility easement 20 feet wide must be reserved to allow future service to each parcel.

History

Authority: AS 38.04.050; AS 38.04.900; AS 38.05.020
Eff. 3/27/80, Register 73

11 AAC 53.450 Buffer strips, reserved areas, and public easements

(a) When the division subdivides land adjacent to a highway that is part of the state's primary or secondary road system, a strip of land having a common boundary with the highway right-of-way must be reserved and retained in public ownership as a buffer strip. The width will be approximately 300 feet, measuring outward from the boundary of the right-of-way, but the director may require that a wider or narrower buffer strip be reserved, depending on vegetative cover, the view from the roadway, topography, highway noise levels, expected future needs for additional transportation facilities, or other relevant factors. However, no buffer strip need be reserved if

(1) the parcel being disposed of is an isolated one already surrounded by private land cleared and developed to the right-of-way, so that no reasonably continuous buffer strip is feasible; or

(2) existing land use on adjacent parcels, or existing land use policy as set forth in a local comprehensive plan or a land use plan prepared by the division, clearly indicates that retaining a buffer strip is unnecessary or undesirable.

(b) The director may dedicate open space, parks, trails, or recreation areas in the plat of a residential subdivision and will base the amount of land to be dedicated on the proposed population density of the subdivision. Land dedicated under this subsection must be reasonably adaptable to active park and recreation uses and must be in a location convenient to the subdivision's residents. Factors the director must use in evaluating the adequacy of the proposed open space, park, trail, or recreation area include size, shape, topography, geology, tree cover, access, and location.

(c) As required by sec. 330 of this chapter, the director shall reserve public access easements to and along navigable or public water when the division subdivides land adjacent to or containing the water. In addition, if the water is coastal or if it has or is likely to have substantial present or future public use, the director shall either retain in public ownership a strip of land along the mean high water line or ordinary high water mark, or state in the preliminary written decision referred to in sec. 310 of this chapter why retaining the strip of land is not in the public interest. In determining whether the water has or is likely to have substantial present or future public use, the director shall consider information received under secs. 310(b) and 330(d) of this chapter. The strip of land must be at least 50 feet wide, but may be wider, or wider at periodic points, if appropriate because of floodplain width, bank characteristics, size of the water body, extent of present or expected future public use, the need for campsites, and other relevant factors. The strip of land must be of sufficient width to allow for public access as well as to screen the subdivision, where possible, with an undisturbed strip of vegetation.

History

Authority: AS 38.04.005; AS 38.04.055; AS 38.05.127 AS 38.04.015; AS 38.04.900 AS 38.04.045; AS 38.05.020
Eff. 3/27/80, Register 80

Article 5 Platting Authority in the Unorganized Borough

11 AAC 53.600 Purpose

The purpose of 11 AAC 53.600 - 11 AAC 53.740 is to implement AS 40.15.300 - 40.15.380, when the department is the platting authority under AS 40.15.070.

History

Authority: AS 40.15.370
Eff. 7/5/2001, Register 159

11 AAC 53.610 Applicability

(a) The provisions of AS 40.15.300 - AS 40.15.380 do not apply to the following:

(1) a subdivision that creates parcels for the purpose of transferring a leasehold interest is exempt, if

(A) each individual parcel is identified with the words "lease parcel" and the parcel number; and

(B) the following note is shown on the plat:

This subdivision plat is not subject to the Department of Natural Resources' platting authority approval because of AS 40.15.360(1), which exempts leasehold parcels. Title to the leasehold parcels depicted on this plat may not be conveyed until the plat has been approved by the appropriate platting authority in accordance with AS 40.15.010.

(2) disposing of land by aliquot-part descriptions in accordance with AS 40.15.360(2); for the purposes of AS 40.15.360(2), a surveyed section is a section of which each section and quarter-section corner on the exterior boundary of the section or fractional section has been monumented and documented by a plat of record;

(3) plats that are exempt under AS 40.15.900(5)(B), if they are approved or accepted by the plat approval authority of the United States Department of Interior, Bureau of Land Management;

(4) surveys approved by the United States Department of Interior, Bureau of Land Management of parcels to be conveyed under 43 U.S.C. 1613(c) (sec. 14(c) of the Alaska Native Claims Settlement Act) if, when they are sent to the appropriate district recorder's office, they are accompanied by a Bureau of Land Management approval document, such as a "Notice of Compliance" that is signed by the plat approval authority of the Bureau of Land Management.

(b) If title to an Alaska Native allotment parcel made under former 43 U.S.C. 270 - 270-3 (Native Allotment Act of May 17, 1906, 34 Stat. 197, as amended) is held in restricted status when the subdivision of the allotment is approved, a title status report approved under 25 C.F.R. 150 by the United States Department of Interior, Bureau of Indian Affairs will be accepted in lieu of a certificate to plat required by 11 AAC 53.620(a)(3). The department will be the last signatory on the plat and will record the plat at the subdivider's expense.

History

Authority: AS 40.15.360; AS 40.15.370; AS 40.15.900
Eff. 7/5/2001, Register 159

11 AAC 53.620 Submittal

(a) Plats submitted to the department under AS 40.15.305 must include the following:

(1) two full-size paper copies of the plat;

(2) plat review fees required by 11 AAC 05.240;

(3) a certificate to plat that

(A) is prepared by a title company;

(B) shows the names of the owners of record, and all encumbrances affecting the parent parcel; and

(4) supporting documents, including

(A) deeds or plats that created the parent parcel; and

(B) documentation of access to and easements within the parent parcel as required by 11 AAC 53.630 or other applicable law;

(5) a lot summary for each parcel in the subdivision.

(b) The 45-day review period required by AS 40.15.305(d) for plat approval begins when the department receives all items required by (a) of this section.

History

Authority: AS 40.15.305; AS 40.15.370
Eff. 7/5/2001, Register 159; am 7/1/2018, Register 227

11 AAC 53.630 Legal access

A plat will not be approved under AS 40.15.305 unless the

(1) plat clearly shows how access is provided to the subdivision and to each lot within the subdivision;

(2) subdivider provides to the department documentation verifying the existence of public access rights from the subdivision to a road system, public airport, or navigable water body; documentation must be in the form of a plat of record, recorded easement, or reservation; if documentation does not exist, the subdivider may provide documentation that demonstrates that a provision of state or federal law otherwise provides public access rights to the subdivision; and

(3) subdivider obtains written comments regarding utility easements within the subdivision from utility companies that serve the subdivision.

History

Authority: AS 40.15.300; AS 40.15.330; AS 40.15.370
Eff. 7/5/2001, Register 159

11 AAC 53.640 Dedication to public

(a) Each right-of-way, easement, or other public area shown on the plat is dedicated to public use under AS 40.15.030. By a note or certificate on the plat, the department will accept a dedication under AS 40.15.030. Acceptance for public use does not obligate the department, any governing body, or the public to construct, operate, maintain, or manage improvements.

(b) Rights-of-way must be dedicated for access to all lots within the subdivision. Dedications must be sufficient to carry all traffic generated by the subdivision and projected to travel through it and must be sufficient to provide for the maneuvering of emergency vehicles.

(c) This subsection applies to a public right-of-way or easement the department acquires by dedication and acceptance under this section. An owner of land within a platted subdivision is not required to obtain a permit from the department under 11 AAC 96 in order to

(1) design, build, sign, and maintain a public road on the public right-of-way or easement;

(2) allow the installation of public utilities on, over, or under the public right-of-way or easement, if they do not impair public access; or

(3) install customary private appurtenances, including a driveway, culvert, mailbox, and address signpost, if they do not impair public access on the public right-of-way or easement.

(d) The provisions of (c) of this section do not

(1) apply to a public right-of-way or easement that the department

(A) reserves when the department subdivides state land; or

(B) acquires by any means other than by the exercise of the department's platting authority; or

(2) waive either the permit requirements of another agency or any requirement of the department other than the permit requirements of 11 AAC 96.

History

Authority: AS 40.15.030; AS 40.15.300; AS 40.15.370
Eff. 7/5/2001, Register 159

11 AAC 53.650 Acquisition plats

The acquisition of a right-of-way or easement that does not divide a tract or parcel of land into two or more lots is exempt from 11 AAC 53.600 - 11 AAC 53.730.

History

Authority: AS 40.15.370; AS 40.15.380
Eff. 7/5/2001, Register 159

11 AAC 53.660 Amended plats

Amending of plats must be done in conformance with 11 AAC 53.260 and requires approval of the department under that section.

History

Authority: AS 40.15.330; AS 40.15.370
Eff. 7/5/2001, Register 159

11 AAC 53.670 Field standards

(a) The surveyor shall use closed traverse or other generally accepted field survey procedures to verify that the survey achieves the required degree of accuracy.

(b) The error of closure of field survey traverses may not exceed 1:5000.

(c) For subdivisions that are bounded by the mean high water line or the ordinary high water line of navigable or public waters, the boundary must be determined as set out in 11 AAC 53.120.

(d) After subdivision of the parent parcel, an unsurveyed remainder will be allowed if the remaining parcel is 40 acres or larger.

History

Authority: AS 40.15.370
Eff. 7/5/2001, Register 159

11 AAC 53.680 Monumentation requirements

(a) In a subdivision with five or fewer lots, the monuments required to be established at controlling exterior corners include each angle point, each point of curvature, and any point on the subdivision exterior boundary that is more than 1,320 feet from a monument. Each monument at each controlling exterior corner must consist of a minimum 5/8-inch by 24-inch rebar with a minimum two-inch diameter aluminum cap. For monuments that are

(1) set by a survey under this subsection,

(A) the surveyor shall stamp the cap with the corner identification, year set, and surveyor's registration number, and shall orient this information so that it may be read when the reader is facing north; and

(B) if both the cap and the pipe are nonferrous metal, the surveyor shall permanently attach additives with magnetic qualities at both the top and bottom of the monument; or

(2) recovered, the surveyor shall

(A) certify that the existence of controlling exterior corners of the subdivision has been established in the field; and

(B) show the current condition, description, and markings of all recovered monuments.

(b) In a subdivision of more than five lots, each corner to be monumented must include each angle point and each point of curvature in the boundary of each lot in the subdivision. The surveyor shall monument each interior corner with a minimum 5/8-inch by 24-inch rebar with a plastic or aluminum cap bearing the surveyor's registration number.

(c) A surveyor who finds monuments and accessories in a disturbed condition shall make sufficient ties to existing monuments of record to properly control the field location of the parent parcel boundaries. The surveyor shall return disturbed monuments and accessories to the original position and condition as nearly as possible or replace them so as to perpetuate the position.

History

Authority: AS 40.15.320; AS 40.15.370; AS 40.15.380
Eff. 7/5/2001, Register 159

11 AAC 53.690 Plat standards under AS 40.15.300 - 40.15.380

(a) The final subdivision plat must be clearly and legibly drawn to scale upon good-quality polyester film of Dupont Mylar or equivalent quality. Lines, letters, figures, certifications, acknowledgments, and signatures must be clear and legible. When filed, the plat must be in a condition that permits legible prints and negatives to be made from it for purposes of microfilming survey plats. Lines must be dense black, of consistent widths, and of recognizable width variations. A minimum size 00 pen or size leroy 80 or equivalent mechanical lettering and numbering template may be used for easement lines, details, and notes. Size 80 lettering must be uppercase. Sheets must be 18 inches by 24 inches, or 24 inches by 36 inches in size. Margin lines must be placed so as to leave a one-half inch margin on each of the three sides and a one and one-half-inch margin on the binding side.

(b) If more than two sheets are required, an index map must be provided on the first sheet showing the entire subdivision and indicating the portion contained on each sheet. If more than one sheet is submitted, each sheet must be the same size. If more than one sheet must be used to accurately portray the lands subdivided, each sheet must show the particular number of that sheet and the total number of sheets included, and must show clearly labeled match lines to show where other sheets adjoin. All certificates must appear on the first or last sheet.

(c) A scale of one inch equals multiples of 10 feet or of 100 feet must be used. The scale used must be both clearly stated and graphically illustrated by a bar scale drawn on every sheet showing any portion of the land subdivided.

(d) A title block in the lower right corner of each sheet must show

(1) the name by which the subdivision may be legally known;

(2) a property description of the parent parcel showing the protracted or surveyed section, township and range, meridian, and total area in acres of the proposed subdivision;

(3) the name and address of the registered land surveyor preparing the plat;

(4) the plat scale;

(5) the date of survey and date of plat preparation;

(6) the recording district; and

(7) the platting authority (PA) number assigned by the department.

(e) The name of the subdivision must be shown in bold letters. The subdivision name must be unique and must not be so similar to any name appearing on any recorded plat in the same recording district as to reasonably lead to confusion as to the legal identity of the subdivision. If the department determines that a subdivision name submitted does not comply with this subsection, the department will notify the applicant that the name must be changed in order for the plat to be approved.

(f) The plat must have a vicinity map, a minimum of four inches by four inches, in the upper right-hand corner. The source and year of the base map used must be indicated. The vicinity map must show

(1) sections;

(2) townships and ranges;

(3) any boundaries, including national forest and municipal boundaries; and

(4) prominent physical or natural features, including roads, lakes, or rivers.

(g) The plat must include the standard department legend, available on a form provided by the department, with the applicable symbols showing monuments recovered and set for the survey, as well as other monuments used. For purposes of this subsection, the standard department legend form, revised as of June 6, 2000, is adopted by reference.

(h) Each sheet of the plat must depict a standard north arrow showing magnetic declination with source and date.

(i) The basis of bearing must be clearly labeled within the graphics on the plat.

(j) Sufficient survey data must be shown to positively describe the bounds of each lot, block, street, easement, and other area shown on the plat, as well as the outer boundaries of the lands subdivided. Record and measured data must be shown between all found and set monuments, with a listing of the sources of the record data. A complete description of monuments recovered and set must be shown on the plat.

(k) Each linear measurement must be shown at least to the nearest 1/100th foot, and each angular measurement must be shown at least to the nearest 30 seconds. Each lot area must be shown to the nearest 10 square feet or to the nearest 1/100th of total acres.

(l) For each line affected, curve data must be stated in terms of radius, central angle, and length of curve. However, curve data for streets of uniform width may be shown only with reference to the centerline, and lots fronting on those curves need show only the length of curve or of that portion of the curve that is included in their boundary. Lines intersecting curves must be labeled as "radial" or "non-radial."

(m) If any lot or portion of the subdivision is bounded by a water body, and if a major discrepancy is clearly discernible between the current and record meander lines, both the current and record meander lines must be shown and delineated.

(n) The boundary of the subdivision must be designated by a solid line that is wider than other lines appearing on the plat, and may not interfere with the legibility of figures or other data. The legal parcel identifier of adjacent lands must be shown.

(o) Each parcel within the survey's exterior boundaries that is excepted from the survey must be clearly indicated and labeled, "Not a part of this plat."

(p) Municipal or corporation boundaries within the parcel must be shown on the plat. Each road inside or adjacent to the parcel must be shown.

(q) The plat must clearly show the location, width, and use of each easement. Each easement must be clearly labeled and identified. The source document creating easements of record must be cited.

(r) Each lot and block must be numbered or lettered in consecutive order. All lots within each block must be numbered in consecutive order.

(s) Each dedication must be clearly identified, indicated, or stated on the plat.

(t) A street name shown on a plat filed for record must be unique within the locality except if the street is an extension of an existing street. An extension of an existing street must be named identically to the existing street.

History

Authority: AS 40.15.330; AS 40.15.370
Eff. 7/5/2001, Register 159

11 AAC 53.700 Certificates

(a) The plat approval certificate set out in AS 40.15.305(b) must be shown on all plats that are subject to the department's platting authority under AS 40.15.070.

(b) The following note must be shown below the plat approval certificate, unless the acceptance of dedication certificate must be used under (c) of this section:

By approval of this plat, the Commissioner of the Department of Natural Resources hereby accepts for public use and public purposes the real property dedicated to the public hereon, including easements, rights-of-way, alleys, and roadways. The acceptance of such dedicated areas for public use and public purposes does not obligate the department, any governing body, or the public to construct, operate, maintain, or manage improvements.

(c) Plats for subdivisions of land in municipalities that do not exercise platting authority must contain an acceptance of dedication certificate from the mayor or other elected municipal official authorized to accept dedications. Nothing in this section impairs the right of the mayor or other authorized municipal official to refuse a dedication for reasonable public cause, consistent with applicable municipal ordinances. The acceptance of dedication certificate, available on a form provided by the department, must be shown substantially as follows, with the headings capitalized and underlined:

ACCEPTANCE OF DEDICATION

The Mayor hereby accepts for public uses and for public purposes the real property dedicated to the public by this plat including easements, rights-of-way, alleys, and roadways shown on this plat. The acceptance of lands for public use or public purpose does not obligate the public or any governing body to construct, operate, or maintain improvements.

Date ...............Mayor...................

(d) Each plat must show a surveyor's certificate, shown substantially as set out in 11 AAC 53.210, and available on a form provided by the department.

(e) One or more of the following certificates must be shown on the plat as appropriate to the land action to be recorded, and must use the language set out in and available on forms provided by the department, as revised as of June 6, 2000 and adopted by reference:

(1) a certificate of ownership and dedication with notary acknowledgement;

(2) a certification of ownership with notary acknowledgement;

(3) a certificate of beneficiary with notary acknowledgement; in lieu of a signed certificate of beneficiary on the plat, an affidavit of beneficiary, in the form provided by the department as revised as of June 6, 2000 and adopted by reference, may be submitted.

(f) Each plat must show the tax certificate that is appropriate under 11 AAC 53.720(b)(3).

History

Authority: AS 40.15.020; AS 40.15.330; AS 40.15.370
Eff. 7/5/2001, Register 159

11 AAC 53.710 Notes

(a) Except as provided in (b) of this section, the following notes must be shown on the plat as applicable:

(1) "The error of closure of this survey does not exceed 1:5000.

(2) "All bearings shown are true bearings as oriented to the basis of bearing and the distances shown are reduced to horizontal field distances."

(3) "The natural meanders of ordinary high water [or mean high water line, as applicable] form the true bounds of [parcel name]. The approximate line of ordinary high water [or mean high water], as shown, is for area computations only, the true corners being on the extension of the sidelines and their intersection with the natural meanders."

(4) "Restrictive covenants were recorded on [date] in book [number], page [number], [name] Recording District."

(b) For plats based on a Global Positioning System (GPS) survey, the department's standard GPS note, available on a form provided by the department, must be shown instead of the note set out in (a)(2) of this section. That form, revised as of June 6, 2000, is adopted by reference.

History

Authority: AS 40.15.330; AS 40.15.370
Eff. 7/5/2001, Register 159

11 AAC 53.720 Final plat submittal under AS 40.15.300

(a) A final plat must conform to 11 AAC 53.600 - 11 AAC 53.740 and be free of tape, repairs, paste-on materials, or other appliques. If those materials were used in plat production, a blackline copy, on polyester film of Dupont Mylar or equivalent quality, may be used as a new original, if the copy maintains the density of line, clarity of background, accuracy, and other qualities of a normal original. Reproducible copies duplicated by ammonia or photostatic process will not be accepted.

(b) Submittal of a final plat must include the following:

(1) the reproducible final plat and one blackline print must be submitted for approval to the department; the print must be made before any certificates or acknowledgments on the reproducible final plat are signed and before any official seals are applied; both the reproducible final plat and the print must be signed and sealed separately in black ink;

(2) an update to the certificate to plat required under 11 AAC 53.620(a)(3), or the title status report described in 11 AAC 53.610(b) as applicable, executed no more than 90 days before final plat approval, must be submitted with the plat;

(3) each plat at the time of filing for record must have a signed certificate from the tax-collecting official of the municipality in which the land is located stating that all taxes levied against the property as of the date of the certificate are paid or, if the parcel is inside the boundaries of a municipality that does not exercise taxing authority or is outside of a municipality, a certificate on the plat that the parcel is not subject to taxation at the date of this survey;

(4) recording fees must be paid in accordance with 11 AAC 05.200.

History

Authority: AS 40.15.330; AS 40.15.370
Eff. 7/5/2001, Register 159; am 7/1/2018, Register 227

11 AAC 53.730 Replats and vacations

(a) A plat of land that is subject to the department's platting authority under AS 40.15.070 may not be replatted, vacated, or otherwise changed without the approval of the commissioner. Approval for a change to or vacation of a plat is initiated by filing the original and one copy of a petition with the department in Anchorage. However, if the area to be replatted is also partially within the jurisdiction of a municipal platting authority, and if the municipal platting authority agrees, the commissioner may delegate to that entity the authority to receive, review, and approve the petition for the entire area to be replatted in accordance with the municipality's own procedures.

(b) A petition for a replat or vacation filed with the department must contain

(1) a copy of the original survey plat showing the area for change or vacation;

(2) the name, address, and land ownership of each petitioner and all other landowners within the petition area and within 500 feet beyond the petition area;

(3) the action sought by the petitioner and a statement of reasons for the requested change or vacation; and

(4) the name and address of the petitioner or the agent authorized by the petitioner to receive service by mail.

(d) No more than 60 days after a petition is filed and the fees required by 11 AAC 05.240 have been received, a public hearing will be held on the petition at a place designated by the commissioner. At least once a week for two consecutive weeks, a notice of hearing that meets the requirements of AS 29.40.130 will be published in a newspaper of general circulation published within each judicial district in which the land is located. If no such newspaper exists, the notice will be posted in the local post office or other place of general visitation. A copy of the notice will be mailed by registered mail to each

(1) petitioner;

(2) known person not joining the petition who is the owner of record of land located within the petition area or within 500 feet of the petition area; and

(3) affected public agency and utility.

(e) If the petition is approved, the commissioner will prepare a state platting resolution and notify the petitioner by certified mail. A copy of the resolution will be sent with the notice. In the notice, the commissioner will require the petitioner to present to the commissioner a final plat of the replat that complies with 11 AAC 53.210 and 11 AAC 53.230. The replat must be prepared at the petitioner's expense. If the replat is not completed within 18 months after the date of the state platting resolution, the platting resolution expires, unless the commissioner extends the time limit for good cause. The commissioner may require a preliminary plat that complies with 11 AAC 53.220 before the plat is approved. Each agency and utility notified of the petition must be notified of the approval. The commissioner will record the plat and the state platting resolution in each recording district where a portion of the changed or vacated area is located, and the change or vacation is not valid until the recording has taken place. The department will send to the petitioner a copy of the recorded plat and a copy of the platting resolution showing the recording data. The original copies of the replat and the platting resolution will be maintained by the department.

(f) A replat showing a change and presented to the department must contain the following standard certificates, as set out in 11 AAC 53.210 and available on a form provided by the department:

(1) the surveyor's certificate;

(2) the approval certificate;

(3) the certificate of ownership;

(4) a section-line easement vacation certificate, if necessary under AS 19.30.410 and AS 29.35.090.

History

Authority: AS 38.04.045; AS 38.05.020 AS 38.04.900; AS 40.15.305
Eff. 7/5/2001, Register 159; am 7/1/2018, Register 227

11 AAC 53.740 Variances

The department will grant a variance from a provision of 11 AAC 53.600 - 11 AAC 53.730 if the person seeking a variance demonstrates, to the satisfaction of the department, that

(1) granting the variance will not be detrimental to the public health, safety, or welfare, injurious to adjacent property, or contrary to the public interest;

(2) the variance sought does not violate a statute; and

(3) the conditions on which the variance application is based do not apply generally to properties similar to the one for which the variance is sought.

History

Authority: AS 40.15.330; AS 40.15.370
Eff. 7/5/2001, Register 159

Article 6 General Provisions

11 AAC 53.900 Definitions

Unless the context clearly indicates otherwise, in this chapter

(1) "adjacent" means near but not necessarily touching;

(2) "aliquot parts" means land description within a rectangular survey system, as established by the United States Department of the Interior, Bureau of Land Management, or the division, using the section method of describing parcels of land by half sections, quarter sections, or any further division into equal halves or quarters with no remainder;

(3) "arterial road" means a road that is used primarily for through traffic, as opposed to access to adjacent land;

(4) "bearing object" means any object, other than trees and monuments, that may be used by the state as a primary monument accessory;

(5) "cadastral rectangular survey" means a survey that defines the rectangular system of surveys as accomplished by the United States Department of the Interior, Bureau of Land Management, or the division; the survey may or may not be identical with the protracted system of rectangular surveys, as administratively approved on official protraction diagrams;

(6) "coastline" means the line of mean low water along that portion of the coast that is in direct contact with the sea, and the line marking the seaward limits of inland water;

(7) "coastal water" means water along the coast of Alaska influenced by the tides;

(8) "course" means bearing and distances of a boundary or survey line, expressed to the accuracy used in the class of survey being conducted;

(9) "geodetic coordinates" means the quantities of latitude and longitude that define the position of a point on the surface of the earth, with respect to the reference spheroid; they are also called "geographic coordinates" (based on Clark's spheroid of 1866, as corrected for Alaska in 1927);

(10) "geodetic survey" means a survey in which account is taken of the shape and size of the earth; geodetic surveys are usually prescribed where the area or distances involved are so great that results of desired accuracy and precision can be obtained only by the process of geodetic surveying;

(11) "horizontal control" means control with horizontal positions only; the positions may be referenced to the geographic meridians or to other lines of reference, such as plane coordinate axes;

(12) "land survey" or "survey" means the process of determining boundaries and areas of land parcels on the ground;

(13) "limits of error" means the maximum permissible error, as expressed in a linear ratio establishing the mathematical precision of distances and angles assigned to control the accuracy standards of a survey;

(14) "mean high water" means the tidal datum plane of the average of all the high tides, as would be established by the National Geodetic Survey, at any place subject to tidal influence;

(15) "mean high water line" means the intersection of the datum plane of mean high water with the shore;

(16) "mean low water" means the tidal datum plane of the average of the low tides, as would be established by the National Geodetic Survey, at any place subject to tidal influence;

(17) "mean lower low water" means the tidal datum plane of the average of the lower of the two low waters of each day, as would be established by the National Geodetic Survey, at any place subject to tidal influence;

(18) "to meander" a water body means to establish courses along the ordinary, or mean, high water mark between land and water boundaries for segregation of upland and shoreland underlying state navigable or public water;

(19) "metes and bounds survey" means a survey that is accomplished from computed courses, such as shown on a preliminary or final plat;

(20) "monument" means the permanent, physical item placed or existing in the ground at a corner position to define and mark the boundaries of a parcel of land;

(21) "navigable water" has the same meaning as in AS 38.05.365(22);

(22) "offshore" means submerged land lying seaward from the line of mean low tide;

(23) "ordinary high water mark" means the mark along the bank or shore up to which the presence and action of the nontidal water are so common and usual, and so long continued in all ordinary years, as to leave a natural line impressed on the bank or shore and indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics;

(24) "paper plat" means essentially the same as an actual survey plat, except that the pertinent data and courses are derived from a compilation of official survey data and no actual field survey was accomplished;

(25) "public access easement" means an easement that is identified to allow access by the public, including access to private property by the owners of that private property and their invitees, and that may be used for any mode of transportation commonly employed for access purposes, subject to any restrictions noted on the plat, deed, or other legally applicable document;

(26) "public water" has the same meaning as in AS 38.05.365(23);

(27) "quarter-quarter section" means one-sixteenth of a normal section, formed by dividing a quarter section into four parts by lines connecting the midpoints of opposite sides, and containing 40 acres, more or less;

(28) "rectangular survey system" means a system of surveys in which an area is divided by a base line intersected at right angles by a principal meridian, with the intersection termed the initial point from which the partitions are subdivided into equal size townships, each containing 36 sections of land;

(29) Repealed 7/5/2001.

(30) "residential road" means a road that is primarily for traffic within a residential subdivision;

(31) "state plane coordinates" means the plane rectangular coordinate system established by the United States Coast and Geodetic Survey (now National Geodetic Survey) for use in defining positions of geodetic stations in terms of plane rectangular (X and Y) coordinates;

(32) "shoreland" means land belonging to the state that is covered by tidal or nontidal water that is navigable or nonnavigable under the laws of the United States, or the state, up to the mean or ordinary high water mark, and as may be modified by accretion, erosion, or reliction;

(33) "subdivision" has the same meaning as in AS 40.15.900;

(34) "submerged lands" has the same meaning as in AS 38.05.365(17);

(35) "supplemental cadastral survey" means the establishment of additional cadastral survey boundaries within an existing cadastral survey;

(36) "survey plat" means a diagram drawn to scale, showing all essential data and courses pertaining to the boundaries and subdivision of a tract of land, as determined by survey or protraction;

(37) "surveyor," "registered surveyor," or "professional land surveyor" means a person who has been registered by the State of Alaska Board of Registration for Architects, Engineers and Land Surveyors to currently practice land surveying in Alaska in conformance with AS 08.48;

(38) "tideland" means the same thing as "tidelands" as defined in AS 38.05.365(18);

(39) "tract" means a lot or parcel of land, and especially an odd-sized parcel within a section, such as on the west side of the west tier of sections in a township;

(40) "true bearing" means the direction of one point or object, with respect to another, where the direction of the line is expressed by the acute horizontal angle with respect to the celestial meridian; the reference direction may be north or south with reference to the true geodetic meridian; typical bearings are N. 6° 10'15" W. & S. 17° 10'30" E.;

(41) "vertical control" means the measurements taken by surveying methods for the determination of elevation only with respect to an imaginary level surface, usually mean sea level;

(42) "amended plat" means a plat of record that is corrected and re-recorded to correct a technical error that does not affect acreage, property lines, or valid existing rights;

(43) "block" means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or by physical barriers, and having an assigned number or letter;

(44) "commissioner" means the commissioner of natural resources;

(45) "controlling exterior corner" means a corner on the exterior boundary of a subdivision that is an angle point or a point of curvature;

(46) "dedicate" means to grant or convey into public ownership for public use; "dedicate" includes the designation of a public area on a plat;

(47) "department" means the Department of Natural Resources;

(48) "lot" means the smallest portion of a subdivision, constituting a single parcel, division, or piece of land intended for sale or dedication as a single unit;

(49) "lot summary" means a document showing bearings and distances used to compute parcel area and showing closure;

(50) "meander line" means the traverse run at the line of mean high water or ordinary high water of a permanent natural body of water, surveyed not as a boundary, but to define generally the sinuosities of the bank or shoreline and to determine the approximate quantity of land remaining after segregation of the water area;

(51) "parent parcel" means the original tract from which a parcel is being created by subdivision;

(52) "replat" means the redelineation of one or more existing lots, blocks, tracts, or parcels of a previously recorded subdivision or other survey that involves the change of property lines or, in the case of a vacation, the altering or eliminating of dedicated streets, easements, or public areas.

History

Authority: AS 38.04.045; AS 38.05.035; AS 40.15.370 AS 38.05.020; AS 40.15.330
Eff. 3/27/80, Register 73; am 7/5/2001, Register 159

Article 2 Purchase by Contract

11 AAC 54.300 Maximum term

Repealed 11/21/82.

11 AAC 54.310 Interest

Repealed 10/7/78.

11 AAC 54.320 Assignments

Any contract vendee may assign the lands or portion thereof upon which he has a contract, provided, that before any vendee shall be permitted to assign any of such lands or portion thereof, he shall make application to the director for a permit and the director may issue each permit if he finds it in the best interest of Alaska. Applications for assignment shall be made in writing to the director on Form DL-81 "Assignment of Contract" or an image copy thereof. The assignee shall be subject to and be governed by the contract provisions and regulations applicable thereto.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.330 Modification

A purchase contract may not be modified orally or in any manner other than by an agreement in writing signed by all parties thereto or their respective successors in interest.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.340 Cancellation - Forfeiture

(a) Purchase contracts in good standing may be cancelled in whole or in part, at any time, upon mutual written agreement by the vendee and the director.

(b) A purchase contract is subject to cancellation in whole or in part if improperly issued through error with respect to material facts.

(d) If the vendee shall default in the performance or observance of any of the contract terms, covenants and stipulations thereto or of the regulations now or hereafter in force or any of the provisions of the Land Act, and such default shall continue 30 days after service of written notice thereof by the division, the director shall subject the vendee to appropriate legal action, including but not limited to, cancellation of the contract. No improvements may be removed during the time which the contract is in default.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.350 Notice of breach

Notice of breach will be issued in writing as provided in AS 38.05.065(d) and 11 AAC 54.360. The department will send a copy of the notice to a holder of a collateral assignment approved under AS 38.05.920.

History

Authority: AS 38.05.020; AS 38.05.045; AS 38.05.920 AS 38.05.035; AS 38.05.065
Eff. 7/1/60, Register 1; am 8/15/64, Register 18; am 2/8/2001, Register 157

11 AAC 54.360 Notice or demand

Any notice or demand, which under the terms of a contract or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address shown on the contract. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given, made or mailed. A notice given hereunder shall be deemed received when deposited in a U.S. general or branch post office, enclosed in a registered or certified mail prepaid wrapper or envelope addressed as hereinabove provided. For the purposes of these regulations a notice given, as provided herein, and addressed to the Division of Lands shall be deemed received when deposited in a general or branch post office by the addressor and in like manner a notice from the Division of Lands to a vendee shall be deemed received by the vendee when such notice arrives at the general or branch post office from which final delivery to the said vendee would normally be accomplished.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.370 Rights of collateral assignee

If the purchaser's interest in a contract is foreclosed and terminated for breach, the holder of a collateral assignment approved under AS 38.05.920 may acquire the contract, subject to the contract's terms and conditions.

History

Authority: AS 38.05.020; AS 38.05.045 AS 38.05.035; AS 38.05.920
Eff. 7/1/60, Register 1; am 8/15/64, Register 18; 2/8/2001, Register 157

11 AAC 54.380 Entry or re-entry

In the event that the purchase contract should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands, or any part thereof, should be abandoned by the purchaser during the said term, the division or its agents, servants, or representative, may, immediately or any time thereafter, enter or re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No entry or re-entry by the division shall be deemed an acceptance of a surrender of the contract.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.390 Re-sale

In the event that a purchase contract should be terminated as herein provided, or by summary proceedings, or otherwise, the division may offer said lands for sale or other appropriate disposal pursuant to the provisions of this chapter or other applicable regulations.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.400 Forfeiture of payments

In the event that the purchase contract should be terminated because of any breach by the vendee, as herein provided, the payments made by the vendee shall be forfeited to and retained by the vendor as partial liquidated damages for said breach.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.410 Written waiver

The receipt of payment by the vendor, with knowledge of any breach of the purchase contract by the vendee or of any default on the part of the vendee in observance or performance of any of the conditions or covenants of the contract, shall not be deemed to be a waiver of any provision of the contract. No failure on the part of the vendor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the vendor unless in writing, shall discharge or invalidate such covenants or provisions or affect the right of the vendor to enforce the same in the event of any subsequent breach or default. The receipt of the vendor of any payment or any other sum of money after the termination, in any manner, of the contract, or after the giving by the vendor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant contract, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the vendor to the vendee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the vendor.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.420 Removal or reversion of improvements upon cancellation of purchase contract

Repealed 8/19/77.

11 AAC 54.430 Rental for improvements or personal property not removed

The department may charge the purchaser a reasonable rental for any buildings, fixtures, or personal property belonging to the purchaser or placed on the land during the purchaser's tenure, with or without the purchaser's permission, and remaining upon the premises after the termination of the contract. Disposition of personal property, buildings, and fixtures left on the parcel after termination of the contract is subject to AS 38.05.090, as amended through July 1, 1997 and adopted by reference. Private residential improvements will be considered "authorized" for the purposes of AS 38.05.090(f) if built in compliance with applicable federal, state, and municipal law.

History

Authority: AS 38.05.020; AS 38.05.045; AS 38.05.090
Eff. 7/1/60, Register 1; am 8/15/64, Register 18; am 2/8/2001, Register 157

11 AAC 54.440 Sanitation

The vendee shall comply with all regulations or ordinances which a proper public authority in its discretion shall promulgate for the promotion of sanitation. The premises under purchase contract shall be kept in a neat, clean and sanitary condition and every effort shall be made to prevent the pollution of waters.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.450 Building and zoning codes

Lands that lie within the jurisdiction of an authorized building or zoning authority shall be utilized in accordance with the rules and regulations of said authority. Failure to do so shall constitute a violation of the contract.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.460 Fire protection

The vendee will take all reasonable precautions to prevent, and take all reasonable actions to suppress destructive and uncontrolled grass, brush and forest fires on the land under contract and comply with all laws, regulations, and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the demised premises are located.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.470 Purchase contract credit

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 18; repealed 2/8/2001, Register 157

11 AAC 54.480 Conditional contract

The state may conditionally sell land it selects under various federal land grants and lands it reasonably believes it will own or will acquire title to prior to the actual receipt of title. Contracts issued on this conditional basis shall be cancelled in whole or part in the event the state is denied title to said lands. Contract payments made by the vendee on the land to which title is denied the state shall be refunded to the contract holder of record and any properly recorded lienholder, if any, jointly. However, the state shall in no way be liable for any damage that may be done to the land by the vendee, or liable for any claim of any third party or to any claim that may arise from ownership. In the event the state does receive title to the land under contract, the conditional contract shall then have the same standing, force and effect as non-conditional contracts issued under the regulations of this chapter.

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

Article 3 General Provisions and Definitions

11 AAC 54.500 Short title

This chapter pertains to the sale of lands of the state of Alaska and to the jurisdiction of the Division of Lands, Department of Natural Resources and related matters. The intent of this chapter is to insure the equitable sale of Alaska lands in a manner that will encourage development for their highest and best use. This chapter may be referred to as the "Sale Regulations."

History

Authority: AS 38.05.020; AS 38.05.045
Eff. 7/1/60, Register 1; am 8/15/64, Register 18

11 AAC 54.510 Definitions

In these regulations the following terms shall have the meaning indicated unless the context clearly requires a different meaning:

(1) "agricultural lands" means those lands which, because of location, adjacent development, physical and climatic features, are or may be made suitable for the production of agricultural crops;

(2) "Act" means the Alaska Land Act, AS 38.05;

(3) "Alaska" means State of Alaska;

(4) "Alaska lands" means all lands including shore, tide and submerged lands, or resources belonging to or hereafter in any manner acquired by Alaska;

(5) "classification" means the designation of lands according to their apparent best use;

(6) "commercial lands" means those lands which, because of location, physical features or adjacent developments, may best be utilized for non-industrial business purposes;

(7) "commissioner" means the Commissioner of the Department of Natural Resources of Alaska;

(8) "contract of sale" shall mean the legal agreement in writing wherein the state contracts to sell and the vendee agrees to buy certain lands;

(9) "department" means the Department of Natural Resources;

(10) "director" means the Director of the Division of Lands, Department of Natural Resources;

(11) "division" means Division of Lands within the Department of Natural Resources;

(12) "escheat lands" means those lands acquired by the state through the State Escheat Laws;

(13) "fair market value" means the highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not forced to sell, and a buyer willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used;

(14) "foreclosed lands" means those lands acquired by the state through foreclosure;

(15) "grazing lands" means those lands which have the physical and climatic features that make them primarily useful for the pasturing of domestic livestock;

(16) "industrial lands" means those lands which, because of location, physical features, or adjacent developments, may best be utilized for industrial purposes;

(17) "land" means all land including shore, tide and submerged lands, or resources belonging to or hereafter in any manner acquired by Alaska;

(18) "lease" means a surface lease issued or held pursuant to the Act and applicable regulations;

(19) "material lands" means those lands that are chiefly valuable for materials, including, but not limited, to the common varieties of sand, gravel, stone, pumice, pumicite, cinders and clay and where the removal of the material would seriously interfere with surface utilization;

(20) "mental health lands" means those lands acquired by the state under Public Law 830 (70 Stat. 709);

(21) "mineral lands" means those lands that are chiefly valuable for minerals, including, but not limited to coal, phosphate, oil shale, sodium, sulphur and potash and where the removal of the material would seriously interfere with surface utilization;

(22) "principal sum" shall be the total purchase price exclusive of filing fees, deposit or other costs;

(23) "private recreation lands" means those lands which because of location, physical features or adjacent developments are chiefly valuable as outdoor rural areas and may best be utilized by private non-commercial development;

(24) "public recreation lands" means those lands which, because of location, physical features of adjacent development, may best be utilized by the public for, but not limited to, natural and developed recreational and historical areas;

(25) "regulations" means the sale regulations contained in this chapter, as well as all other pertinent regulations promulgated by the department;

(26) "reserved use lands" means those lands which have been transferred, assigned or designated for present or future public use, or for use by a governmental or quasi-governmental agency, or for future development of new townsites, or for future expansion of existing townsites;

(27) "residential lands" means those lands which because of location, physical features or adjacent development may best be utilized for single or multiple unit dwellings;

(28) "sale" means the transferring of title to real property from the state to another for a consideration;

(29) "school lands" means all Sections 16 and 36 of surveyed rectangulars reserved to Alaska under provisions of 38 Stat. 1214 as amended (48 U.S.C. 353), and any other lands which may be hereafter designated solely for school revenues;

(30) "state" means State of Alaska;

(31) "timber land" means those lands which, because of physical, climatic and vegetative conditions, are presently or potentially chiefly valuable for the production of timber and other forest products;

(32) the masculine gender includes the feminine and the neuter;

(33) the singular number includes the plural;

(34) "unclassified lands" means all lands not otherwise classified;

(35) "university lands" means all Sections 33 reserved to the University under 38 Stat. 1214, as amended (48 U.S.C. 353), and all lands presently or hereafter reserved for the benefit of the University of Alaska;

(36) "vendee" shall mean the purchaser;

(37) "vendor" shall mean the State of Alaska;

(38) "open-to-entry lands" means those lands which meet the criteria as established by AS 38.05.077;

(39) "resource management lands" means those lands containing an association of surface and/or subsurface resources which are especially suited to multiple-use management. Such management may be accomplished in whole or in part pursuant to an inter-agency agreement.

History

Authority: AS 38.05.020; AS 38.05.035; AS 41.20.020
Eff. 7/1/60, Register 1; am 8/15/64, Register 18; am 3/22/69, Register 28

Chapter 55 Land Planning and Classification

11 AAC 55.010 Application of chapter

(a) This chapter deals with the planning and classification of all land under the department's management authority under AS 38, other than mental health trust land, as well as land that has been selected or is otherwise to be acquired by the state and managed by the department under AS 38. The intent of this chapter is to establish a system of land classification based on a land use planning process that recognizes the varied resources of the state and the many competing demands for those resources. Through the planning process the commissioner will provide for the balanced use, development, and conservation of those resources for the maximum benefit of the people of this state. Additionally, through the planning process the commissioner will make land classifications that identify primary uses. Although a classification made under this chapter identifies a primary use, all classifications are intended for multiple use, as defined in AS 38.04.910. This chapter does not affect the management, allocation, or appropriation of water, as distinguished from the planning, classification, or management of bodies of water, waterways, and adjacent land.

(b) If land that has been selected or is otherwise to be acquired by the state is classified, the classification takes effect when the state receives title. If the selection is later relinquished or rejected, the classification is automatically void and will be removed from the state's public land records.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87; am 2/9/2001, Register 157

11 AAC 55.020 Planning and classification

(a) Classification of state land under AS 38.05.300 will be based on a land use plan prepared according to AS 38.04.065 and 11 AAC 55.030.

(b) In the development and revision of a land use plan, the commissioner will provide for meaningful participation in the planning process by those listed in AS 38.04.065(b)(8) and others concerned with land use in the area.

(c) Land use plans will state management objectives and may contain guidelines to resolve conflicts among competing land uses. After September 7, 1983, public land records maintained by the department will reflect the existence of these land use plans as well as the classification of the land.

(d) Land classified settlement, except tideland, submerged land, or shoreland, may be made available for sale, lease, or other disposal. Tideland, submerged land, or shoreland may be made available for lease or other less-than-fee disposal, and management rights in that land may be assigned to another state agency. However, the fee interest in tideland, submerged land, or shoreland will ultimately be retained in state ownership unless the conveyance (1) is otherwise required by law, or (2) is a conveyance, authorized by law, to a political subdivision of the state and the commissioner finds that the interests served by the public trust doctrine will be furthered by the conveyance. Land classified agricultural may be made available for sale in accordance with AS 38.05.321 or for agricultural lease. Unless otherwise prohibited by law, unclassified land and land in any classification may be made available for oil and gas leasing. Unless expressly prohibited in the land use plan, land in any classification may be made available for surface leasing, except that only land classified settlement or agricultural may be made available for leasing with a purchase right. The sale of material may be made on unclassified land if allowed by 11 AAC 55.040(i)(5) or on land in any classification.

(e) If the legislature designates land for a special purpose, that designation will be noted on the public land records maintained by the department.

History

Authority: AS 38.04.065; AS 38.05.020; AS 38.05.300 AS 38.04.900; AS 38.05.045
Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87; am 8/16/89, Register 111; am 2/9/2001, Register 157

11 AAC 55.030 Land use plan

(a) A regional plan may be an area plan or a management plan. An area plan, management plan, or site-specific plan that complies with the requirements and standards of AS 38.04.065(b) meets the requirement of AS 38.04.065 that classification of state land be based upon a land use plan.

(b) The statewide resources plan is not a land use plan for the purposes of this section but is a planning document that summarizes statewide resource policies for each resource use under the department's management authority as well as the department's policies for managing fish and wildlife habitat and transportation. Because of the statewide resources plan's broad scale and the general nature of its resource designations, it is not intended to be used as the sole basis for classification. However, where appropriate, it will be referred to for guidance in the preparation of other, more detailed land use plans, including a site-specific plan prepared for classification actions when there is no area or management plan.

(c) For the purposes of this section, an "area plan" is a planning document prepared for a region or subregion of the state and is usually displayed at a scale of 1:250,000 or 1:63,360. The following items will be included in an area plan:

(1) a summary of existing land uses and ownership patterns within the planning boundaries;

(2) a discussion of resource potential and land uses on state lands and water within the planning boundaries;

(3) goals and objectives for each resource in the planning area;

(4) land classifications that set out primary uses and that may be supplemented by identifying secondary uses; with a land classification, the department will include

(A) a statement whether the land is to be disposed of in fee or retained in state ownership; and

(B) for land to be retained in state ownership, a statement as to whether the land is to be made available for lease or other less-than-fee disposal, timber sale, or material sale;

(5) consideration of mineral potential to include, at a minimum, identification of areas that will be closed to mineral entry or restricted to leasehold locations under the criteria set out in AS 38.05.185, existing or potential conflicts and, if mineral leasing is intended, stipulations for future leases; and

(6) management guidelines and stated management intent, representing department policies to guide the actions of the department when making land use decisions, directing land management and ensuring compatibility among competing land uses.

(d) For the purposes of this section, a "management plan" is a planning document for a region or subregion, generally more detailed than an area plan, and displayed at a scale of 1:63,360 or finer, that describes how resource decisions will be implemented and that contains the items required of an area plan under (c)(1) - (c)(6) of this section.

(e) For the purposes of this section and AS 38.04.065, a "site-specific plan" is a planning document, prepared in the absence of a regional plan, that states the management intent for each resource in the planning area, addresses impacts on adjacent land uses, and contains the items required of an area plan under (c)(1), (c)(2), and (c)(4) - (c)(6) of this section.

(f) The following provisions supersede the modification provisions in land use plans existing on 8/16/89:

(1) A revision to a land use plan is subject to the planning process requirements of AS 38.04.065. For the purposes of this section and AS 38.04.065, a "revision" is an amendment or special exception to a land use plan as follows:

(A) An "amendment" permanently changes the land use plan by adding to or modifying the basic management intent for one or more of the plan's subunits or by changing its allowed or prohibited uses, policies, or guidelines. For example, an amendment might close to new mineral entry an area that the plan designated to be open, allow a land use in an area where the plan prohibited it, or allow land to be opened to homestead entry in an area that the plan designated for retention in public ownership.

(B) A "special exception" does not permanently change the provisions of a land use plan and cannot be used as the basis for a reclassification of the subunit. Instead, it allows a one-time, limited-purpose variance of the plan's provisions, without changing the plan's general management intent or guidelines. For example, a special exception might be used to grant an eligible applicant a preference right under AS 38.05.035 to purchase land in a subunit designated for retention in public ownership. A special exception might be made if complying with the plan would be excessively burdensome or impractical or if compliance would be inequitable to a third party, and if the purposes and spirit of the plan can be achieved despite the exception.

(2) A minor change to a land use plan is not considered a revision under AS 38.04.065. A "minor change" is a change that does not modify or add to the plan's basic intent, and that serves only to clarify the plan, make it consistent, facilitate its implementation, or make technical corrections.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87; am 8/16/89, Register 111; am 2/9/2001, Register 157

11 AAC 55.040 Classification

(a) A classification reflects surface impacts of surface or subsurface uses, or both.

(b) Surface resource classifications include agricultural, coal, forest, geothermal, grazing, heritage resources, material, mineral, oil and gas, public recreation, reserved use, resource management, settlement, transportation corridor, water resources, and wildlife habitat land.

(c) A classification identifies the primary use for which the land will be managed, subject to valid existing rights and to multiple use. A land use plan under this chapter may identify both primary and secondary uses. In addition, the department may authorize other uses that do not conflict with the plan.

(d) On any parcel of land, up to three classifications may be used where the dominance of a particular use cannot be determined.

(e) All land classified after September 7, 1983 is open to mineral entry and location unless the land is closed by statute or by a mineral closing order prepared in conformance with AS 38.05.185. State land may not be closed to mineral entry and location unless the commissioner finds that mineral entry and location is incompatible with significant surface uses, including those associated with other leasable mineral development. This finding may be made through an area plan. A mineral closing order will state the grounds for closing the lands to mineral entry. No land classified after September 7, 1983 is restricted to mining under leasehold location unless the commissioner makes the determination required by AS 38.05.185 and issues a leasehold location order. The determination may be made through an area plan.

(f) Unless closed to mineral entry by statute or by a mineral closing order, land classified before September 7, 1983 as commercial, greenbelt, industrial, public recreation, reserved use, resource management, watershed, or wildlife habitat land has been and remains available for leasehold locations under AS 38.05.205. The leasing requirement remains in effect until the land is reclassified. At that time the land will

(1) be opened to mineral entry, in which case leasehold locations previously made will no longer be subject to the leasing requirement although the miner may retain the location as a leasehold location;

(2) be closed to mineral entry by a mineral closing order in accordance with AS 38.05.185, in which case valid existing rights will not be affected; or

(3) remain available for leasehold locations, after a leasehold location order is issued in accordance with AS 38.05.185.

(g) Land classified between November 12, 1978 and September 7, 1983 as private recreation, homesite entry, open-to-entry, or residential land is closed to mineral entry. The closure will remain in effect only until the land is reclassified, unless a mineral closing order is issued in accordance with AS 38.05.185.

(h) Repealed 2/9/2001.

(i) Until land has been classified, a disposal or transfer of state land or an interest in state land, including timber and materials, will not be allowed except for

(1) mineral location, as "location" is defined in 11 AAC 88.185, including leasehold location;

(2) oil and gas leasing under AS 38.05.180 and lease activities and improvements on oil and gas leases, as authorized by a plan of operations under 11 AAC 83.158;

(3) a conveyance under AS 38.05.035(b) and (c), 38.05.068, 38.05.087, or 38.05.820;

(4) an exchange of land under AS 38.50;

(5) a disposal of timber or materials as follows:

(A) the sale of any amount of materials from a riverbed, with notification to the Department of Fish and Game, or from an established source; an "established source" of materials is a material site used within the preceding 10 years and not reclaimed or revegetated;

(B) a permit to remove up to 200 cubic yards of material from a previously used material site if the removal does not interfere with reclamation or revegetation;

(D) the issuance of a beach log salvage license;

(6) the granting of a right-of-way or easement for a use that, as part of the determination required by AS 38.05.850(c), the department determines to be minor access for purposes of AS 38.04.065(f), based on the use's insignificant effect on the land and resources; uses that the department may find to constitute minor access include

(A) a road or trail less than one mile in length to provide access to a private residence;

(B) a telephone, electric, or other utility line less than 1,500 feet in length;

(D) a waterline less than 1,500 feet in length; and

(E) a sewer outfall line from a single-family residence;

(7) an interagency land management assignment; a conveyance of land to a municipality under AS 29.65; or a conveyance to another state agency or to a municipality under AS 38.05.810(a) or other statutory authority, of land or resources with established uses, such as schools or material sites;

(8) repealed 8/16/89.

History

Authority: AS 38.04.065; AS 38.05.020; AS 38.05.295 AS 38.04.900; AS 38.05.185; AS 38.05.300
Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87; am 8/16/89, Register 111; am 2/9/2001, Register 157

11 AAC 55.050 Agricultural land

Land classified agricultural is land that, by reason of its climate, physical features, and location, is suitable for present or future agricultural cultivation or development and that is intended for present or future agricultural use.

History

Authority: AS 38.04.065; AS 38.05.020; AS 38.05.321 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87; am 2/9/2001, Register 157

11 AAC 55.055 Coal land

Land classified coal is land where known coal resources exist and where development is occurring or is reasonably likely to occur, or where the coal potential has been determined to be high or moderate under 11 AAC 85.010.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 9/7/83, Register 87

11 AAC 55.060 Commercial land

Repealed 9/7/83.

11 AAC 55.070 Forest land

Land classified forest is land that is or has been forested and is suited for forest management because of its physical, climatic, and vegetative conditions.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87

11 AAC 55.075 Geothermal land

Land classified geothermal is land where known geothermal resources exist and where development is occurring or is reasonably likely to occur, or where there is reason to believe commercial quantities of geothermal resources exist.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 9/7/83, Register 87

11 AAC 55.080 Grazing land

Land classified grazing is land that is appropriate for grazing and that is suitable, in the cultivated or uncultivated state, for supporting domestic livestock or reindeer.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87

11 AAC 55.090 Greenbelt land

Repealed 9/7/83.

11 AAC 55.095 Heritage resources land

Land classified heritage resources is land where there is active preservation of, or research for, significant historical, prehistoric, paleontological, or other cultural values or where there is reason to believe that these values exist.

History

Authority: AS 38.04.065; AS 38.05.020; AS 38.05.300 AS 38.04.900; AS 38.05.295
Eff. 9/7/83, Register 87

11 AAC 55.100 Homesite entry land

Repealed 10/14/79.

11 AAC 55.110 Industrial land

Repealed 9/7/83.

11 AAC 55.120 Material land

Land classified material is land that is suitable for the extraction of common varieties of sand, gravel, stone, peat, clay, and other similar materials.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87

11 AAC 55.130 Mineral land

Land classified mineral is land where known mineral resources exist and where development is occurring or is reasonably likely to occur, or where there is reason to believe that commercial quantities of minerals exist.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87

11 AAC 55.135 Oil and gas land

Land classified oil and gas is land where known oil and gas resources exist and where development is occurring or is reasonably likely to occur, or where there is reason to believe that commercial quantities of oil and gas exist.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 9/7/83, Register 87

11 AAC 55.140 Open-to-entry land

Repealed 10/14/79.

11 AAC 55.150 Private recreation land

Repealed 9/7/83.

11 AAC 55.160 Public recreation land

Land classified public recreation is land that is suitable for recreation uses, waysides, parks, campsites, scenic overlooks, hunting, fishing or boating access sites, trail corridors, or greenbelts along bodies of water or roadways.

History

Authority: AS 38.04.065; AS 38.05.020; AS 38.05.300 AS 38.04.900; AS 38.05.295
Eff. 11/12/78, Register 68; am 9/7/83, Register 87

11 AAC 55.170 Reserved use land

(a) Land classified reserved use is land that

(1) is reserved for transfer to another governmental or nongovernmental agency that is performing a public service;

(2) is reserved for transfer through land exchanges; or

(3) has been designated for a public facility.

(b) Nothing in this section requires classification of land identified for a future land exchange under AS 38.50.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87

11 AAC 55.180 Residential land

Repealed 9/7/83.

11 AAC 55.190 Resource assessment land

Repealed 9/7/83.

11 AAC 55.200 Resource management land

Land classified resource management is either

(1) land that might have a number of important resources but for which a specific resource allocation decision is not possible because of a lack of adequate resource, economic, or other relevant information, or is not necessary because the land is presently inaccessible and remote and development is not likely to occur within the next 10 years; or

(2) land that contains one or more resource values, none of which is of sufficiently high value to merit designation as a primary use.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87; am 8/16/89, Register 111

11 AAC 55.202 Settlement land

An upland area classified settlement is land that is, by reason of its physical qualities and location, suitable for year-round or seasonal residential or private recreational use or for commercial or industrial development. Tideland, submerged land, or shoreland classified settlement is land that is suitable for floathomes, or land that is immediately adjacent to upland areas with existing or proposed settlement and that will be managed to support those existing or proposed upland settlement uses.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 9/7/83, Register 87; am 8/16/89, Register 111

11 AAC 55.205 Transportation corridor land

Land classified transportation corridor is land that is identified for the location of easements and rights-of-way under AS 38.04.065(f), including transportation, pipeline, or utility corridor purposes, or is under consideration for a right-of-way lease.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 9/7/83, Register 87

11 AAC 55.210 Utility land

Repealed 9/7/83.

11 AAC 55.215 Waterfront development land

Land classified waterfront development is tideland, submerged land, or shoreland that is suitable to be used for commercial or industrial activities such as fish processing, aquatic farming, mineral and log transfer facilities, or commercial recreation.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 8/16/89, Register 111

11 AAC 55.220 Watershed land

Repealed 9/7/83.

11 AAC 55.222 Water resources land

Land classified water resources is land encompassing watersheds or portions of watersheds and is suitable for such uses as water supply, watershed protection, or hydropower sites.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 9/7/83, Register 87

11 AAC 55.230 Wildlife habitat land

Land classified wildlife habitat is land which is primarily valuable for

(1) fish and wildlife resource production, whether existing or through habitat manipulation, to supply sufficient numbers or a diversity of species to support commercial, recreational, or traditional uses on an optimum sustained yield basis; or

(2) a unique or rare assemblage of a single or multiple species of regional, state, or national significance.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.900
Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87

11 AAC 55.240 Reclassification

Land will be reclassified if the commissioner determines that the primary use designation of an area should be changed. Reclassification is subject to the same procedural requirements as is classification, including public and local participation under AS 38.04.065 if the reclassification is based on land use plan amendments.

History

Authority: AS 38.04.900; AS 38.05.035 AS 38.05.020; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87

11 AAC 55.250 Notice

In addition to the requirements of AS 38.05.945, notice of a proposed classification or reclassification of state land will identify the acreage and location of the land involved, regardless of whether a legal description is used, and the land use plan on which the proposed classification or reclassification is based. The notice will specify one of the following methods for public comment on the proposed classification or reclassification:

(1) a public hearing conducted by the department in person;

(2) a public hearing conducted by the department by teleconference;

(3) solicitation and consideration of written comments during a specified period.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87; am 8/16/89, Register 111

11 AAC 55.260 No effect on valid existing rights

No classification or reclassification affects valid rights existing before the classification or reclassification. A classification or reclassification applies only to state land.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 9/7/83, Register 87

11 AAC 55.270 Proposing classifications

Any person, group, or agency may propose a classification or reclassification. The applicant shall state the reasons for the proposal and describe the area suggested. The proposal will be handled as follows:

(1) If the proposed classification is inconsistent with a regional land use plan adopted under AS 38.04.065, the commissioner will either deny the proposed classification or propose to revise the plan as described in 11 AAC 55.030(f).

(2) If a regional plan is being prepared or if preparation is scheduled to begin within one year, the commissioner will defer a decision on the proposed classification and will treat the proposal as public comment on the land use plan, unless the commissioner determines that sufficient urgency exists to follow the procedures of (3) of this section.

(3) If no regional plan exists or is being prepared, and if preparation of a regional plan is not scheduled to begin within one year, and if the commissioner determines that sufficient urgency exists, the commissioner will order the preparation of a site-specific plan for the purpose of reaching a decision on the proposed classification. However, the commissioner will deny the proposal if it recommends a type of land disposal for which AS 38.04.065 prohibits the use of site-specific plans.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87; am 8/16/89, Register 111

11 AAC 55.272 Effective date

A classification takes effect on the date the classification order is signed by the commissioner.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 9/7/83, Register 87

11 AAC 55.277 Existing classifications

Beginning September 7, 1983, land previously classified under one of the classifications in list (1) will be considered to be classified under the corresponding classification in list (2):

(1)(2)Commercial LandSettlement LandHomesite Entry LandSettlement LandIndustrial LandSettlement LandOpen-To-Entry LandSettlement LandPrivate Recreation LandSettlement LandGreenbelt LandPublic Recreation LandResidential LandSettlement LandUtility LandSettlement LandWatershed LandWater Resources LandResource Assessment LandResource Assessment Land until reclassified

History

Authority: AS 38.04.065; AS 38.04.900 AS 38.05.020; AS 38.05.300
Eff. 9/7/83, Register 87

11 AAC 55.280 Definitions

In this chapter,

(1) "classification" means the designation of land according to its primary use, and in a manner that will provide maximum benefit to the people of Alaska;

(2) "commissioner" means the commissioner of the Department of Natural Resources;

(3) repealed 9/7/83;

(4) "department" means the Department of Natural Resources;

(5) repealed 10/14/79;

(6) repealed 10/14/79;

(7) "disposal" means the sale, lease, grant, or exchange of land or interests in land to another person, entity, or government agency;

(8) "land" means all land, including shore, tide, and submerged land and water;

(9) repealed 9/7/83;

(10) repealed 8/6/94.

History

Authority: AS 38.04.065; AS 38.05.020 AS 38.04.900; AS 38.05.300
Eff. 11/12/78, Register 68; am 10/14/79, Register 72; am 9/7/83, Register 87; am 8/6/94, Register 131

Article 2 (Repealed.)

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.020 Commercial-industrial lands

All lands leased for commercial or industrial purposes shall be utilized only for these purposes, and in accordance with applicable building and zoning codes. In the absence of such codes the lessee shall, at least 30 calendar days prior to the commencement of construction or utilization, file with the director a plot plan, a general description of contemplated construction and a brief description of the business proposed. The director shall reject said plan within 30 calendar days of receipt thereof if he deems such utilization or construction contrary to the orderly development of the area or incompatible with existing development.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.030 Grazing lands

All lands leased for grazing purposes shall be managed, stocked and utilized in accordance with approved range management practices as employed in the area wherein the land is located. However, a lessee shall be allowed to grow and harvest forage crops on a grazing lease for his own use. Crops so produced shall not be sold. Grazing leases may be declared null and void in whole or in part if the director determines that the land or a part thereof is not being used for the purpose issued.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.040 Preference right grazing lease and forest service permittee lease

Repealed 8/16/89.

11 AAC 58.050 Material lands

Repealed.

History

Eff. 6/30/60, Register 1; am 8/15/64, Register 17; am 3/22/69, Register 28; repealed 8/6/94, Register 131

11 AAC 58.060 Mineral lands

Repealed.

History

Eff. 6/30/60, Register 1; am 8/15/64, Register 17; am 3/22/69, Register 28; repealed 8/6/94, Register 131

11 AAC 58.070 Public recreation lands

Repealed.

History

Eff. 6/30/60, Register 1; am 8/15/64, Register 17; am 3/22/69, Register 28; repealed 8/6/94, Register 131

11 AAC 58.080 Private recreational lands

Lands classified as private recreational lands and leased for that purpose shall be used for noncommercial recreational purposes. No more than one residence shall be constructed on each lot so leased. However, the director may, if he deems utilization or construction contrary to the orderly development of the area or incompatible with existing development, after proper notice, cancel the existing lease.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.090 Residential lands

Lands classified as residential lands and leased for that purpose shall be used for residential purposes only and in accordance with any applicable building and zoning codes. In the absence of such codes the lessee shall, at least 30 calendar days prior to commencement of construction or utilization, file with the director a plot plan and a general description of contemplated construction. The director shall reject said plan within 30 calendar days after receipt thereof if he deems such utilization or construction contrary to the orderly development of the area or incompatible with existing development.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.100 Reserved use lands

Reserved use lands are available for leasing and may be utilized under an Inter-agency Land Management Transfer. Lands transferred to a qualified agency may be utilized by sublease or any other manner, provided such utilization shall be consistent with the function assigned said agency and the provisions of the Land Act and these regulations unless otherwise exempted.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 6/30/60, Register 1; am 8/15/64, Register 17; am 3/22/69, Register 28

11 AAC 58.110 Timber lands

Repealed.

History

Eff. 6/30/60, Register 1; am 8/15/64, Register 17; am 3/22/69, Register 28; repealed 8/6/94, Register 131

11 AAC 58.120 School lands and university lands

Repealed 8/19/77.

11 AAC 58.130 Resource management lands

Repealed.

History

Eff. 3/22/69, Register 28; repealed 8/6/94, Register 131

11 AAC 58.140 Open-to-entry lands

Repealed.

History

Eff. 3/22/69, Register 28; repealed 8/6/94, Register 131

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 58.330 Deposits

Repealed 8/19/77.

11 AAC 58.340 No rights before leasing

The filing of an application for a lease does not in any way vest any right in the applicant to a lease or to the use of the land applied for pending the issuance of a lease.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 8/6/94, Register 131

11 AAC 58.350 Classification

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.360 Review

Repealed 8/19/77.

11 AAC 58.370 Public and charitable use

Repealed 8/19/77.

11 AAC 58.380 Term of lease

Repealed 8/19/77.

11 AAC 58.390 Appraisal

Repealed 8/19/77.

11 AAC 58.400 Survey

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 1/1/86, Register 96; repealed 8/6/94, Register 131

11 AAC 58.410 Rental

(a) Annual rentals in amounts up to and including $500 must be paid on an annual basis. Annual rentals in amounts above $500 must be paid either annually or in quarterly installments, at the discretion of the lessee. All rentals must be paid in advance.

(b) Minimum lease rental will be determined in accordance with AS 38.05.840, except that the department will charge no less than $500 in minimum annual rent or compensation for a lease that authorizes private recreational or residential use, or authorizes grazing at a stocking rate of fewer than 50 animal units, and no less than $1,000 in minimum annual rent or compensation for a lease that authorizes any other use. A full appraisal will not be done if, based on a preliminary appraisal by a department employee who is qualified to determine the value of land under AS 38.05.840, the department finds that the minimum annual rent required by this subsection exceeds the amount likely to be determined by a full appraisal. This subsection applies only to issuance or renewal after December 31, 2002 of a lease under AS 38.05.070 - 38.05.080 or AS 38.05.095, a lease under AS 38.05.810 except as provided in this subsection, or a millsite lease under AS 38.05.255. This subsection does not apply to a shore fishery lease under AS 38.05.082, an aquatic farmsite lease under AS 38.05.083, or a public and charitable use lease under AS 38.05.810 for less than the appraised value.

History

Authority: AS 38.05.020; AS 38.05.073; AS 38.05.810 AS 38.05.035; AS 38.05.075; AS 38.05.840 AS 38.05.070; AS 38.05.255
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 8/6/94, Register 131; am 2/8/2001, Register 157; am 12/7/2002, Register 164

11 AAC 58.415 Survey and appraisal costs

Repealed.

History

Eff. 7/19/85, Register 95; repealed 8/6/94, Register 131

11 AAC 58.420 Public notice

Repealed 8/19/77.

11 AAC 58.430 Location of lease auction

Repealed 8/19/77.

11 AAC 58.440 Leasing procedure

Repealed 8/19/77.

11 AAC 58.450 Receipt of bid

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.460 Commissioner's rejection

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.470 Appeal

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.480 Completion of bid requirements

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.490 Issuance of lease

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.500 Proper location by the lessee

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.510 Lease utilization

Leases must be utilized for purposes within the scope of lease and land classification. Utilization or development for other than the allowed uses is a violation of the lease. A development plan may be required on all leases. Failure to make substantial use of the land, consistent with the development plan, within five years, will, in the director's discretion, constitute grounds for cancellation.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 8/6/94, Register 131

11 AAC 58.520 Adjustment of rental

Repealed 8/19/77.

11 AAC 58.530 Subleasing

Repealed 8/19/77.

11 AAC 58.540 Assignments

Repealed 8/19/77.

11 AAC 58.550 Modification

A lease may not be modified orally or in any manner other than by an agreement in writing signed by all parties thereto or their respective successors in interest.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.560 Cancellation; forfeiture

(a) Leases in good standing may be cancelled in whole or in part, at any time, upon mutual written agreement by the lessee and the director.

(b) A lease is subject to cancellation in whole or in part if improperly issued through misrepresentation or error with respect to material facts.

(d) The director will, in the director's discretion, cancel a lease, if the lessee defaults and the director determines the action is necessary to protect and enforce the state's contractual or other property rights. No improvements may be removed during any time the lessee is in default.

History

Authority: AS 38.05.020; AS 38.05.075 AS 38.05.035; AS 38.05.103
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 8/6/94, Register 131

11 AAC 58.570 Notice of default

Notice of default will be issued in writing as provided in 11 AAC 58.580. A copy of the notice will be sent to a holder of a security assignment approved under AS 38.05.095 and AS 38.05.920. For a lease issued under AS 38.05.070 - 38.05.105 on or after June 23, 1977, the lessee or the holder of a security assignment may remedy the default in accordance with AS 38.05.103, and within the time period established under that section, even if the lease provides for a shorter period.

History

Authority: AS 38.05.020; AS 38.05.075; AS 38.05.103 AS 38.05.035; AS 38.05.095; AS 38.05.920
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 2/8/2001, Register 157

11 AAC 58.580 Notice or demand

Any notice or demand, which under the terms of a lease or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given, made or mailed. A notice given hereunder shall be deemed delivered when deposited in a U.S. general or branch post office enclosed in a registered or certified mail prepaid wrapper or envelope addressed as hereinabove provided.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.590 Rights of security assignee

If a lease is forfeited or cancelled for cause, the holder of a security assignment approved under AS 38.05.095 and AS 38.05.920 may acquire the lease for its unexpired term, subject to the lease's existing terms and conditions.

History

Authority: AS 38.05.020; AS 38.05.075; AS 38.05.920 AS 38.05.035; AS 38.05.095
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 2/8/2001, Register 157

11 AAC 58.600 Entry and re-entry

In the event that the lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands, or any part thereof, should be abandoned by the lessee during the said term, the lessor or its agents, servants, or representative, may immediately or any time thereafter, re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.610 Re-lease

In the event that a lease should be terminated as herein provided, or by summary proceedings, or otherwise, the division may offer said lands for lease or other appropriate disposal pursuant to the provisions of this chapter or other applicable regulations.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.620 Forfeiture of rental

In the event that the lease should be terminated because of any breach by the lessee, as herein provided, the annual rental payment last made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for said breach.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.630 Written waiver

The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee or of any default on the part of the lessee in observance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provision of the lease. No failure on the part of the lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the lessor unless in writing, shall discharge or invalidate such covenants or provisions or affect the right of the lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lessor.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.640 Expiration of lease

Unless the lease is renewed or sooner terminated as provided herein, the lessee shall peaceably and quietly leave, surrender and yield up unto the lessor all of the leased land on the last day of the term of the lease.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.650 Renewal of lease

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 1/1/86, Register 96; repealed 8/6/94, Register 131

11 AAC 58.660 Preference rights

Repealed 8/19/77.

11 AAC 58.670 Removal or reversion of improvements upon termination of lease

Repealed 8/19/77.

11 AAC 58.680 Rental for improvements or chattels not removed

Any improvements or chattels belonging to the lessee or placed on the lease during the lessee's tenure with or without his permission and remaining upon the premises after the termination date of the lease shall entitle the lessor to charge a reasonable rent therefor.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.690 Sanitation

The lessee shall comply with all regulations or ordinances which a proper public authority in its discretion shall promulgate for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean and sanitary condition and every effort shall be made to prevent the pollution of waters.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.700 Building and zoning codes

Leased lands that lie within the jurisdiction of an authorized building or zoning authority shall be utilized in accordance with the rules and regulations of said authority. Failure to do so shall constitute a violation of the lease.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.710 Fire and forest protection

The lessee will take all reasonable precaution to prevent, and take all necessary action to suppress destructive or uncontrolled grass, brush and forest fires on leased lands and comply with all laws, regulations and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the leased premises are located.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.720 Inspection

The lessee shall allow authorized representatives of the division to enter the leased land for inspection at any reasonable time.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.730 Use of materials

All coal, oil, gas and other minerals, all deposits of stone or gravel valuable for extraction or utilization, and all material subject to 11 AAC 71 are excepted from the operation of a lease of the land estate. Specifically, the lessee of the land estate may not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other material without specific authorization in the lease or a separate written authorization. However, material required for the development of the leasehold may be used on the leasehold, as authorized by the approved lease development plan.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 2/8/2001, Register 157

11 AAC 58.740 Rights-of-way

The lessor expressly reserves the right to grant easements or rights-of-way across leased land if it is determined in the best interest of Alaska to do so. The lessee whose lands such easements or rights-of-way shall cross shall be entitled to damages for all improvements or crops destroyed or damaged. Damages shall be limited to improvements and crops only and loss shall be determined by fair market value.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.750 Restrictions and reservations

Repealed 8/19/77.

11 AAC 58.760 Damages

Repealed 8/19/77.

11 AAC 58.770 Waste and injury to land

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.780 Warranty

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.790 Lease rental credit

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.800 Hunting and fishing

The lawful pursuit or the hunting of game, the taking of fish and trapping, if sanctioned by a proper permit from the Alaska Department of Fish and Game, or the picking of berries shall not be denied on lands leased for agricultural or grazing purposes; provided, however, the director, may, upon request, grant permission, in writing, that all or a portion of the leased premises may be posted to prevent hunting and/or fishing and/or berry picking when it appears necessary in order to properly protect the lessee and his property.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.810 Approval of other authorities

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.820 Conditional leases

Repealed.

History

Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; repealed 8/6/94, Register 131

11 AAC 58.825 Youth encampment exemption

(a) An exemption from lease payments will be granted by the director for an eligible lessee, upon written request to the director by the lessee.

(b) A complete exemption from lease payments may be granted only if the lessee signs a sworn statement that the land is reasonably necessary for and is used for a youth encampment as defined in 11 AAC 58.910(31). In the event the leasehold is used for another purpose, the lessee shall pay the amount that would have been due had the exemption not been granted.

(c) In determining a lessee's qualification for exemption, the director will, in his discretion, liberally interpret the applicable statutes and regulations.

History

Authority: AS 38.05.020; AS 38.05.097 AS 38.05.035; AS 38.05.810
Eff. 3/30/83, Register 85

11 AAC 58.830 Lease of land to another state agency

(a) When the commissioner determines that it is in the best interests of the state, a lease under AS 38.05.810 may be granted to the Department of Transportation and Public Facilities, the Department of Administration, or another state agency authorized to acquire facilities or space for the use of the state. Under this section, that agency may sublease the land to a developer for the construction of a facility if a substantial portion of the space in the facility will be leased back to the state for official use.

(b) The terms and conditions of the sublease may be determined by the sublessor state agency with the approval of the commissioner of natural resources.

(c) The sublease must be offered in accordance with the competitive bidding or negotiation procedures governing the sublessor agency's acquisition of facilities or space.

History

Authority: AS 38.05.020; AS 38.05.810(a)
Eff. 4/22/84, Register 90

Article 4 Short Title and Definitions

11 AAC 58.900 Short title

This chapter pertains to the leasing of lands of the State of Alaska and to the jurisdiction of the Division of Lands, Department of Natural Resources and related matters. The intent of this chapter is to insure the equitable leasing of Alaska land in a manner that will encourage development for its highest and best use. This chapter may be referred to as the "Surface Leasing Regulations."

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.075
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22

11 AAC 58.910 Definitions

In this chapter

(1) "agricultural lands" means those lands which, because of location, adjacent development, physical and climatic features, are or may be made suitable for the production of agricultural crops;

(2) "Act" means the Alaska Land Act, AS 38.05;

(3) "Alaska" means State of Alaska;

(4) "Alaska lands" means all lands including shore, tide and submerged lands, or resources belonging to or hereafter in any manner acquired by Alaska;

(5) "classification" means the designation of lands according to their apparent best use;

(6) "commercial lands" means those lands which, because of location, physical features or adjacent developments, may best be utilized for nonindustrial business purposes;

(7) "commissioner" means the Commissioner of the Department of Natural Resources;

(8) "department" means the Department of Natural Resources;

(9) "director" means the Director of the Division of Lands, Department of Natural Resources;

(10) "division" means Division of Lands within the Department of Natural Resources. Administrative powers and other delegated duties as prescribed by law or regulations are vested in the director;

(11) "fair market value" means the highest price, estimated in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used;

(12) "grazing lands" means those lands which in their natural state have the physical and climatic features that make them primarily useful for the pasturing of domestic livestock;

(13) repealed 2/8/2001;

(14) "land" means all lands under the jurisdiction of the division;

(15) "lease" means a surface lease issued or held pursuant to the Act and these regulations;

(16) repealed 2/8/2001;

(17) repealed 2/8/2001;

(18) repealed 2/8/2001;

(19) "private recreation lands" means those lands which because of their location, physical features or adjacent development are chiefly valuable as outdoor recreational areas and may best be utilized by private noncommercial development;

(20) "regulations" means the leasing regulations contained in this chapter, as well as all other pertinent regulations promulgated by the department;

(21) "reserved use lands" means those lands which have been transferred, assigned or designated for present or future use by a governmental or quasi-governmental agency or for townsite development;

(22) "residential lands" means those lands which because of location, physical features or adjacent development may best be utilized for single or multiple unit dwellings;

(23) "sale" means the transferring of title to real property from the state to another for a consideration;

(24) "state" means State of Alaska;

(25) repealed 2/8/2001;

(26) repealed 2/8/2001;

(27) repealed 2/8/2001;

(28) repealed 2/8/2001;

(29) repealed 2/8/2001;

(30) repealed 2/8/2001;

(31) "youth encampment" means a program, offered by a nonprofit organization, that provides organized, supervised experiences and opportunities in outdoor recreation and living, and personal and social development for children and young adults, that includes daytime facilities or area for overnight camping, and that is used during any three months of a year;

(32) "rental" means any form of compensation that the lease requires the lessee to pay, as set out in AS 38.05.073(m).

History

Authority: AS 38.05.020; AS 38.05.097 AS 38.05.035; AS 38.05.810
Eff. 7/1/60, Register 1; am 8/15/64, Register 17; am 3/20/66, Register 22; am 3/22/69, Register 28; am 3/30/83, Register 85; am 2/8/2001, Register 157

Chapter 60 Grazing Leases

11 AAC 60.010 Lands available for leasing

(a) Grazing leases may be issued on all lands except those which have been classified as "open to entry" pursuant to AS 38.05.077, and those lands classified as "public recreation lands" "reserved use" lands under ch. 52 of this title.

(b) Lands classified under ch. 52 of this title as "residential lands," "private recreation lands," "agricultural lands," "commercial lands," "industrial lands" or "utility lands" shall be available for short term leasing only, as provided for in sec. 40(a) of this chapter.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.020 Application fee

An applicant for a grazing lease must apply to the division on a form provided by the department. The application fee prescribed by 11 AAC 05.230 must accompany each application.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.070
Eff. 4/16/70, Register 34; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 60.030 Reclassification

(a) The state specifically reserves the right to reclassify all or a portion of the leased area to other uses in accordance with 11 AAC 52.190.

(b) Reclassification of a portion of a leased area shall, whenever possible, be carried out in a manner which will minimize interference with the grazing use of the remaining lease area.

(d) The director shall adjust the lease rental to reflect changes in the leased area occasioned by any such reclassification.

History

Authority: AS 38.05.020; AS 38.05.070; AS 38.05.300
Eff. 4/16/70, Register 34

11 AAC 60.040 Term of lease

(a) Leases on land subject only to short term leasing under sec. 10(b) of this chapter shall not exceed a term of five years.

(b) All other leases shall be for any period as determined by the director to be in the best interest of the state, provided the term of the initial lease and any renewal thereof pursuant to AS 38.05.100 does not exceed a total of 55 years.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.050 Lease rates

The value of the leased lands for purposes of auction minimum valuations, periodic reappraisals, and lease renewals, shall be determined on the basis of the value of the lands for grazing purposes. The grazing lease rates shall give due consideration to estimated carrying capacity for winter and summer use, the use of lands for the growing of forage to be consumed on the grazing lease, and other pertinent economic factors. The minimum leasing rate shall be $0.03 per acre per annum.

History

Authority: AS 38.05.020; AS 38.05.070; AS 38.05.310
Eff. 4/16/70, Register 34

11 AAC 60.060 Lease utilization

Grazing leases shall be utilized only for purposes within the scope of the lease provisions, and the land classification. Utilization or development of the leased land for other than the allowed uses shall be grounds for cancellation of the lease. Failure to make substantial use of all or any part of the land, consistent with accepted range practices shall constitute grounds for cancellation.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.070 Identification of livestock

All livestock permitted on a state grazing lease shall be properly identified and such identification registered in accordance with AS 03.40.010 - 03.40.270. In addition, the director may require that the livestock be tagged, dyed or otherwise marked as a control on numbers permitted on a lease in accordance with the annual operating plan.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.080 Non-use

(a) To maintain the land at its highest productive capacity, the director may, at any time during the life of the lease, when he deems it necessary, declare all or any part of the lease to be in non-use. The period of non-use may be for any specified length of time up to the expiration of the lease itself.

(b) The lessee shall be given written notice of a declaration of non-use, and the director shall adjust the lease rental to reflect any reduction in the leased area resulting from such declaration.

(c) The lessee may at any time during the life of the lease take non-use on any or all of the grazing lease to adjust or improve operations under the lease. He cannot take non-use, however, merely to hold a grazing lease.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.090 Sub-leases

(a) Under no circumstances shall a lessee be permitted to sub-lease a grazing lease.

(b) Grazing lessees may, with the prior written approval of the director, pasture livestock owned by others on a temporary basis.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.100 Range improvements

(a) Lessee shall not make range improvements without first obtaining the written approval of the director.

(b) Applications to construct range improvements shall indicate the location of the proposed improvements, the necessity for such improvements, the estimated cost thereof, and that the improvements, as proposed, will not impair the value of the land or interfere with other reasonable uses thereof.

History

Authority: AS 38.05.020; AS 38.05.070; AS 38.05.090
Eff. 4/16/70, Register 34

11 AAC 60.110 Other improvements

(a) Grazing lessees desiring to construct other improvements of a permanent nature, such as housing, barns, sheds, slaughterhouses, silos and grain or hay storage buildings, etc., within the grazing lease area, must apply for either the sale or lease of the lands under chs. 54, 57, or 58 of this title.

(b) If the proposed lease or sale is considered to be in the best interest of the state, the lands involved will be excluded from the grazing lease and may be leased or sold in accordance with existing lease or sale procedures. In no event may the lands sold or leased exceed 40 acres, except that this limitation does not apply for a sale of an agricultural interest under ch. 57 of this title.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34; am 9/7/78, Register 67

11 AAC 60.120 Water rights

Any waters required for the full use and enjoyment of a grazing lease may be appropriated and reserved for the lessee's use by the director upon request of the lessee. Any such appropriation shall be in the name of the state and inure to the grazing lease lands, and be consistent with the provisions of the Water Use Act. The lessee shall be required to furnish such information as is necessary and requested by the director in order to effect an appropriation.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.130 Recreational and other compatible uses

(a) The lessee shall not interfere with the right of the public to enter the land for lawful pursuit of game animals, the taking of fish, the trapping of fur animals, or for temporary camping or other compatible uses.

(b) In order to protect the lessee's interest, the director may, if he deems necessary, grant written permission to post certain key areas.

History

Authority: AS 38.05.020; AS 38.05.070; AS 38.05.285
Eff. 4/16/70, Register 34

11 AAC 60.140 Stock driveways

(a) In the event that an individual with livestock must cross the grazing lease of another, the livestock must be kept within the bounds of the stock driveway. The stock driveway will be adequately marked on both exterior boundaries.

(b) Prior to the movement of livestock, the lessee must apply to the director for a crossing permit, stating the dates of movement and the numbers being moved.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.150 Conversion privileges

(a) A lessee holding a grazing lease which has been issued pursuant to 11 AAC 58.030 or 11 AAC 58.040 may at any time convert the lease to a grazing lease subject to the provisions of this chapter.

(b) The term of the lease issued under such a conversion shall be identical to the term remaining on the original lease.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.160 General provisions

State grazing leases shall be issued subject to the general provisions contained in ch. 58 of this title, and, in addition, subject to the particular terms and conditions specified in ch. 60 of this title.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.170 Purpose - short title

The purpose of ch. 60 of this title is to ensure leasing of state range lands in a manner that will encourage development of the land consistent with its highest and best use. This chapter of this title may be referred to as the "GRAZING LEASE REGULATIONS."

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

11 AAC 60.180 Definitions

In this chapter

(1) "crossing permit" means a permit, issued by the director, authorizing the use of a stock driveway to move livestock on or off the range;

(2) "grazing lands" means those lands which in their natural state have the physical and climatic features that make them primarily useful for the pasturing of domestic livestock;

(3) "preference right grazing lease" means a grazing lease granted to a lessee whose federal grazing lease was cancelled to allow the land under lease to be selected by the state;

(4) "land" means all lands under the jurisdiction of the division;

(5) "non-use" means the discontinuance of use of all or part of a leased area in order to enable the resource to return to its normal productivity;

(6) "range improvement" means any improvement necessary for use of the lease for grazing of livestock, such as fences, corrals, loading and branding chutes, clearing and cultivation of lands for forage crops and survey of lands;

(7) "stock driveway" means a route, designated by the director, and marked along its exterior boundary, over which livestock are permitted to move across grazing lease areas.

History

Authority: AS 38.05.020; AS 38.05.070
Eff. 4/16/70, Register 34

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.040 Herring spawn covenant

Repealed 8/19/77.

11 AAC 62.050 Classification

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.060 Mining

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.070 Materials

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.140 Deposits

Repealed 8/19/77.

11 AAC 62.150 Site examination

The director or his representative shall have the right to enter upon any state held tidelands that are leased or upon which a permit was granted to make any and all examinations or investigations that are deemed necessary.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.160 Loss of preference rights; outside municipality

An occupant not seaward of a municipal corporation claiming a Class I, Class II, or Class III preference right shall lose same unless said occupant makes application to the director to exercise such preference right within two years from the effective date of these regulations, excepting, however, an occupant of tide or submerged land seaward of a municipal corporation, or any lands which the director may convey to a municipal corporation under these regulations shall not be deprived of his preference right should the municipality fail or refuse to exercise its right to a conveyance within the time prescribed by these regulations, but such preference right shall be extended to said occupant for a period of two years subsequent to the last day said municipality may exercise its preference right.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.170 Loss of preference rights; municipality

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.180 Unoccupied and unappropriated state owned tide and contiguous submerged lands

When not limited by general law, the non-exclusive use of unoccupied and unappropriated state owned tide and submerged lands shall not be denied any citizen of the United States or resident of Alaska.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.190 Waste or injury to land

Repealed 8/19/77.

11 AAC 62.200 Applications

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 1/1/86, Register 96; repealed 8/6/94, Register 131

11 AAC 62.210 Appeal

An eligible person affected by a decision issued under this chapter may appeal that decision in accordance with 11 AAC 02.

History

Authority: AS 38.05.020; AS 38.05.820; AS 44.37.011
Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 62.220 Appeal - notice

Repealed 11/7/90.

11 AAC 62.230 Finality of decisions

Repealed 11/7/90.

11 AAC 62.240 Completion of purchase requirements

Following the appeal period and the commissioner's approval and ruling, as the case may be, the director shall notify the applicant that the division is prepared to issue an appropriate contract. Upon receipt of the notice, the applicant shall be granted 30 calendar days in which to remit to the division any sums that may be due and shall also complete all necessary documents. Failure to do so shall result in the forfeiture of any and all rights previously acquired under the proposed sale, grant, or lease, and in addition, moneys paid to or deposited with the division shall be forfeited pursuant to sec. 140.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.250 Jurisdiction

This part shall govern all surveys on tidelands, submerged lands, or shore lands within the State of Alaska, which outline an area to be transferred to the occupant by the state.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.340 Application; municipal corporation

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.350 Proof of qualifications

Each municipal corporation submitting an application for conveyance of lands seaward of their corporate boundaries shall submit to the director an affidavit stating the date of incorporation, or a certified copy of the charter.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.420 Final plat of survey for municipal corporations

Upon the director's approval and acceptance of the requirements set out in this section, the municipal corporation, at its own expense, shall furnish a final survey plat as specified in AS 38.05.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 8/6/94, Register 131

11 AAC 62.430 Occupant not seaward of municipal corporation or surveyed townsite having class I preference right

Repealed 8/19/77.

11 AAC 62.440 Applications; Class I preference right

Tidelands application Form DL-84 shall be completed as required by sec. 200 of this chapter and accompanied with the necessary data required by sec. 270 of this chapter. The director shall, within 60 days after receipt of the application, issue his tentative approval or disapproval as to the content and form of said application and, if disapproved, shall state his reasons therefor.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.450 Proof of qualifications

Persons claiming a Class I preference right to tide and contiguous submerged lands not seaward of a municipal corporation or surveyed townsite shall submit an affidavit of occupancy on Form DL-85, and such additional proof as deemed necessary by the director. The affidavit shall be submitted to the director with the application.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.460 Public notice

Repealed 8/19/77.

11 AAC 62.470 Deposits

Repealed 8/19/77.

11 AAC 62.480 Final plat of survey for nonmunicipal applicants

Upon the director's approval of the application, the applicant shall, at the applicant's own cost, furnish a final plat of survey to the division.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 8/6/94, Register 131

11 AAC 62.490 Site examinations

The director or his representative shall be allowed to enter upon and conduct any examination or survey of tidelands pursuant to sec. 150 of this chapter.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.500 Additional tide and submerged lands

Repealed 8/19/77.

11 AAC 62.510 Loss of preference rights

Repealed 8/19/77.

11 AAC 62.520 Conveyance of title

Upon fulfillment of all the necessary requirements herein, the director shall cause title to be conveyed.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.530 Occupant not seaward of municipal corporation but seaward of townsite having a Class III preference right

Repealed 8/19/77.

11 AAC 62.540 Waiver

The waiver shall be executed on Form DL-86 obtained from the director and when properly completed shall be returned, together with the application, to the director.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.550 Application

Repealed 8/19/77.

11 AAC 62.560 Failure to execute waiver

Repealed 8/19/77.

11 AAC 62.570 Loss of preference right

Should the holder of a Class II preference right fail to obtain a Class I preference right by completing the waiver on Form DL-86 within two years from the effective date of these regulations, his right to procure a Class I preference right shall be lost.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.580 Occupant not seaward of municipal corporation having a Class III preference right

Repealed 8/19/77.

11 AAC 62.590 Application; Class III preference right

Tidelands application Form DL-87 for purchase of such lands shall be completed pursuant to sec. 200 of this chapter and returned to the director with the necessary data prescribed by sec. 270 of this chapter. The director shall, within 60 calendar days after receipt of application, issue his tentative approval or disapproval as to the contents and form of said application and, if disapproved, shall state his reasons therefor.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.600 Proof of qualifications

Persons claiming a Class III preference right to tidelands not seaward of a municipal corporation shall submit an affidavit of occupancy on Form DL-85 and such additional proof as deemed necessary by the director. The affidavit shall be submitted to the director with the above application.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.610 Public notice

Repealed 8/19/77.

11 AAC 62.620 Deposits

Repealed 8/19/77.

11 AAC 62.630 Site examinations

The director or his representative shall be allowed to enter upon and conduct any examination or survey of tidelands pursuant to sec. 150 of this chapter.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.640 Final plat of survey

Repealed 3/27/80.

11 AAC 62.650 Appraisal

The director or his representative shall appraise or have appraised all tidelands that may be sold. The appraisal shall be the fair market value thereof, exclusive of any value occurring from improvements or development, such as fill material, buildings or structures thereon, by such occupant or his successor in interest or reflecting equities of the occupant.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.660 Additional lands

Repealed 8/19/77.

11 AAC 62.670 Loss of preference rights

Repealed 8/19/77.

11 AAC 62.680 Payment and conveyance of title

(a) The applicant has the option of buying the land outright for the total amount of the appraised value in order to immediately receive title, or entering into a land sale contract in order to purchase the land over an extended period.

(b) If the purchaser elects to buy the land outright, payment shall be by cash and/or certified and/or cashiers check and/or money order, and all checks shall be payable to the State of Alaska, Department of Revenue, and the director or his representative shall immediately issue a receipt containing a description of the tidelands purchased, the price, and terms of sale, which receipt shall be acknowledged in writing by the purchaser.

(c) A person purchasing land under a land sale contract shall pay the principal sum remaining after the minimum down payment in annual installments as specified in the contract. Interest must be charged on all land sale contracts on unpaid balances in accordance with AS 38.05.065.

(d) The director, with the consent of the commissioner, may also impose such conditions, limitations, and terms as he deems necessary and proper to protect the interest of the state. Violations of any provisions of this Act or the terms of the contract of sale shall subject the purchaser to appropriate legal action, including but not limited to, cancellation of the contract in accordance with applicable Alaska Law.

(e) When the terms of the contract are fulfilled, the director shall issue the appropriate title documents.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 8/6/94, Register 131

11 AAC 62.690 Non-preference right tidelands

When in the best interest of the state, the director may grant leases or permits for the use of state owned tidelands.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.700 Leasing

State owned tide and submerged lands shall be leased pursuant to ch. 58 of this title. In addition to the requirements set forth in ch. 58 of this title, the applicant shall submit a development plan that shall state

(1) the purpose of the proposed construction or improvement;

(2) the type of construction; and

(3) the date construction will begin and estimated date of completion.

History

Authority: AS 38.05.020; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

11 AAC 62.710 Tidelands permits

Repealed 8/19/77.

11 AAC 62.720 Application for tideland permits

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 1/1/86, Register 96; am 8/6/94, Register 131; repealed 12/7/2002, Register 164

11 AAC 62.730 Restrictions and requirements

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 8/6/94, Register 131; repealed 12/7/2002, Register 164

11 AAC 62.740 Plat of survey

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 8/6/94, Register 131; repealed 12/7/2002, Register 164

11 AAC 62.750 Bond

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 12/7/2002, Register 164

11 AAC 62.760 Deviation of plans

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 12/7/2002, Register 164

11 AAC 62.770 Responsibility

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 12/7/2002, Register 164

11 AAC 62.780 Duration

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; am 8/6/94, Register 131; repealed 12/7/2002, Register 164

11 AAC 62.790 Renewal of permit

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.800 Removal or reversion of improvements upon termination of permit

Repealed 8/19/77.

11 AAC 62.810 Tideland right-of-way and/or easement permits

Repealed 8/19/77.

11 AAC 62.820 Limited personal use permit

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.830 Application for limited personal use permit

Repealed.

History

Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131

11 AAC 62.840 Definitions

In these regulations the following terms shall have the meaning indicated unless the context clearly requires a different meaning:

(1) "Act" means the Alaska Land Act, AS 38.05;

(2) "commissioner" means the Commissioner of the Department of Natural Resources of Alaska;

(3) "director" means the Director of the Division of Lands of the Department of Natural Resources;

(4) "division" means the Division of Lands within the Department of Natural Resources. Administrative powers and other delegated duties as prescribed by law or regulations are vested in the director;

(5) "filing hours" are the hours between 10:00 a.m. and 3:00 p.m. on business days, which are Mondays through Fridays, except holidays;

(6) "land" means all tide and submerged lands under the jurisdiction of the division;

(7) "lease" means a lease issued or held pursuant to chs. 58, 64 and 80 of this title;

(8) "order" means a determination made by the director or the commissioner in accordance with authority lawfully vested in him, issued in writing, filed in the permanent files of the division, posted in a conspicuous place in the offices of the division, and made continuously available for inspection by the public;

(9) "section" means a section of these regulations;

(10) "part" means a part of these regulations;

(11) "person" means any person, firm, corporation, cooperative association, partnership or other entity legally capable of owning land or an interest therein;

(12) "occupant" means any person as defined herein, or his successor in interest, who actually occupied for any business, residential, or other beneficial purpose, tidelands, or tidelands and submerged lands contiguous thereto, within the state, on or prior to January 3, 1959, with substantial permanent improvements. The holder of a permit of clearance in respect to interference of navigation, or of a special use permit from a government agency will not qualify as an "occupant" unless such entry on the land had, through exercise of reasonable diligence, resulted in actual occupancy and substantial permanent improvements as hereinafter mentioned. No person shall be considered an occupant by reason of having

(A) placed a fish trap in a position for operation or storage upon the tide, shore, or submerged land;

(B) placed a setnet or piling therefor or any other device or facility for taking of fish;

(D) placed floats or vessels upon the tide, shore or submerged land;

(E) placed telephone, power or other transmission facilities, roads, trails or other improvements not requiring exclusive use of possession of tide or contiguous submerged lands; or

(F) claimed the land by virtue of some form of constructive occupancy.

Where land is occupied by a person other than the owner of the improvements thereon, the owner of the improvements shall, for the purposes of this section, be considered the occupant of such lands;

(13) "occupied or developed" means the actual use, control, and occupancy, but not necessarily residence, of the tide and contiguous submerged land by the establishment thereon of substantial permanent improvements;

(14) "improvements" shall mean buildings, wharfs, piers, dry docks, and other similar types of structures permanently fixed to the tide or contiguous submerged lands that were constructed and/or maintained by the applicant for business, commercial, recreation, residential, or other beneficial uses or purposes. In no event shall fill be considered a permanent improvement when placed on the tidelands solely for the purposes of disposing of waste or spoils. However, fill material actually utilized for beneficial purposes by the applicant shall be considered a permanent improvement;

(15) "fill" shall mean earth, gravel, rock, sand, or other similar materials placed upon tide or contiguous submerged lands for the purpose of elevating the lands for a specific useful purpose. The placement of earth, gravel, rock, sand, or other similar materials on tide or contiguous submerged land solely for the purpose of spoils disposal and thereafter abandoned and not used for any beneficial purpose shall not be considered fill;

(16) "substantial permanent improvement" shall for these regulations have the same meaning as improvements defined in sec. 840(14);

(17) "reclaimed or constructed tide or contiguous submerged lands" is here defined as those lands resulting by purposeful filling of tide or contiguous submerged lands;

(18) "preference right," subject to the classifications thereof established hereafter, means and includes the right of an occupant to acquire by grant, purchase, or otherwise, at the election of the occupant, except as otherwise limited or prescribed in this Act, any tract or tracts of tideland, or tideland and submerged land contiguous thereto, occupied or developed by such occupant on and prior to January 3, 1959;

(19) "Class I preference right." A Class I preference right shall be extended to persons who occupied and developed tide and contiguous submerged lands seaward of a surveyed townsite on and prior to September 7, 1957, after executing a waiver to the state of all rights such occupant may have had pursuant to Public Law 85-303. If the occupied and developed land is seaward of a municipal corporation, a waiver must also be made to the corporation. Upon execution of the waiver, such persons or their successor in interest, have the right to acquire such occupied and developed tide and contiguous submerged lands from the state or the municipality for a consideration not in excess of the cost of survey, transferring and conveying title.

A Class I preference right shall also be extended to persons who occupied and developed tide and contiguous submerged lands not seaward of a surveyed townsite on and prior to September 7, 1957. Such persons, or their successor in interest, are not required to sign a waiver and shall have the right to acquire such occupied and developed tide and contiguous submerged land from the state for a consideration not in excess of the cost of survey, transferring and conveying title;

(20) "Class II preference right." A Class II preference right shall be accorded to Class I preference right claimants who refuse to execute a waiver to the state or to the state and municipality of any rights such occupants may have acquired pursuant to Public Law 85-303. It shall be mandatory for such municipal corporation and the director to expeditiously honor the application from the occupant after the Secretary of the Army has submitted to the Secretary of the Interior and the Governor of the state maps showing the pierhead line established by the Corps of Engineers with respect to the tract so granted.

Pierhead lines have not been established in Alaska, nor is the establishment of such lines probable in the forseeable future. Therefore, the most expedient method of acquiring such lands occupied and developed seaward of a surveyed townsite on and prior to September 7, 1957, is by obtaining a Class I preference right;

(21) "Class III preference right" shall mean the preference right extended to a person who occupied and developed tidelands after September 7, 1957, and who continued to occupy the same on January 3, 1959. Such persons, or their successor in interest, have the right to acquire such occupied and developed tidelands for a consideration not in excess of the cost of appraisal, administering and transferring plus the appraised fair market value thereof, exclusive of any value occurring from improvements or development, such as fill material, building, or structures thereon;

(22) "permit preference" is herein defined as that privilege of the upland owner to acquire first choice over other non-preference right claimants to a permit for like use and enjoyment of the state owned tide or contiguous submerged lands abutting his property;

(23) "lease or permit preference." The holder of a valid Corps of Engineers Permit issued prior to November 15, 1959 may be accorded preference to a lease or permit by the state if justified in accordance with the policy of AS 38.05, as amended, and if in the best interest of Alaska. Such preference shall be subordinate to all other preferences recognized under this Act;

(24) "upland owner" is herein defined as that owner whose upland property abuts the line of mean high tide;

(25) "shore lands" means all lands which are covered by non-tidal waters that are navigable under the laws of the United States up to ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction;

(26) "tidelands" means those lands which are periodically covered by tidal waters between the elevation of mean high and mean low tides;

(27) "submerged lands" means those lands covered by tidal waters between the line of mean low water and seaward to a distance of three geographical miles or as may hereafter be properly claimed by the state;

(28) "coast line" means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters;

(29) "mean high tide" at any place subject to tidal influence shall be interpreted as the tidal datum plane of the average of all the high tides as would be established by the U.S. Coast and Geodetic Survey. "Mean High Water Line" shall be interpreted as the intersection of the datum plane of mean high water with the shore;

(30) (A) "mean lower water" at any place subject to tidal influence shall be interpreted as the tidal datum plane of the average of the low tides as would be established by the U.S. Coast and Geodetic Survey;

(B) "mean lower low water" at any place subject to tidal influence shall be interpreted as the tidal datum plane of the average of the lower of the two low waters of each day as would be established by the U.S. Coast and Geodetic Survey;

(31) "harbor line" is defined as that line fixed by the Secretary of the Army which is the limit to which piers, wharves, bulkheads, or other work may be extended in navigable waters without further authorization, Section 11, River & Harbor Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 404);

(32) "pierhead line" is defined as a line fixed by the Corps of Engineers of the Department of Army that is parallel to existing line of mean low tide at such distance offshore from the line of mean low tide that said pierhead line shall encompass, to the landward, all stationary, manmade structures (but shall not encompass any part of breakwaters, bridges, or piers used for vessel dockage which part extends beyond such a parallel line marking the seaward extremity of other manmade structures) which were in existence as of February 1, 1957, to seaward of the particular townsite for which the pierhead line is being established, and shall encompass no more, Public Law 85-303 (71 Stat. 623) 1957;

(33) "natural resources" includes, without limiting the generality thereof, oil, gas, and all other minerals, but does not include fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine, animal and plant life, or water power, or the use of water for the production of power;

(34) "accretion" is defined as the gradual and imperceptible addition of new land to old by the natural deposition of sediments, i.e., sedimentation;

(35) "monument" shall be as described in sec. 300(d);

(36) "fair market value" is defined as the highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used;

(37) the singular number includes the plural;

(38) the masculine gender includes the feminine and the neuter.

History

Authority: AS 38.05.020; AS 38.05.365; AS 38.05.820
Eff. 7/20/60, Register 1; am 6/23/62, Register 5

Chapter 63 Aquatic Farmsite Permits and Leases

11 AAC 63.010 Applicability

(a) This chapter applies to aquatic farmsite leases issued under AS 38.05.083 for the development and operation of an aquatic farm or related hatchery, as the terms "aquatic farm" and "hatchery" are defined in AS 16.40.199. An aquatic farmsite lease will, in the commissioner's discretion, be issued for tideland, submerged land, and shoreland managed by the department under AS 38, but will not include land within a state park or other land that has been withdrawn from the state public domain. The aquatic farmsite lease will, in the commissioner's discretion, authorize (1) associated storage and housing facilities, including facilities on adjacent upland managed by the department under AS 38, in accordance with 11 AAC 63.040, and (2) incidental use of the lease site for temporary holding of commercially harvested wild stock acquired under AS 16.

(b) Repealed 6/14/98.

(c) A person who wants to acquire a property right to develop a site into an aquatic farm may apply for an aquatic farmsite lease in accordance with 11 AAC 63.030. A lease applicant might be eligible for a preference right if the applicant has an aquatic farmsite permit under former AS 38.05.856 (11 AAC 63.090(a)) or is an upland owner or lessee (11 AAC 63.040(f)). A preference right is not an entitlement to receive the lease, but it protects the applicant against some or all competition for it.

History

Authority: AS 38.05.020; AS 38.05.083
Eff. 7/1/89, Register 110; am 6/14/98, Register 146

11 AAC 63.020 Application periods

(a) The commissioner will schedule a period in which aquatic farmsite lease applications may be filed at least every other year from January 1 through April 30. The commissioner will schedule a public review and comment period on the preliminary best interest finding in the subsequent fall. If a filing period is not scheduled for the general public to file aquatic farmsite lease applications, a lessee entering the last year of a lease that is in good standing has the right to apply for a new lease before the expiration of the current lease.

(b) The commissioner will give notice of the opening of a lease application period by publication, beginning before the application period opens, in at least one newspaper of statewide circulation or general circulation in southcentral Alaska and one newspaper of general circulation in southeast Alaska, and by sending the notice to persons on the aquatic farming mailing list maintained under 11 AAC 63.060(c).

(c) The commissioner will, in the commissioner's discretion, set application filing guidelines, such as minimum distances from anchorages or the mouths of anadromous fish streams at which an aquatic farmsite may be located. If the commissioner sets application filing guidelines, the commissioner will include the filing guidelines in the application packets available at the places listed in the public notice announcing the application period.

(d) Repealed 6/14/98.

History

Authority: AS 38.05.020; AS 38.05.083
Eff. 7/1/89, Register 110; am 6/14/98, Register 146

11 AAC 63.030 Aquatic farmsite lease applications

(a) An aquatic farmsite lease application is subject to 11 AAC 67.007. The application must

(1) be submitted on a multi-agency application form;

(2) include the non-refundable application fee required by 11 AAC 05.230;

(3) include a clear identification of the site on a U.S.G.S. map at a scale of 1:63,360 or a navigation chart, and a clear scaled drawing of the proposed site plan and lease boundaries, as required by the application form;

(4) repealed 6/14/98;

(5) comply with all application filing guidelines set under 11 AAC 63.020(c); and

(6) state whether the applicant proposes incidental use of the lease site for temporary holding of commercially harvested wild stock acquired under AS 16.

(b) Each application must include sufficient detail on the applicant's proposed site improvements, and the schedule for their proposed installation, to allow the commissioner to determine the amount of the security required under 11 AAC 63.080. The site plan and installation schedule constitute a development plan for the department's purposes. In addition, the applicant shall include in or with the application details such as the amount of rearing structures (gear density), the species to be raised, and expected minimum and maximum production levels for the purposes of review by the Department of Fish and Game under AS 16.40.105. The development plan must result in commercial use of the site beginning no later than the fifth year of the lease operations and continuing for the rest of the lease term. Commercial use of the site means annual sales of aquatic farm products, as that term is defined in AS 16.40.199, of at least $3,000 per acre or fraction of an acre, or $15,000 per farm, whichever is less.

(d) Except as provided in 11 AAC 63.040(f), all complete applications received during an application period are considered to have been simultaneously filed. To reduce cumulative impact on the environment and natural resources of an area, the commissioner will, in the commissioner's discretion, limit the number of leases to be issued in that area. If the number of applications filed for a particular area exceeds the number of sites that the commissioner decides to lease, the commissioner will offer the limited number of lease sites by competitive bid, at either a sealed-bid or oral outcry auction.

(e) If two applications overlap in an area where the commissioner does not propose to limit the number of lease sites, the commissioner will, in the commissioner's discretion, amend the applications to eliminate the overlap, or offer the lease site by competitive bid.

(f) If an application overlaps an existing aquatic farmsite permit or lease that is in good standing, or any other surface lease, as shown on the department's public land records, the commissioner will deny the application. However, the provisions of this subsection do not apply if the application is filed by the lessee of an existing aquatic farmsite.

(g) The commissioner will, in the commissioner's discretion, amend an application to eliminate an overlap or to eliminate or reduce other site or resource use conflicts.

History

Authority: AS 38.05.020; AS 38.05.075 AS 38.05.070; AS 38.05.083
Eff. 7/1/89, Register 110; am 6/14/98, Register 146; am 12/27/2012, Register 204; am 7/1/2018, Register 227

11 AAC 63.040 Associated facilities; upland owner preference right; upland owner access right

(a) The commissioner will, in the commissioner's discretion, authorize associated facilities for storing equipment or housing personnel at an aquatic farmsite, including upland managed by the department under AS 38, if the commissioner is satisfied that the associated facilities are necessary for aquatic farming. An applicant who wants authorization for associated facilities must request it as part of the lease application so that it can be considered during agency and public review. If a lessee intends to anchor or stay at the aquatic farmsite for a period of more than 14 consecutive days, the lessee shall disclose this intent in writing as part of the lessee's lease application. The lessee's intent to stay or anchor at the aquatic farmsite for more than 14 days is a factor to be considered in appraising the fair market value of the lease.

(b) The conditions in this subsection apply to an authorization for personnel housing at an aquatic farmsite. The commissioner will authorize personnel housing only if the applicant shows that (1) the level of site development at the time the housing is expected to begin will require that personnel be present on a daily basis, (2) the personnel cannot reasonably commute to the site by road, boat, or aircraft on a daily basis, and (3) nearby land suitable for housing is not available for rent or sale. The housing facility may not be used as the personnel's permanent place of abode. It must be designed and constructed so that it can be removed and the site completely restored within 30 days if the lease terminates or if housing personnel at the aquatic farmsite ceases to be necessary. The housing facility may not be placed on a permanent foundation.

(c) The conditions in this subsection apply to an authorization for floating housing at an aquatic farmsite. The commissioner will authorize floating housing only if that use is consistent with the floathouse provisions and management intent of an applicable land use plan or zoning ordinance, and if the Department of Environmental Conservation determines that floating housing would not result in degraded water quality that would be incompatible with raising shellfish or aquatic plants for human consumption.

(d) The nature and extent of associated facilities are a factor in setting the security amount under 11 AAC 63.080 and appraising the fair market value of a lease.

(e) After a lease terminates, the former lessee has no entitlement or preference right to continue using or occupying any portion of the former aquatic farmsite, including anchoring a floathouse at the site or on other state land, unless the person has obtained a new authorization from the department.

(f) Under this subsection, the commissioner grants an aquatic farmsite lease preference right to eligible upland owners and lessees in order to increase the compatibility of aquatic farming with upland management policies. The owner or lessee of adjacent or nearby upland may request a preference right to an aquatic farmsite lease by agreeing to place the owner's or lessee's associated facilities for storing equipment or housing personnel on the owner's or lessee's own land or leasehold rather than on state-owned land or other public land. The following apply to a preference right under this subsection:

(1) For an upland owner or lessee to be eligible, the applicant's development plan must demonstrate that the associated facilities are necessary for aquatic farming.

(2) For an upland lessee to be eligible, the term of the upland lease must equal or exceed the term of an aquatic farmsite lease. A U.S. Forest Service special use permit does not constitute a leasehold interest that would make the holder eligible for a preference right under this subsection.

(3) A preference right granted under this subsection is secondary to a preference right that the department provides under 11 AAC 63.090(a).

(4) If the number of applications eligible for a preference right for an upland owner or lessee exceeds the number of leases that the commissioner decides to grant, the commissioner will hold an auction as set out in 11 AAC 63.030(d) among the preference-eligible applications only.

(5) An upland owner or lessee who wants a preference right for aquatic farming shall apply under this subsection rather than under AS 38.05.075(c). AS 38.05.075(c) does not give an upland owner or lessee an entitlement or preference right to an aquatic farmsite lease.

(g) The commissioner may not issue an aquatic farmsite lease if issuing the lease would deny an upland owner's right of reasonable access to tidewater or deny access by boat to privately owned upland.

History

Authority: AS 38.05.020; AS 38.05.083
Eff. 7/1/89, Register 110; am 6/14/98, Register 146; am 12/27/2012, Register 204

11 AAC 63.050 Application review; best interest finding

(a) After an aquatic farmsite lease application period closes, the affected agencies will check the applications for completeness. If applications are filed for sites within a state game refuge or critical habitat area, the commissioner will request the approval of the commissioner of the Department of Fish and Game as required by AS 16.20.060 or 16.20.530.

(b) The commissioner will prepare a preliminary best interest finding on proposed aquatic farmsite leases for which applications have been timely filed, and on applications the commissioner intends to deny. The preliminary best interest finding will be made available for public and agency review during the fall that follows the application period. If the sites are unclassified, a proposed land use plan and classification order will be prepared, and will accompany or be included as part of the preliminary best interest finding for public review and comment. If the commissioner decides to amend or deny an application, to limit the number of sites to be authorized, or to offer a lease at auction rather than noncompetitively, the preliminary best interest finding must explain the reason. The finding must consider both advantages and disadvantages of the proposal. The following criteria are within the scope of the department's review:

(1) repealed 6/14/98;

(2) repealed 6/14/98;

(3) repealed 6/14/98;

(4) whether aquatic farming is compatible with land management policies applicable to the proposed aquatic farmsite and nearby upland, including legislative or congressional designations such as parks or wilderness areas and adopted federal, state, and local land use plans, land classifications, and zoning;

(5) whether aquatic farming conflicts with existing uses, or with pending uses, as that term is defined in 11 AAC 63.900, of the site and of nearby land, whether or not the nearby land is in state ownership; under this paragraph, the finding must consider

(A) impacts on nearby communities or residential land;

(B) traditional and existing uses of the site, including commercial fishing, sport fishing, subsistence activities, use as an anchorage, navigation, seaplane landing area, recreation, sightseeing, and tourism; consideration of this criterion will, in the commissioner's discretion, be combined with a traditional use finding if such a finding is required by AS 38.05.830;

(D) commercial or industrial facilities, such as log transfer facilities, salmon hatcheries, seafood processing plants, or harbor development, that might be incompatible with aquatic farming;

(6) how public access to and along public waters, and the upland owner's right of reasonable access to tidewater, will be ensured by reserving easements under 11 AAC 53 or by other means; if upland access to the water is limited to a specific point by topography, existing improvements, or other factors, the commissioner will ensure that aquatic farming facilities do not obstruct water access to that point;

(7) how the interests served by the public trust doctrine, specifically the public's right to use navigable waters and the land beneath them for navigation, commerce, fishing, and other purposes, will be protected;

(8) whether special lease provisions or other measures are needed to mitigate identified conflicts; for this purpose the commissioner will consult guidelines set out in an applicable land use plan or zoning ordinance; and

(9) other significant social, economic, and environmental effects of the proposed aquatic farming.

(c) In general, the commissioner will not grant aquatic farmsite leases that would encumber more than a third of the surface area estimated to exist at mean lower low water of a bay, bight, or cove, unless the commissioner finds that (1) it is in the state's best interest to concentrate leases in one such bay, bight, or cove so as to keep other specified water bodies completely unencumbered, (2) the cumulative impacts will not be excessive, and (3) the upland owner will retain a right of reasonable access to tidewater. The commissioner will include a finding under this subsection in the best interest finding, as well as in the land use plan if one is being prepared.

(d) The final best interest finding will include a summary of agency and public comments on the preliminary finding, and the department's responses to those comments.

History

Authority: AS 38.05.020; AS 38.05.083; AS 38.05.128 AS 38.05.035; AS 38.05.127
Eff. 7/1/89, Register 110; am 6/14/98, Register 146; am 12/27/2012, Register 204

11 AAC 63.060 Notice and opportunity to comment

(a) Notice under AS 38.05.945 that the preliminary best interest finding is available for written comment may be combined with notice of (1) the time, place, and location of a hearing, if one has been scheduled; (2) the opportunity to comment on a proposed land use plan and classification, if the land is not yet classified; and (3) the approximate date when the final best interest finding, as well as the final land use plan, if required, is expected to be issued. A person who comments on the preliminary best interest finding or proposed land use plan will be sent a copy of the final document.

(b) The commissioner will, in the commissioner's discretion, decide whether to hold a public hearing and will conduct the public hearing either in person or by teleconference. The commissioner will hold a public hearing at the written request of five or more persons who wish to testify.

(c) The department will maintain an aquatic farming mailing list of persons who ask to receive notice of application filing periods and notice of comment opportunities. The department will use the mailing list to notify recipients of opportunities for public comment and involvement such as the opening of an application filing period or the availability of a preliminary best interest finding.

(d) If the upland adjacent to an aquatic farmsite lease application is not managed by the department, the commissioner will notify the upland owner of the opportunity to comment under (a) of this section. If an aquatic farmsite lease applicant states that using upland for associated facilities is necessary for aquatic farming, and the upland owner notifies the commissioner in writing that the owner cannot or will not authorize the upland use, the commissioner will not grant the aquatic farmsite lease.

(e) Decisions made as a result of public and interagency comment will be incorporated into the final best interest finding under 11 AAC 63.050(d) and, if required, into the final land use plan.

History

Authority: AS 38.05.020; AS 38.05.083; AS 38.05.945
Eff. 7/1/89, Register 110; am 6/14/98, Register 146; am 12/27/2012, Register 204

11 AAC 63.070 Aquatic farmsite permit

Repealed.

History

Eff. 7/1/89, Register 110; repealed 6/14/98, Register 146

11 AAC 63.080 Required security

(a) For any aquatic farmsite lease, a bond, cash deposit, certificate of deposit, or other form of security acceptable to the commissioner must be posted and maintained in an amount determined by the commissioner to be sufficient to cover the cost of site cleanup and restoration and any associated cleanup costs after termination of the lease, including any unpaid rentals or other obligations accruing until site restoration is complete.

(b) The minimum security amount for a lease is $2500. However, if three or more lessees post an association bond to cover all of their leases, the minimum security amount is 50 percent of the amount individually calculated for each lease. The association must designate an agent for notification purposes. The association has the right to be notified of the termination of a lease covered by its association bond. If neither the former lessee nor the association completes the site restoration as required by AS 38.05.090, the department will use the association bond for this purpose, up to 100 percent of the amount individually calculated for that lease. The association may remove a lease in good standing from the coverage of its association bond after 60 days' notice to the department, during which time the affected lessee must make other arrangements to comply with this section. A lease that is in default or that has been terminated with site restoration still pending may not be removed from the coverage of an association bond.

(c) Factors that the commissioner will use in the commissioner's discretion in determining to require a higher amount of security include travel costs to reach the site for cleanup or inspection; the planned size and extent of improvements; whether the improvements, including associated facilities on state land, could be towed away for use by other operators, burned onsite, or disposed of at an authorized landfill; and whether heavy equipment would be needed for upland site restoration. The commissioner will, in the commissioner's discretion, subsequently change the amount of the required security, based on changes in the level of site development, new information, or other appropriate factors.

(d) When the former lessee restores the site to a condition acceptable to the commissioner, the security posted for the former lease will be released.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.083
Eff. 7/1/89, Register 110; am 6/14/98, Register 146

11 AAC 63.090 Transition; existing operator preference right; permits under AS 38.05.850

(a) If the commissioner finds that it is in the state's best interest to issue an aquatic farmsite lease, a person who has an aquatic farmsite permit in good standing that was issued under former AS 38.05.856 for that site has a preference right to the aquatic farmsite lease if

(1) by October 1, 1998, the person has developed an aquatic farmsite under former AS 38.05.855, as defined in 11 AAC 63.900(b); and

(2) the person applied for the site by October 20, 1997.

(b) Repealed 6/14/98.

(c) A person who has a permit issued under AS 38.05.850 and (e) of this section for research does not have a preference right to an aquatic farmsite lease that might be issued for the site.

(d) Repealed 6/14/98.

(e) Except as follows, a new permit will not be issued under AS 38.05.850 for aquatic farming purposes:

(1) A person may obtain a revocable permit under AS 38.05.850 solely for research or, to the extent allowed by 11 AAC 96, may undertake research without a permit from the department. Research includes placing data collecting equipment and organisms in the water. A permit may not be issued under AS 38.05.850 for testing the site's suitability for aquatic farming. The department will not issue a permit under this paragraph unless the Department of Fish and Game determines that the permit is for scientific rather than commercial purposes.

(2) In an emergency, the director will use the director's discretion under AS 38.05.850 to authorize the relocation of rafts or other rearing structures to another location until the emergency ends.

History

Authority: AS 38.05.020; AS 38.05.850Sec. 40, ch. 91, AS 38.05.083 SLA 1997
Eff. 7/1/89, Register 110; am 6/14/98, Register 146

11 AAC 63.100 Issuance of aquatic farmsite lease

(a) The commissioner will issue an aquatic farmsite lease if the commissioner finds in accordance with AS 38.05.035(e) and 11 AAC 63.050 - 11 AAC 63.060 that it is in the state's best interest. The commissioner will issue a lease at its appraised fair market rental value without competitive bid, or for the amount of the high bid at auction.

(b) Repealed 6/14/98.

(c) The term of an aquatic farmsite lease that was not awarded at auction is 10 years. The commissioner will, in the commissioner's discretion, require a boundary survey if needed to resolve an apparent boundary conflict or a dispute over acreage leased. The commissioner will require a survey meeting the requirements of AS 38.04.045 before issuing a lease for a term longer than 10 years.

(d) Before a lease is issued, security must be posted as required by 11 AAC 63.080.

(e) Before a lease is issued, a lease development plan must be approved by the commissioner, and will be incorporated as a provision of the lease. For a lease offered at auction, the commissioner will require the high bidder to propose a lease development plan for the commissioner's approval. The development plan must result in commercial use of the site, as defined in 11 AAC 63.030(b), beginning no later than the fifth year of the lease and continuing for the rest of the lease term.

(f) Repealed 6/14/98.

(g) Before a lease is issued, the future lessee shall pay the rent that is due under the first year of the lease. Lease rent for each subsequent year must be paid annually on or before the anniversary date of the lease.

History

Authority: AS 38.04.045; AS 38.05.035 AS 38.05.020; AS 38.05.083
Eff. 7/1/89, Register 110; am 6/14/98, Register 146

11 AAC 63.110 General lease provisions

An aquatic farmsite lease must contain at least the following provisions:

(1) A lessee shall operate so as to cause no significant damage to land, public trust resources, and public uses of public trust resources.

(2) A lease is subject to all applicable federal, state, and local law, including statutes and regulations in effect on its effective date; statutes and regulations placed in effect after its effective date, to the extent constitutionally permissible; and the public trust doctrine regarding the public's right to use navigable waters and the land beneath them for navigation, commerce, fishing, and other purposes.

(3) A lessee shall obtain and remain in compliance with all other federal, state, and local authorizations necessary for lawful operations.

(4) A proposed amendment to the lease development plan for the lease must be submitted to the department for approval before a change in development occurs, and must be accompanied by the application fee required by 11 AAC 05.230. However, under this paragraph

(A) the following changes do not require an amendment of the lease development plan:

(i) any change in the species or number of shellfish or aquatic plants being raised if the change is permitted by the Department of Fish and Game;

(ii) a change in the number or type of rearing structures authorized within the lease boundaries, if the change does not increase obstructions to navigation or to other public use;

(B) the department will not authorize a proposed amendment to the lease development plan for a "change of use"; for the purpose of this subparagraph and AS 38.05.083(d), "change of use" means a change from the raising of shellfish and aquatic plants to any other use; and

(C) the approval of an amendment of an aquatic farmsite lease does not relieve the lessee of the obligation to obtain other necessary authorizations.

(5) A lessee and its invitees may not use an aquatic farmsite for any unlawful purpose.

(6) A lessee may use an aquatic farmsite only for the purposes authorized by the lease, and the state reserves all other interests in the site. The rights granted by the lease must be exercised in a manner that does not unreasonably interfere with the rights of the state or of its permittees, lessees, or grantees, consistent with the principle of reasonable concurrent uses as set out in art. VIII, sec. 8, of the Alaska Constitution. A lessee shall pay for any damages that are payable by reason of the lessee's failure to comply with the requirements of this paragraph.

(7) A lessee shall comply with the approved development plan. Failure to comply with the commercial-use requirement set out in 11 AAC 63.030(b) is a default and cause for revocation, unless the lessee shows to the commissioner's satisfaction that the failure is due to circumstances beyond the lessee's reasonable ability to foresee or control. The lessee shall report annually to the department, no later than January 31, on sales during the previous year of shellfish and aquatic plants raised on the lease site, not including sales of commercially harvested wild stock that had been stored at the lease site. If the lessee provides this sales information to the Department of Fish and Game in an annual report, by copies of fish tickets, or by other means, the lessee may fulfill this paragraph's requirement for a sales report by asking the Department of Fish and Game to give a copy of the information to the department.

(8) A lessee's failure to timely comply with all express or implied provisions of the lease constitutes a default. If a lessee fails to cure the default or to begin and diligently continue to remedy the default within 60 days after written notice of the default and an opportunity to be heard, the commissioner will order suspension of site development or operations until compliance is achieved, or will take other action that the commissioner finds appropriate, including revocation of the lease or attachment of the site restoration security.

(9) With the commissioner's written consent, a lease that is in good standing may be relinquished.

(10) A lease that is in good standing may, with the prior written approval of the director, be assigned. The assignee shall promptly and diligently seek to obtain all authorizations necessary for lawful operations. The assignee is subject to all provisions of the lease in the same manner as the original lessee.

(11) The department reserves the right

(A) of reasonable access to the leasehold for purposes of inspection, including inspection of the lessee's improvements and rearing structures; when the department inspects the lessee's rearing structures, the department will not lift or handle underwater rearing structures without prior notice to the lessee; the notice to the lessee may include notice by the Department of Fish and Game in accordance with AS 16.40.150(b);

(B) upon 10 days' prior notice, to inspect records of the lessee that are necessary to verify the lessee's compliance with the lease provisions.

History

Authority: AS 38.05.020; AS 38.05.085; AS 38.05.920 AS 38.05.035; AS 38.05.095 AS 38.05.083; AS 38.05.103
Eff. 7/1/89, Register 110; am 6/15/98, Register 146; am 2/8/2001, Register 157; am 12/27/2012, Register 204; am 7/1/2018, Register 227

11 AAC 63.900 Definitions

(a) In this chapter,

(1) "aquatic farm" has the meaning given in AS 16.40.199;

(2) repealed 6/14/98;

(3) "aquatic farmsite lease" means a lease to operate an aquatic farm or related hatchery on state-owned public domain land in accordance with the approved development plan;

(4) repealed 6/14/98;

(5) "commissioner" means the commissioner of the Department of Natural Resources or the commissioner's delegate;

(6) "department" means the Department of Natural Resources;

(7) "director" means the director of the division of land or the director's delegate;

(8) "good standing" means being in compliance with all provisions of all required authorizations;

(9) "pending use" means a project documented by government agency plans or authorizations, the acquisition of property rights, or other evidence of investment-backed expectations that the use will occur;

(10) repealed 6/14/98.

(b) In this chapter and in sec. 40, ch. 91, SLA 1997, "developed an aquatic farm site under former AS 38.05.855" means that all planned capital improvements are in place and functioning at their planned capacity to produce aquatic plants or shellfish; however, the aquatic plants or shellfish need not be marketed or have reached marketable size in order to fulfill the development requirement.

History

Authority: AS 38.05.020; AS 38.05.085Sec. 40, ch. 91, AS 38.05.083 SLA 1997
Eff. 7/1/89, Register 110; am 6/14/98, Register 146

Chapter 64 Shore Fisheries Leasing

11 AAC 64.010 Short title

This chapter applies to leasing tide and submerged lands of the state for the purpose of shore fisheries development.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.020 Participation in shore fishery

No person is required to lease tide and submerged lands to participate in a shore fishery. However,

(1) upon written or verbal notification by a lessee holding a valid shore fishery lease issued under this chapter, a set gillnetter shall remove any net or nets from the site or tract of the lessee if the lessee personally begins to commercially fish the lease site; and

(2) no set gillnet may be set at less than the minimum distance established by Department of Fish and Game commercial finfish regulations set out in 5 AAC 03 - 5 AAC 39, from a net currently in use by a lessee holding a valid shore fishery lease issued under this chapter.

History

Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.030 Ownership

Repealed 3/30/85.

11 AAC 64.040 Advisory committees

The director will, in his or her discretion, accept recommendations from recognized associations or groups whose members are engaged in the practice of set gillnet fishing, or establish an advisory group to recommend resolutions involving application conflicts or protests.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.050 Tide and submerged land available for leasing

The director will, in his or her discretion, classify for leasing, under 11 AAC 55, all unappropriated tide and submerged land where set gillnet fishing is allowed by the Alaska Department of Fish and Game. After the director designates an area as open to leasing, the director will publicly invite lease applications for all or specific portions of the open areas.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.060 Permanent improvements disallowed

No lessee may erect a permanent installation, building, structure, fixture, or facility upon a lease tract or site.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.061 Staking and filing period

An applicant may stake a set gillnet site or tract, and may file an application for a shore fishery lease, annually from May 1 to September 1. The director will extend, close, suspend, or otherwise modify the period for staking and filing an application if the director determines in writing that it is in the best interests of the state to do so.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 3/30/85, Register 93

11 AAC 64.070 Size of lease tracts

(a) If an applicant has more than one set gillnet site, and the area between individual sites is not claimed by another person for set gillnet purposes, the applicant may include all such set gillnet sites in one lease tract if

(1) the maximum number of set gillnet sites included in one tract does not exceed that number allowed by 11 AAC 64.080;

(2) the maximum distance between set gillnet sites does not exceed twice the minimum distance, minus one foot, allowed between nets by Department of Fish and Game commercial finfish regulations, set out in 5 AAC 03 - 5 AAC 39, for the local area, unless otherwise determined by the director;

(3) the maximum distance of the tract side line from the nearest set gillnet site within the tract does not exceed one-half the distance allowed between set gillnet sites by Department of Fish and Game Commercial Finfish regulations set out in 5 AAC 03 - 5 AAC 39; and

(4) the maximum distance between the seaward end line of a tract and the landward end line of an offshore tract is not greater than one-half the distance from the seaward end of the nearest set gillnet as determined by Department of Fish and Game Commercial Finfish regulations set out in 5 AAC 03 - 5 AAC 39.

(b) In establishing the size and proper location of a tract, the director will, in his or her discretion, require the applicant to survey the tract.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.080 Maximum number of net sites and lease tracts

Except as provided otherwise in this section, the maximum number of sites allowed one applicant is that number established under Department of Fish and Game Commercial Finfish regulations set out in 5 AAC 03 - 5 AAC 39, except for Cook Inlet, where the maximum is three sites. The sites may be contained in one, two, or three tracts. In an area where, under established custom, the applicant has or currently uses the same set gillnet and other gear for high and low water sites, the director will, in his or her discretion, lease additional set gillnet sites, if the applicant submits proper justification.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.090 Staking of sites and tracts

Before submitting an application under 11 AAC 64.260, an applicant must stake each tract by placing the stake at the net anchor point. The location stake must be at least three feet above ground level and must support a sign showing the applicant's name, mailing address, limited entry permit number, and date of staking. For a low water tract, the location stake may be co-located with the high water stake. The sign on the low water stake must contain the information contained on the high water sign and must be labeled across the top as a low water site with the distance and bearing to the shoreward end of the net or net anchor point noted on the sign.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.190 Forfeiture of part or all of lease tract

Repealed 3/30/85.

11 AAC 64.200 Closed area

The director will not issue a lease in an area closed to commercial fishing by the Department of Fish and Game. The closure of an area by the Department of Fish and Game will not result in the termination of a lease for failure of reasonable utilization. The closure of an area will not extend the term of an issued lease. The lessee may, however, request an extension of a current valid lease as provided for under 11 AAC 64.391, if the area is reopened to commercial fishing.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.210 Closure of area after lease is issued

Repealed 3/30/85.

11 AAC 64.220 Hardship clause; waiver of rental

The director will, in his or her discretion, waive the annual rental in the case of substantial injury, illness, call to military service, or legal closure of the fishery. An application for a waiver must be postmarked at least 30 days before the date the annual rental is due.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.230 Qualifications of applicant

An applicant for a lease is qualified if the applicant

(1) is a citizen of the United States and is at least 18 years of age; and

(2) holds a valid limited entry permit or interim-use salmon setnet permit for the area within which a lease is requested.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.240 Trusteeship for minors

The director will, in his or her discretion, issue a lease in trust for the benefit of a minor who is 10 years of age or older if the minor is otherwise qualified to lease under 11 AAC 64.230. The trust automatically terminates upon the date of the minor's 18th birthday.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.250 Appointment of trustee

A person who is qualified under the laws of Alaska to act as a trustee may apply for approval to act as a trustee for a shore fishery lease on behalf of a minor. The director will issue the lease in the name of an approved trustee, subject to other provisions of this chapter. The trustee does not acquire any rights in the leased area by virtue of this trusteeship.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.260 Application

(a) An applicant shall file a shore fishery lease application with the department within 30 days after staking a shore fishery lease site. The filing date is determined by the postmark date of the application.

(b) A nonrefundable filing fee, as prescribed by 11 AAC 05.230, must accompany each application.

(1) the applicant's name, mailing address, and birthdate;

(2) if the applicant is a minor, the name and mailing address of the trustee;

(3) the applicant's limited entry permit or interim-use salmon setnet permit number;

(4) the date the site was staked;

(5) the number of seasons the applicant has commercially fished the site;

(6) the number of years the applicant has participated in a shore fishery;

(7) a description of the lease tract sufficient to locate the tract and sites on the ground and including the township, range, and protracted section in which the site is located, as well as the site's distance and bearing from the shoreward end of the net or net anchor point to a known fixed point, such as a permanent building, monument, or fixed natural feature;

(8) a U.S.G.S. map of not more than 1:63,360 scale showing the location of the site;

(9) a statement that the applicant intends to personally fish the site;

(10) a statement that the applicant has complied with the staking requirements of 11 AAC 64.090 and that the applicant is within legal net distances as established by Department of Fish and Game Commercial Finfish regulations set out in 5 AAC 04 - 5 AAC 39; and

(11) the names and addresses of adjacent right, left, shoreward and seaward setnet neighbors; if any.

(d) Upon acceptance of a shore fishery lease application, the division will send the applicant further instructions for completing a shore fishery diagram.

(e) Within 90 days after receipt of the instructions, the applicant shall provide the division with a completed and signed shore fishery diagram.

(f) If an applicant is unable to comply with any of the instructions for completing the shore fishery diagram, the applicant shall submit a notarized affidavit attesting to the reason or the cause for failing to comply. The affidavit will be made part of the lease document.

(g) Failure to provide the information required by this section constitutes grounds for denying the shore fishery lease application.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93; am 8/23/87, Register 103; am 7/1/2018, Register 227

11 AAC 64.270 Most qualified applicant

Repealed 8/19/77.

11 AAC 64.280 Proof of qualification

In addition to the information submitted with the application, the director may request such additional proof of qualification as is deemed necessary to help effect an equitable assignment of the disputed area. Failure to comply with any request for proof of qualification or additional information shall be reason for the disqualification of an applicant.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16

11 AAC 64.290 Determination by lot

Repealed 8/19/77.

11 AAC 64.300 Term of lease

Repealed 8/19/77.

11 AAC 64.301 Term of lease

Upon the successful completion of all requirements of this chapter, and the resolution of any protest filed, the director will issue a lease for a period not to exceed 10 years. In determining the term of a lease, the director will consider the stability of the beach within the area, as well as any other applicable considerations or factors.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 3/30/85, Register 93

11 AAC 64.310 Notice and posting

Repealed 8/19/77.

11 AAC 64.320 Deposits

Repealed 8/19/77.

11 AAC 64.330 Rights prior to leasing

The filing of an application for a lease shall not in any way vest any right in the applicant to a lease.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16

11 AAC 64.340 Conditional use

Repealed 3/30/85.

11 AAC 64.350 Issuance of lease

Repealed 3/30/85.

11 AAC 64.360 Proper location by the lessee

Repealed 3/30/85.

11 AAC 64.370 Annual rental

Annual rental shall be an approved proportionate share of the cost of administration of the total of the shore fishery development leasing costs, as determined by the director and concurred in by the commissioner. Annual rental shall be paid in advance of April 15, unless otherwise approved by the director, and shall be prorated from the 15th day of the month in which issued to the 15th day of April of the following year. All leases shall stipulate that the annual rental shall be subject to adjustment by the director at five year intervals and such adjustment is to be based on the administration costs involved, and shall in no way reflect the value of the leasehold.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16

11 AAC 64.380 Receipt of annual rental

The first year's rental shall be receipted on the lease; thereafter the director shall immediately issue receipts for all rents paid.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16

11 AAC 64.390 Renewal of lease

Repealed 8/19/77.

11 AAC 64.391 Extension of lease

90 days before the expiration of a valid lease, the lessee may request an extension of the lease. The director will, in his or her discretion, extend the lease for a period of up to 10 years if no changes in site or tract location have occurred, the beach has remained stable, the lease is in good standing with the department, the lessee remains qualified under 11 AAC 64.230, and no protest of the extension is received. A nonrefundable filing fee, as established by the department's approved fee schedule, must accompany a request for an extension.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 3/30/85, Register 93

11 AAC 64.400 Preference to lease

Repealed 8/19/77.

11 AAC 64.410 Lease termination

(a) The department will, in its discretion, terminate a lease if

(1) the lessee fails to pay the annual rental;

(2) the director determines that the site is not being used for the purpose for which the lease was issued;

(3) the lessee misrepresented facts or made an error with respect to a material fact in the shore fishery lease application;

(4) the lessee fails to properly locate his tract and sites or fails to properly situate in the tract when commercially fishing;

(5) the lessee fails to maintain a valid limited entry permit or interim-use salmon setnet permit; or

(6) utilization of the tract or sites is not in accordance with 11 AAC 64.180;

(b) The director will notify a lessee in writing of the department's intention to terminate a lease under this section. The director will send the notice of termination to the last address provided to the department by the lessee. The notice is considered delivered when deposited in the mail.

(c) A lease termination is effective 30 days after the date of the notice, unless stayed by the commissioner in conjunction with an appeal filed by the lessee under 11 AAC 64.460.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.420 Notice of default

Repealed 3/30/85.

11 AAC 64.430 Assignment

A lessee may assign a lease to another if

(1) the lease rental payments are current;

(2) the assignee is qualified under 11 AAC 64.230 or 11 AAC 64.240 and holds a valid limited entry permit or interim-use salmon setnet permit for the fishery;

(3) the assignee does not currently lease the maximum allowed sites for the fishery;

(4) approval of an assignment will not result in the assignee holding leases for more than the maximum allowable number of sites;

(5) the lessee and assignee complete the required assignment of lease form; and

(6) the director approves the assignment.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.440 Succession to applicant's interest

A person who is legally assigned all rights to another person's lease application succeeds to all rights and privileges of the original lease applicant under this chapter if the assignee submits

(1) a notarized statement setting out the name of the lease applicant, the lease applicant's address of record, the location of the site or sites, the date of lease application acquisition, and the name and address of each of the adjacent site holders, if any; and

(2) a notarized statement by the lease applicant stating the length of time the lease applicant has personally operated the site or sites, and stating that the lease applicant has relinquished to the assignee all rights to and interest in the site or sites.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.450 Protest

(a) A person may protest an application for or the location of a shore fishery lease site by mailing a statement of protest to the applicant and to the director. The protest may be filed from the time a site has been staked until the last date for filing a protest, as determined and published in writing by the department. The postmark date of the statement of protest constitutes the date of protest. If a protest is filed, the director will not issue a lease until resolution of the protest.

(b) A statement of protest must be in writing, must be signed by the protester, and must contain

(1) the protester's name and mailing address;

(2) the protester's limited entry permit number or interim-use salmon setnet permit, if any;

(3) the applicant's name and address as shown on the staking sign;

(4) a brief statement of reasons why the protester believes that the lease site location is invalid or that the protester is more qualified to fish at the lease site; affidavits may be included to support the reasons set out in the statement; and

(5) a brief statement of the relief requested, which may be either denial of the lease site location, or a determination that the protester is more qualified to fish from the lease site and more entitled to lease the site than is the applicant.

(c) The applicant shall prepare a brief written response rebutting the protester's statement. The applicant shall mail the response to the protester and to the director within 30 days after receiving the statement of protest. Affidavits may be included to support the facts set out in the response.

(d) The director will base a decision resolving a protest on the criteria contained in AS 38.05.082 and on the protest, response, supporting affidavits, and hearing, if one is conducted. The decision constitutes the final departmental action unless it is appealed.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

11 AAC 64.460 Appeal

An eligible person affected by a decision issued under this chapter may appeal that decision in accordance with 11 AAC 02.

History

Authority: AS 38.05.020; AS 38.05.082; AS 44.37.011
Eff. 4/18/84, Register 16; am 3/30/85, Register 93; am 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 64.470 Finality of decision

Repealed 11/7/90.

11 AAC 64.480 Commissioner's rejection

Repealed 3/30/85.

11 AAC 64.490 Disputes of boundary line location

In a dispute concerning one or more leased tract locations, the protesting party may request that the director establish or reestablish, by survey, the boundary lines of the tract or tracts in question. The director will, in his or her discretion, require that a survey be performed to determine the location of the boundary lines in dispute. The party or parties at fault shall pay the cost of the entire survey. The department will, in its discretion, terminate the lease of the party or parties at fault if they do not pay the survey costs.

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

History

Authority: AS 38.05.020; AS 38.05.082
Eff. 3/30/85, Register 93

11 AAC 64.570 Definitions

In these regulations, the following terms shall have the meaning indicated unless the context clearly requires a different meaning:

(1) repealed 3/30/85;

(2) "adjacent" means touching or lying in close proximity, as opposed to "contiguous" which requires a common boundary;

(3) "boundary lines" means lines having a course and distance that enclose one tract;

(4) repealed 3/30/85;

(5) repealed 3/30/85;

(6) "commercial fishing" means the taking, fishing for, or possession of fish, with the intent of disposing of them for profit, or by sale, barter, or in commercial channels;

(7) "commercial fishing season" means the locally recognized commercial fishing season opened by field announcement by the Alaska Board of Fish and Game;

(8) "commissioner" means the Commissioner of the Department of Natural Resources, State of Alaska;

(9) "department" means the Department of Natural Resources, State of Alaska;

(10) "director" means the Director of the Division of Lands;

(11) "division" means the Division of Lands within the Department of Natural Resources;

(12) "endline" means that boundary line of any lease tract that is parallel or nearly so with the shoreline;

(13) repealed 3/30/85;

(14) repealed 3/30/85;

(15) "lease" means a surface lease for shore fisheries development issued or held pursuant to these regulations;

(16) repealed 3/30/85;

(17) repealed 3/30/85;

(18) repealed 3/30/85;

(19) "monument" means a natural, physical, artificial, or record monument, as customarily used to appropriately define or mark an area;

(20) "neighbor" means an adjacent commercial fisherman who is to be designated as right or left side, or seaward or shoreward neighbor;

(21) "offshore" means those submerged lands lying seaward from the line of mean low tide;

(22) repealed 3/30/85;

(23) repealed 3/30/85;

(24) repealed 3/30/85;

(25) repealed 3/30/85;

(26) repealed 3/30/85;

(27) repealed 3/30/85;

(28) "site" means setnet site, individual setnet location, setnet fishing site, and set gillnet site;

(29) repealed 3/30/85;

(30) "tidelands" are those lands that are periodically covered by tidal waters between the elevation of mean high and mean low tides;

(31) "tract" means a parcel of tidelands leased under this chapter and may include one, two, or three set gillnet sites;

(32) repealed 3/30/85;

(33) repealed 3/30/85;

(34) repealed 3/30/85;

(35) "party at fault" means the lessee or lessees who, following a dispute over tract or site boundaries or locations, is determined by the director to be in error;

(36) "permanent" means not capable of being readily dismantled or removed from a site or tract within the 24 hours after notification, without destroying the object dismantled or removed or damaging the site or tract, and does not include setnet anchors;

(37) "shore fishery diagram" means a graphic depiction of an applicant's or lessee's site which indicates the relationship of the site to local landmarks and adjacent or neighboring sites.

History

Authority: AS 38.05.020; AS 38.05.082; AS 38.05.965
Eff. 4/18/64, Register 16; am 3/30/85, Register 93

Chapter 65 Personal Use Cabin Permits

11 AAC 65.010 Applicability

This chapter applies to the issuance of personal use cabin permits for unauthorized cabins placed on state land before August 1, 1984. Cabins built on state land after August 1, 1984 will not be authorized. A permit under this chapter does not convey an interest in state land or establish a preference right for the lease or purchase of state land. It is the express intent of this chapter to phase out the use of unauthorized cabins on state land, and where appropriate, convert them to public use.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92

11 AAC 65.020 Applications

(a) An application for a permit to use an existing cabin on state land must

(1) be received by the department during a 60-day application period established by the department and announced by public notice; the application period will be open for one time only by geographic location;

(2) be made on a form provided by the department;

(3) be complete and correct to the best of the applicant's knowledge;

(4) contain a description of the cabin and site;

(5) contain a description of the proposed use of the cabin and site;

(6) be signed and dated by the applicant or, in the case of a group of applicants, by the applicant's authorized agent.

(b) An application made under this section must include the following:

(1) a $25 application fee;

(2) identification of the cabin site on a United States Geological Survey map at 1:63,360 scale (1" to 1 mile) or its equivalent;

(3) a photograph (print) of the cabin taken within the past year;

(4) documentation demonstrating historic use and occupancy;

(5) documentation of any prior investments in the cabin; and

(6) any other information required by the director.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92

11 AAC 65.030 Application fee

The application fee required by 11 AAC 65.020 is not refundable. However, if the department determines that an application made under this chapter should have been made under a different chapter, the application fee may be applied to an application made under another chapter.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 62

11 AAC 65.040 Renewals

(a) Application for renewal of a permit must be made in writing at least 90 days, but not more than 180 days, before the expiration of the permit. The application must be accompanied by the fee prescribed by 11 AAC 05.180.

(b) A permit will be renewed if the continued use complies with 11 AAC 65.050 - 11 AAC 65.900.

(c) A permit issued and renewed under this chapter is valid only during the lifetime of the original holder of that permit.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92; am 5/5/93, Register 126; am 7/1/2018, Register 227

11 AAC 65.050 Permit decision

(a) The department will issue and renew an applicant's cabin permit if the director finds in writing that the application is for a cabin that complies with AS 38.04.035(4) and does not conflict with the public interest criteria as described in (b) of this section.

(b) No permit will be issued for a cabin on state land

(1) where a subdivision or agricultural sale has occurred or is anticipated or scheduled during the term of the permit;

(2) where homesteads are proposed for future disposal, unless the disposal is not anticipated within the term of the permit;

(3) if the land has been selected under the authority of the Municipal Entitlement Act, AS 29.18;

(4) in state park units, land managed under an interagency land management agreement, land classified as reserved use, or where the issuance of a permit would interfere with significant public recreational use;

(5) that is shoreland, submerged land, or tideland;

(6) that serves an important ecological function, or is especially sensitive to human disturbance, as determined by the department;

(7) located close to a center of population;

(8) where material extraction, timber sales, mining, or intensive recreational facility development is scheduled or anticipated during the term of the permit;

(9) overlying a mining location or mineral lease if the department determines that a cabin may interfere with development of the mining location or mineral lease during the term of the permit;

(10) under application or proposed for a public facility or highway right-of-way unless it is clear that the intended use will not occur during the term of the permit;

(11) for which a Native allotment application is on record with the Bureau of Land Management, or on land validly selected under the Alaska Native Claims Settlement Act;

(12) accessible by road within legislatively designated state game refuge or critical habitat area;

(13) in a legislatively designated state game sanctuary;

(14) where the cabin is used as a permanent residence; or

(15) if the department determines that the proposed use may more appropriately be allowed under another chapter of this title.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92

11 AAC 65.060 Density within state game refuges and critical habitat areas

Densities and configurations of public cabins within state game refuges and critical habitat areas will be determined based upon habitat type, wildlife seasonal use patterns, wildlife sensitivity to disturbance, and the applicant's proposed type and season of use. Permits will be issued if the density and configuration of cabins and associated uses are not found in conflict with (1) the public interest during the term of the permit, (2) the maintenance or enhancement of fish and wildlife populations and their habitats, or (3) general public use.

History

Authority: AS 16.20.050; AS 38.04.035; AS 38.05.020 AS 16.20.250; AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92

11 AAC 65.070 Conflicting applications

If the director determines that two or more applications for the same cabin are equally valid, the department will choose the permittee by lottery from the valid applications received.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92

11 AAC 65.080 Ownership and removal

(a) Except as otherwise provided in (b) or (c) of this section, a cabin subject to this chapter is the personal property of the permittee, and remains so for the term of the permit.

(b) A cabin not applied for under this chapter becomes the property of the state if not removed within 60 days after notice by the department.

(c) Upon revocation or expiration of a permit, including renewals of it, or if an application was made but no permit issued, the cabin becomes the property of the state if not removed within 60 days after notice by the department.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92

11 AAC 65.090 Conditions of permit

A permit issued under this chapter

(1) is valid for a period of up to six years;

(2) may include site-specific conditions of use, such as seasonal use restrictions determined appropriate by the department and, on game refuges and critical habitat areas, by the Department of Fish and Game;

(3) is not valid unless signed by an authorized individual within the Department of Fish and Game if the permit is for a cabin located within a state game refuge or critical habitat area;

(4) is not valid unless the annual cabin rental fee prescribed by 11 AAC 05.180 is timely received by the department;

(5) is not valid unless the permit is signed by the applicant or applicant's authorized agent; and

(6) will contain the following general stipulations and conditions:

(A) the permit does not convey an interest in state land or grant any preference right for the lease or purchase of state land;

(B) the permit is revocable immediately upon violation of any of its terms, conditions, or stipulations, upon nonpayment of fees, or upon failure to comply with any other applicable statutes and regulations;

(D) the permit must be displayed in general view on the cabin at all times;

(E) no additions to or enlargements of the cabin are allowed, except for routine maintenance and upkeep;

(F) all garbage and foreign debris brought into, or placed on, the cabin site must be removed by the permittee unless otherwise authorized by the director;

(G) the state must be held harmless from all claims, demands, suits, loss, liability, and expense for injury to, or death of, a person arising out of or connected with the uses covered by the permit;

(H) if the cabin is destroyed or damaged beyond repair, rebuilding the structure is not authorized without prior written approval of the director; this approval may not be unreasonably withheld;

(I) the cabin may not be used for a commercial activity or as a permanent residence;

(J) no new road or trail across state land is authorized under the permit, and access must be consistent with the provisions of 11 AAC 96;

(K) no restriction or interference with public access to or across state land is allowed;

(L) the permit does not relieve the permittee of the responsibility of securing other necessary state, federal, or local permits or authorizations; and

(M) the department reserves the right to require measures to mitigate disruptions to public use of the area, and to fish and wildlife populations and their habitats, which may be created by the permittee, or occur as a direct result of the permittee's failure to comply with the terms of the permit or any applicable law.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92; am 5/5/93, Register 126; am 7/1/2018, Register 227

11 AAC 65.100 Appeals

(a) The department will publish notice of its intent to issue a permit under this chapter in a newspaper of general circulation in the vicinity of the area covered by the permit.

(b) An eligible person who is affected by a permit decision by the director may appeal that decision to the commissioner in accordance with 11 AAC 02. A person who is affected by a permit decision by the Department of Fish and Game in the case of a cabin on a state game refuge or critical habitat area may appeal to the commissioner of the Department of Fish and Game in accordance with 5 AAC 95.

History

Authority: AS 38.04.035; AS 38.05.020; AS 44.37.011 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92; am 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 65.110 Public use cabins

As of December 17, 1984, the department will consider making available for public use, any cabin for which a permit is not issued under this chapter.

History

Authority: AS 38.04.035; AS 38.05.020
Eff. 12/16/84, Register 92

11 AAC 65.900 Definitions

As used in this chapter,

(1) "applicant" means an individual or group of individuals at least 18 years old who have resided in Alaska not less than one year immediately preceding the date of application and does not include an organization, association, or corporation;

(2) "authorized agent" means an individual who is the designated agent for a group of individuals who are applicants, and is one of the applicants;

(3) "cabin" means a permanent structure in existence as of August 1, 1984, consisting of at least four walls and a roof, and used for eating and sleeping; the word includes a separate sanitary device or outhouse, and storage area or cache;

(4) "commercial" means an action or operation that generates income from the buying, selling, renting, bartering, or trading of goods or services relating to use of a cabin;

(5) "department" means the Department of Natural Resources;

(6) "director" means the director of the division of land and water management of the Department of Natural Resources;

(7) "shoreland" means land belonging to the state, which is covered by nontidal water that is navigable under the laws of the United States, and extends up to the ordinary high water mark as modified by accretion, erosion, or reliction;

(8) "state" means the State of Alaska;

(9) "submerged land" means land covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or further as may be properly claimed by the state; and

(10) "tideland" means land which is periodically covered by tidal water between the elevations of mean high and mean low tides.

History

Authority: AS 38.04.035; AS 38.05.020 AS 38.04.900; AS 41.21.020
Eff. 12/16/84, Register 92

Chapter 66 Municipal Grant Land Entitlement Program

Eff. 3/30/83, Register 85; repealed 2/9/2001, Register 157

Article 2 Definitions

11 AAC 66.990 Definitions

Repealed.

History

Eff. 3/30/83, Register 85; repealed 2/9/2001, Register 157

Chapter 67 Disposal of Land

Article 1 Administrative Provisions

11 AAC 67.002 Applicability

This chapter covers methods of acquiring state land or an interest in state land, except for timber, materials, or minerals.

History

Authority: AS 38.04.900; AS 38.05.050; AS 38.08.110 AS 38.05.020; AS 38.05.070
Eff. 5/13/79, Register 70

11 AAC 67.005 General qualifications

(a) In addition to other requirements that may be imposed for a particular method of acquisition, to qualify for the purchase, grant, or lease of state land, an applicant or bidder must be

(1) an individual at least 18 years old;

(2) a partnership organized under AS 32.05 or 32.06, as applicable (Uniform Partnership Act); or

(3) a corporation, limited partnership, limited liability partnership, or limited liability company that is authorized to conduct business under the laws of this state; the following items must be presented at the time that the corporation, limited partnership, limited liability partnership, or limited liability company applies for the land or registers to bid:

(A) proof that the representative of the corporation, limited partnership, limited liability partnership, or limited liability company is authorized to act and sign on behalf of that entity;

(B) proof of valid registration or certification with the Department of Commerce, Community, and Economic Development under

(i) AS 10.06 - 10.45, for corporations;

(ii) AS 10.50, for limited liability companies;

(iii) AS 32.05 or 32.06, as applicable (Uniform Partnership Act), for limited liability partnerships; or

(iv) AS 32.11 (Uniform Limited Partnership Act), for limited partnerships.

(b) Repealed 2/9/2001.

(c) An employee of the department is not eligible to acquire land by negotiated sale or negotiated lease. An employee or contractor of a state agency or other instrumentality of the state who gained knowledge of the disposal area at state expense, or who was in a position to obtain inside information about the disposal process, may not

(1) within the final 15 days of the filing period,

(A) apply for a disposal of land under AS 38.05.057 or AS 38.08; or

(B) file a sealed bid for an auction to be held under AS 38.05.055; or

(2) acquire land within the first 30 days that it is offered over the counter under AS 38.05.057(f) or AS 38.05.060.

(d) Repealed 2/9/2001.

(e) Repealed 2/9/2001.

(f) An employee or contractor referred to in (c) of this section may not

(1) stake a homestead in an unlimited homestead area for the first 15 days the area is open;

(2) acquire an authorization to stake in a limited homestead area for the first 15 days of the initial over-the-counter period for that limited area; or

(3) file an application in a lottery held under 11 AAC 67.060 - 11 AAC 67.070 for a homestead or for a remote recreational cabin site staking authorization during the final 15 days of the lottery filing period.

(g) An applicant or bidder is responsible for keeping the department informed of the applicant or bidder's current address. The application or bid is subject to rejection if the department is unable to contact the applicant or bidder at the current address of record.

History

Authority: AS 38.04.900; AS 38.05.060; AS 38.09.110 AS 38.05.020; AS 38.05.070 AS 38.05.050; AS 38.05.600
Eff. 7/1/60, Register 1; am 8/15/64, Register 18; am 5/13/79, Register 70; am 10/14/79, Register 72; am 3/30/83, Register 85; am 5/31/84, Register 90; am 2/9/2001, Register 157

11 AAC 67.007 Application

The director may require a person who wants to acquire state land to file an application on a form provided by the division, and to pay a nonrefundable filing fee in accordance with a fee schedule posted at the district offices of the division. If the filing fee is paid with a check or draft on which the bank or credit union refuses payment, the application will be rejected. The application may be filed at any of the division's district offices. An application received before or after the filing period set by the director will be rejected. An agent who presents a power of attorney or other notarized authorization of agency may file an application on behalf of a qualified applicant. Filing an application does not grant or vest any right, title, or interest, nor any expectancy of a right, title, or interest.

History

Authority: AS 38.04.900; AS 38.05.050 AS 38.05.020; AS 38.05.070
Eff. 5/13/79, Register 70

11 AAC 67.008 Ineligibility due to default

A person whose purchase contract or lease issued by the department

(1) has been administratively foreclosed or terminated for cause within the past three years is ineligible for a new purchase contract or lease issued by the department;

(2) is currently in default for nonpayment is ineligible for a new purchase contract or lease issued by the department until the amount in default is paid in full; or

(3) is currently in default for nonpayment of municipal taxes or assessments, after the municipality notifies the department of the nonpayment and the department notifies the purchaser or lessee of the default, is ineligible for a new purchase contract or lease issued by the department until the default is remedied.

History

Authority: AS 38.05.020; AS 38.05.065; AS 38.05.075 AS 38.05.035; AS 38.05.070
Eff. 2/8/2001, Register 157

11 AAC 67.010 Proof of eligibility based on residency

For those methods of acquisition or payment for which eligibility is based on residency in this state, the applicant shall submit proof of residency. For proof of residency the applicant may submit any proof acceptable to the director, including

(1) voter registration and voting records;

(2) hunting, fishing, driver's, or other licenses;

(3) school records;

(4) rent receipts, or proof of home ownership or a home purchase contract;

(5) motor vehicle registration;

(6) tax records;

(7) employment, unemployment, or military records;

(8) court or other government agency records;

(9) birth or other vital statistic records;

(10) affidavits of persons acquainted with but not related to the applicant; such affidavits may be used as corroborative evidence, but unless otherwise specified, will not be accepted as the sole proof of residency; or

(11) other proof of residency acceptable to the director.

History

Authority: AS 38.04.900; AS 38.05.057; AS 38.05.600 AS 38.05.020; AS 38.05.058; AS 38.08.030 AS 38.05.055; AS 38.05.077
Eff. 5/13/79, Register 70; am 2/9/2001, Register 157

11 AAC 67.012 Disposal brochure

The disposal brochure made available to the public before a disposal of land sets out the general conditions and qualifications for the disposal and how a person may apply for or qualify to receive land offered as part of the disposal. It is the responsibility of the applicant or participant to keep himself informed about changes or corrections made in the disposal brochure or made subsequently, and the division reserves the right to make changes up to the time of disposal. The brochure will specify whether a parcel for which no applications or bids were received will subsequently be made available over the counter at the appraised price.

History

Authority: AS 38.04.900; AS 38.05.050 AS 38.05.020; AS 38.05.070
Eff. 5/13/79, Register 70

11 AAC 67.015 Land available

In addition to selling, leasing, or granting patented land, the division may conditionally sell, lease, or grant land that has been tentatively approved by the federal government for patent to the state, but that is not yet patented. A sale, lease, or grant on this conditional basis will be cancelled if the state is denied title to the land. Money paid to purchase such land will be refunded, or may be applied to the purchase of another parcel. Based on the date of cancellation, a pro rata portion of money paid in advance to lease such land will be refunded, or may be applied to the lease of another parcel. The state is in no way liable for any damage that may be done to the land by the purchaser, lessee, or grantee, or liable for any claim of any third party or for any claim that may arise from ownership. If the state does receive title to the land, the conditional sale, lease, or grant then has the same effect as other sales, leases, or grants.

History

Authority: AS 38.04.900; AS 38.05.045 AS 38.05.020; AS 38.05.070
Eff. 7/1/60, Register 1; am 8/15/64, Register 18; am 5/13/79, Register 70

11 AAC 67.017 Survey

Repealed 8/16/89.

11 AAC 67.020 Proper location

The purchaser, lessee, or grantee is responsible for proper location of the parcel and improvements on the parcel. Mislocation is not justification for alteration of the parcel boundaries, does not vest any preference right to the land improperly entered, and may result in prosecution for trespass.

History

Authority: AS 38.04.045; AS 38.05.020; AS 38.05.070 AS 38.04.900; AS 38.05.050
Eff. 7/1/60, Register 1; am 8/15/64, Register 18; am 5/13/79, Register 70

11 AAC 67.022 No warranty implied

By selling, granting, or leasing land, the state does not give or imply any warranty as to the land's fitness, use, or suitability, or whether public utilities or services will be provided. It is the responsibility of the purchaser, grantee, or lessee to determine whether the land will meet his needs.

History

Authority: AS 38.04.900; AS 38.05.050; AS 38.08.090 AS 38.05.020; AS 38.05.070
Eff. 7/1/60, Register 1; am 8/15/64, Register 18; am 5/13/79, Register 70

11 AAC 67.025 Homeowners' association

As a condition of sale or grant of any land subdivided by the division for residential purposes, the director may require the purchaser or grantee to join and remain a member of a homeowners' association organized to build or maintain roads within the subdivision, to maintain reserved areas, to build or maintain a sewer or water system within the subdivision, and to provide other necessary services until a unit of local government is able to assume responsibility for them.

History

Authority: AS 38.04.050; AS 38.05.020; AS 38.08.090 AS 38.04.900; AS 38.05.065
Eff. 5/13/79, Register 70

11 AAC 67.026 Survey districts

Repealed 3/30/83.

11 AAC 67.027 Residential land within survey districts

Repealed 3/30/83.

11 AAC 67.029 Notice

If the department proposes a new offering of land to the general public through the department's statewide land disposal program, the department will give notice to each soil and water conservation district created under AS 41.10.130(a) encompassing the land to be offered.

History

Authority: AS 38.05.020; AS 38.05.945
Eff. 2/9/2001, Register 157

11 AAC 67.030 Notice

Repealed 8/16/89.

Article 2 Sale or Lease at Auction

11 AAC 67.045 Auction procedure

The following procedures cover the conduct of public oral outcry auctions for the sale or lease of state land:

(1) Only qualified and registered bidders may submit bids. However, a qualified person may acquire land through an agent who is registered to bid at the auction, if the agent presents a power of attorney or other notarized authorization of agency. An agent may represent only one principal during each auction and may not also participate in his own behalf.

(2) A bid deposit may be required in order to register to bid. If the bidder is successful, the deposit will be applied against the purchase price or the first lease payment, as appropriate. If the bidder is not successful, the deposit will be refunded.

(3) A bidder may withdraw a bid at any time before the hammer falls. If a bid deposit was required and if the withdrawn bid would otherwise have been the winning bid, the bidder forfeits the deposit.

(4) If a bid is made while the hammer is falling, the auctioneer shall decide whether the bid is timely.

(5) The auctioneer may request confirmation of a bid if a bidder's conduct is confusing or distracting, or if it is clear that the bidder does not hear or understand the call or bid.

(6) The auctioneer may withdraw any parcel from the auction before the hammer falls.

(7) A bidder or spectator may be ejected from the auction if, in the judgment of the auctioneer, his conduct conflicts with the orderly proceeding of the auction.

History

Authority: AS 38.04.900; AS 38.05.055 AS 38.05.020; AS 38.05.075
Eff. 5/13/79, Register 70

11 AAC 67.047 When personal attendance at auction required; exception

Repealed.

History

Eff. 3/30/83, Register 85; am 8/16/89, Register 111; repealed 8/6/94, Register 131

Article 3 Preference Right Sales

11 AAC 67.050 Veteran's preference

(a) A person who submits proof that he or she is a veteran as defined by AS 38.05.067(d) may participate in a veteran's preference auction of parcels of land of five acres or less that are classified as settlement land and zoned for residential use only. For a purchase to be made jointly with another, both purchasers must be eligible veterans.

(b) A person who purchases land at a veteran's preference sale

(1) may not sell or otherwise transfer ownership of the land for five years, except to heirs upon the death of the purchaser, as security for a loan, or for other good cause as determined by the director; and

(2) shall submit proof within two years that residential development has begun, including proof that access has been developed, if necessary, and that improvements such as utility installation, a permanent foundation, or the construction of waste disposal and sanitary facilities have been undertaken.

(c) The purchase of land at a veteran's preference sale is conditioned on meeting the requirements of (b) of this section, and the director may not convey title to the purchaser until those requirements have been met.

(d) A veteran may use his preference right only once in his lifetime.

History

Authority: AS 38.04.900; AS 38.05.020; AS 38.05.067
Eff. 5/13/79, Register 70; am 10/14/79, Register 72; am 3/30/83, Register 85; am 8/16/89, Register 111

11 AAC 67.052 Sales to Forest Service permittees

The sale price of a parcel of land sold to a Forest Service permittee under AS 38.05.068(c) will be $800 plus the direct, individual costs associated with the sale of the parcel, including survey costs, if any; advertising costs; and any other costs unique to that parcel.

History

Authority: AS 38.05.020; AS 38.05.068
Eff. 10/14/79, Register 72

11 AAC 67.053 Preference right to certain business users

(a) Upon a written finding under AS 38.05.035(e) that the interests of the state will best be served, the director will grant a preference right to lease without competitive bid, or purchase at appraised fair market value, up to five acres of state land to an applicant who submits written proof

(1) of entering the land while the land was under federal jurisdiction;

(2) of erecting and using, for at least five years while the land was under federal jurisdiction, a building erected under any authorization required under federal law;

(3) that the federal classification of the land at the time the land was entered did not specifically prohibit entering the land, the construction of a building, or business use of the land;

(4) that the business produced at least 25 percent of the applicant's total income for the five years preceding the date of the application for a preference right; and

(5) of permit or lease authorized by the state after the state selected the land.

(b) The finding required under (a) of this section will address whether granting the preference right would interfere with public use of the land.

(c) The date of appraised fair market value is the date that the finding made under AS 38.05.035(e) is signed, and is subject to adjustment if the purchase is not completed within two years after the date the finding is signed.

(d) For the purposes of this section, "written proof" means copies of government records, income receipts or copies of tax returns, and photographs, and may be supplemented by affidavits, if necessary.

History

Authority: AS 38.05.020; AS 38.05.035
Eff. 7/19/85, Register 95

Article 4 Sale or Grant by Lottery

11 AAC 67.060 Lottery procedure

(a) The procedures in 11 AAC 67.060 - 11 AAC 67.070 apply to sales by lottery under AS 38.05.057 and to the grant of homesites under AS 38.08.040 and of staking authorizations for unsurveyed remote recreational cabin lease sites under AS 38.05.600(b).

(b) An applicant may apply for as many parcels as desired, but may file no more than one application per parcel. Each application must be separate and complete in accordance with the requirements of the disposal. The order of drawing will be determined by the number of applications received, with the drawing for the parcel for which the most applications were received being held first. Each parcel will be awarded to the first applicant whose name is drawn who has not yet been awarded a parcel. Once an applicant has been awarded a parcel, all other applications by that person will be disregarded.

(c) A person who has been awarded a parcel of land under AS 38.05.057 may not participate in another lottery under AS 38.05.057 for eight years after the date of the lottery, unless the person relinquishes the previously awarded lottery parcel to the state. Eligibility to apply for a homesite, homestead, or remote recreational cabin site is determined under AS 38.08.030 - 38.08.040, AS 38.09.030, and 11 AAC 67.800, respectively, and is not affected by this eight-year waiting period.

History

Authority: AS 38.04.900; AS 38.05.057; AS 38.08.040 AS 38.05.020; AS 38.05.600; AS 38.08.110
Eff. 7/31/78, Register 67; am 5/13/79, Register 70; am 10/14/79, Register 72; am 8/16/89, Register 111; am 2/9/2001, Register 157

11 AAC 67.062 Proof of eligibility

A lottery applicant must present proof of Alaska residency in accordance with AS 38.05.057(b)(2) and 11 AAC 67.010 when required to do so by the department.

History

Authority: AS 38.04.900; AS 38.05.020; AS 38.05.057(f)
Eff. 5/13/79, Register 70; am 10/14/79, Register 72

11 AAC 67.065 Preference rights

Agricultural preference rights under AS 38.05.069 may not be exercised at a sale by lottery. A parcel subject to a lessee preference right under AS 38.05.102 may be offered at a sale by lottery, but if anyone other than the holder of the preference right applies for the parcel, it will be sold at auction.

History

Authority: AS 38.04.900; AS 38.05.020; AS 38.05.057
Eff. 5/13/79, Register 70; am 10/14/79, Register 72; am 3/30/83, Register 85

11 AAC 67.067 Lottery sale contract

(a) For any sale under 11 AAC 67.060 - 11 AAC 67.070, the purchaser must sign and return the sale contract within 30 days after the contract was sent by the department. The director may extend the time period for good cause at the purchaser's request.

(b) A copy of the contract, signed on behalf of the state, will be returned to the purchaser and will serve as a receipt for the deposit and a description of the property, price, and terms. The purchaser need not acknowledge receipt of his copy of the contract unless specifically requested to do so.

History

Authority: AS 38.05.020; AS 38.05.055; AS 38.05.057
Eff. 10/14/79, Register 72; am 3/30/83, Register 85

11 AAC 67.068 Presence at lotteries required

Repealed.

History

Eff. 3/30/83, Register 85; repealed 8/6/94, Register 131

11 AAC 67.069 Lottery procedure

Repealed.

History

Eff. 3/30/83, Register 85; repealed 2/9/2001, Register 157

11 AAC 67.070 Failure to pay deposit

If an apparent successful applicant fails to make the deposit required by AS 38.05.057(a), the parcel will be offered as provided by AS 38.05.057(f).

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.057
Eff. 3/30/83, Register 85

Article 5 Homesites

11 AAC 67.080 Survey and platting costs

(a) Any land offered for homesites under AS 38.08 must first be surveyed and an approved final plat or subdivision agreement must be accepted by the division and by the platting authority, if any, before the homesite disposal.

(b) Costs of surveying and platting assessed against the homesite parcels will include all costs incident to design of the subdivision as well as the cost of field survey and monumentation of the lots, and will be prorated among the lots on the basis of acreage in each lot or on the basis of road or water frontage, whichever is more equitable.

History

Authority: AS 38.04.900; AS 38.08.060(a) AS 38.05.020; AS 38.08.110
Eff. 5/4/78, Register 66; am 5/13/79, Register 70

11 AAC 67.082 Application procedure

(a) When homesite parcels are to be made available, the director will announce a simultaneous filing period, during which applications will be accepted for an entry permit for each parcel.

(b) An applicant may apply for as many parcels as desired, but may file no more than one application per parcel.

(c) Each application must be separate and complete, and must be accompanied by a nonrefundable filing fee in accordance with a fee schedule posted in the district offices of the department.

(d) The application must be on a form provided by the department. It must include a certification that the applicant is qualified to obtain a homesite entry permit under AS 38.08.030.

History

Authority: AS 38.04.900; AS 38.08.030 AS 38.05.020; AS 38.08.110
Eff. 5/4/78, Register 66; am 5/13/79, Register 70; am 10/14/79, Register 72; am 8/23/87, Register 103; am 8/16/89, Register 111

11 AAC 67.085 Award of permit

(a) After the close of the simultaneous filing period, homesite parcels will be ranked according to the number of applications received. The parcel with the most applications will be awarded first.

(b) Repealed 8/23/87.

(c) A successful applicant shall submit a birth certificate or other suitable proof that he is at least 18 years old, as well as proof of residency in accordance with 11 AAC 67.010. Satisfactory proof must be presented before noon of the 30th day following the postmark date of the letter notifying the applicant that he has been awarded an entry permit for a parcel. However, the director may grant an extension of time for good cause.

(d) If a successful applicant fails to present satisfactory proof of age and residency, if he decides not to accept the award, or if for any other reason a parcel remains available at the end of the adjudication process, the parcel will be made available over the counter to the first applicant who is qualified for a homesite.

History

Authority: AS 38.04.900; AS 38.08.040 AS 38.05.020; AS 38.08.110
Eff. 5/4/78, Register 66; am 5/13/79, Register 70; am 10/14/79, Register 72; am 8/23/87, Register 103

11 AAC 67.087 Access

With the concurrence of the entryman, the division may grant permits, rights-of-way, or easements on the homesite parcel for public purposes, including roads and utility lines. The grantee shall hold the state and the homesite entryman harmless from any liability for injury or damages that might occur.

History

Authority: AS 38.04.900; AS 38.05.020; AS 38.08.010
Eff. 5/13/79, Register 70

11 AAC 67.090 Revocation of permit

(a) A homesite entry permit is valid for no more than seven years, or for no more than 10 years if the permit was issued before July 1, 1983. The permit may be revoked if the required dwelling is not erected within five years after issuance of the permit, or within eight years if the permit was issued before July 1, 1983. However, the period for erecting the dwelling may be extended for one additional year if the required dwelling is substantially completed within the five or eight years and the director finds that progress toward completion is then being made. For the purposes of this subsection and AS 38.08.100, "substantially completed" means that either

(1) a basement suitable for habitation has been completed; or

(2) framing, closing in, and weatherproofing of the dwelling have been completed.

(b) Falsification of information on the application form or in any documents required to support the application form or required under 11 AAC 67.092 will be considered a substantial breach and will be cause for revocation of the entry permit, in addition to any other penalties prescribed by law.

History

Authority: Sec. 87, ch. 152,AS 38.05.020; AS 38.08.100 SLA 1984AS 38.08.050; AS 38.08.110 AS 38.04.900; AS 38.08.060
Eff. 5/4/78, Register 66; am 10/7/78, Register 68; am 5/13/79, Register 70; am 3/30/83, Register 85; am 8/23/87, Register 103; am 8/16/89, Register 111

11 AAC 67.091 Homesite purchase

(a) An entryperson desiring to purchase a homesite under AS 38.08.060(e) shall file an application to purchase within seven years after the issuance of the entry permit. The requirements of AS 38.08.060(a)(2) must be met before filing an application to purchase.

(b) If the director approves an application to purchase a homesite, each entryperson shall obtain an appraisal of the land. The appraisal must be made according to standard appraisal instructions provided by the department and is subject to approval by the director.

(c) A contract to purchase a homesite must be executed and returned to the department within 30 days after it is mailed by the department to the entryperson. The down payment for the purchase must be returned with the executed purchase contract. The director may, for good cause, extend the time period allowed for execution of the purchase contract.

History

Authority: AS 38.05.020; AS 38.08.060; AS 38.08.110
Eff. 7/19/85, Register 95; am 8/23/87, Register 103

11 AAC 67.092 Title requirements

Title to the homesite parcel will be conveyed to the permit holder after all of the following have taken place, in accordance with AS 38.08.060(a):

(1) the permit holder pays the total survey and platting costs due, as determined by the director;

(2) the permit holder presents proof that a habitable, permanent, single-family dwelling has been constructed, evidenced by a certificate of inspection from an appropriate state or local official, or proof that the permit holder has requested an appropriate state or local official to make such an inspection; "habitable, permanent, single-family dwelling" means a structure or mobile home, suitable for year-round occupancy with at least 200 square feet of space built or placed on a permanent masonry or treated wood foundation, with sanitary facilities meeting Department of Environmental Conservation requirements, and meeting local building codes if applicable;

(3) the permit holder presents proof that the parcel has been occupied by the permit holder or members of his household for a cumulative total of 35 months.

History

Authority: AS 38.04.900; AS 38.05.020; AS 38.08.060
Eff. 5/4/78, Register 66; am 5/13/79, Register 70; am 10/14/79, Register 72; am 3/30/83, Register 85; am 8/23/87, Register 103

Article 6 Remote Parcels

History

Eff. 5/13/79, Register 70; am 10/14/79, Register 72; repealed 2/9/2001, Register 157

11 AAC 67.125 Rejection of lease application

Repealed 8/16/89.

11 AAC 67.127 Rental

Repealed 10/14/79.

11 AAC 67.128 Rental

Repealed.

History

Eff. 10/14/79, Register 72; repealed 2/9/2001, Register 157

11 AAC 67.130 Improvements

Repealed 10/14/79.

11 AAC 67.131 Improvements

Repealed 3/30/83.

11 AAC 67.132 Access

Repealed.

History

Eff. 5/13/79, Register 70; am 10/14/79, Register 72; repealed 2/9/2001, Register 157

11 AAC 67.135 Expiration of lease

Repealed.

History

Eff. 5/4/78, Register 66; am 5/13/79, Register 70; am 10/14/79, Register 72; repealed 2/9/2001, Register 157

11 AAC 67.136 Remote parcel conversions

Repealed 8/23/87.

Article 6A Homesteads

11 AAC 67.138 Limited and unlimited areas

(a) Homestead areas may be either limited or unlimited. A limited homestead area is one for which the director limits the number of persons allowed to stake homesteads within the area. An entryperson must acquire a staking authorization and purchase a selection procedures packet before staking in a limited area. An unlimited homestead area is one for which the number of persons allowed to stake homesteads is not initially restricted by the director. A staking authorization is not required in an unlimited area.

(b) The director may distribute staking authorizations for limited areas by lottery. The director shall conduct a lottery to award staking authorizations under 11 AAC 67.140 and 11 AAC 67.141, and not under AS 38.05.057.

(c) The director may increase the limit on the number of persons allowed to stake a homestead within a limited area, thereby increasing homestead density. In addition, the director may close all or part of a limited or unlimited homestead area to further staking or entry at any time. The director shall publish a notice of closure in a newspaper in the locality of the homestead area for at least two weeks before closing the area to further staking or entry. However, if the director finds that the area must be closed because of title defects, public safety hazards, or similar concerns, or because of extreme selection conflicts, the area may be closed on an emergency basis, without prior notice.

(d) The director shall specify, either in a disposal brochure or in a notice of disposal given under AS 38.05.945(a)(4), the date and time a homestead is open for staking.

History

Authority: AS 38.05.020; AS 38.09.010; AS 38.09.110 AS 38.05.035; AS 38.09.020
Eff. 5/31/84, Register 90

11 AAC 67.139 Unlimited areas

(a) A homestead may be staked in an unlimited area at any time after the area is opened under 11 AAC 67.138(d). An entryperson must purchase a selection procedures packet for the area before staking. An application for a homestead entry permit must be filed no later than 15 days after the land is staked and the boundaries flagged as required by 11 AAC 67.143.

(b) The director may temporarily suspend the sale of selection procedures packets for an unlimited area if the director determines, on the basis of the apparent density of entries, resource values, public safety hazards, selection conflicts, title defects, or similar resource management concerns, that the suspension is in the best interests of the state. If the sale of packets is suspended, the director shall specify a date on which sales of packets will resume if the area is not then closed to further staking or entry under 11 AAC 67.138(c).

History

Authority: AS 38.05.020; AS 38.09.010; AS 38.09.030 AS 38.05.035; AS 38.09.020; AS 38.09.110
Eff. 5/31/84, Register 90

11 AAC 67.140 Limited areas

(a) For a limited area, the director shall announce a simultaneous filing period of not less than 30 days during which the department will accept applications for staking authorizations. All applications for staking authorizations must be physically received by the department by 4:30 p.m. on the last day of the filing period.

(b) An applicant may file only one application for a staking authorization for each limited area. If the number of applications received exceeds the limit set by the director under 11 AAC 67.138(a), a staking authorization lottery will be held to distribute the staking authorizations. An applicant need not be present at the staking authorization lottery in order to receive an authorization. If an applicant filed applications on more than one limited area, the applicant will receive a staking authorization for the first area for which the applicant's name is drawn. If a staking authorization lottery is necessary, staking authorizations for the area with the highest ratio of applications to allowable entries will be distributed first.

(c) A staking authorization is valid for 60 days after the date the limited area is opened, or 60 days after the date a staking authorization acquired over the counter under 11 AAC 67.142 is issued. During the 60-day period, the holder must stake and flag a homestead in accordance with the selection procedures, and must apply for a homestead entry permit. If the application for a homestead entry permit is not filed on or before the expiration date of the staking authorization, the applicant's authorization automatically expires and becomes available for reissuance over the counter. If a staking authorization expires on a nonworking day, the period for filing for the homestead entry permit is automatically extended through close of business on the first working day after the staking authorization's expiration date. An individual may hold only one staking authorization at a time. If a staking authorization is relinquished before its expiration date, it will be made available over the counter on the first working day after its normal expiration date. A staking authorization is not renewable or transferable.

History

Authority: AS 38.05.020; AS 38.09.010; AS 38.09.030 AS 38.05.035; AS 38.09.020; AS 38.09.110
Eff. 5/31/84, Register 90; am 8/16/89, Register 111; am 8/6/94, Register 131

11 AAC 67.141 Predesignated limited areas

(a) The director may predesignate the boundaries of individual homestead parcels in a limited area. When the director predesignates the boundaries, the provisions of this section apply in addition to those of 11 AAC 67.140.

(b) The department will prepare a legal description and assign a parcel number for each predesignated homestead parcel before the disposal. For purposes of filing applications for staking authorizations, each parcel is considered a separate limited area, and an applicant must file a separate application for each parcel which that person wishes to obtain.

(c) If the filing period for staking authorizations for predesignated homestead parcels is concurrent with the filing period for other limited areas, the staking authorizations for predesignated parcels will be distributed first. If a lottery drawing is necessary, the staking authorizations will be distributed first for the predesignated parcel with the most applications. If an equal number of applications are filed on more than one parcel, the order will be to draw first for the parcel with the lowest assigned parcel number, and proceed in numerical order. If an applicant applies for more than one parcel, the applicant will receive a staking authorization for the first parcel for which the applicant's name is drawn.

(d) The plat of survey required under 11 AAC 67.146 must comply with the legal description established by the department under (b) of this section.

History

Authority: AS 38.05.020; AS 38.09.010; AS 38.09.030 AS 38.05.035; AS 38.09.020; AS 38.09.110
Eff. 5/31/84, Register 90

11 AAC 67.142 Over-the-counter limited authorizations

(a) Limited staking authorizations not distributed under 11 AAC 67.140 - 11 AAC 67.141, or that have expired, may be made available over the counter on a first-come, first-served basis. If more than one eligible person is present or represented, or more than one eligible mail-in application is received under (b) of this section when a limited staking authorization is made available, a drawing will be held to determine to whom the authorization will be distributed. An individual may apply for an over-the-counter limited authorization either in person or through the mail, and in doing so may be represented by an agent authorized by a notarized power of attorney. An agent may participate only for himself or herself, and one other person, per day.

(b) Over-the-counter mail-in applications for limited staking authorizations will be accepted and processed as follows:

(1) a mail-in application will, when received by the appropriate regional office of the division, be processed as if it were presented in person, except that a mail-in application received before the first day of a new offering will be processed at the beginning of the first day of the offering; and

(2) a mail-in application must be accompanied by a nonrefundable check or money order to cover the fee for a staking selection procedures packet and mailing charges prescribed by 11 AAC 05.100.

History

Authority: AS 38.05.020; AS 38.09.010 AS 38.05.035; AS 38.09.110
Eff. 5/31/84, Register 90; am 8/10/86, Register 99; am 8/23/87, Register 103; am 7/1/2018, Register 227

11 AAC 67.143 Homestead selection procedures

(a) The director shall establish site-specific homestead selection procedures for each area open to homesteading, and shall prepare and make available selection procedures packets for each area. The director may charge a fee, adopted by the commissioner, for a selection procedures packet, and for mailing the packet if it is mailed. In addition to the requirements of AS 38.09.010(e), the selection procedures will include the following, where applicable, and may include additional procedures based on site-specific considerations:

(1) the maximum amount of water frontage that may be included in a homestead;

(2) a description of the areas that are subject to easements;

(3) a description of easements to which each homestead will be subject;

(4) the manner of staking the corners of the homestead and the information required to be marked on corner posts;

(5) restrictions on obstructing access;

(6) building and staking setbacks;

(7) the maximum and minimum size homestead that may be staked;

(8) minimum flagging requirements; and

(9) the date and time staking may begin.

(b) Upon a determination that the homestead entryperson has acted in good faith and has substantially complied with the requirements of the selection procedures, or that compliance with a selection procedure is not practical under the site-specific circumstances, the director may waive a selection procedure.

History

Authority: AS 38.05.020; AS 38.09.020; AS 38.09.110 AS 38.05.035; AS 38.09.030 AS 38.09.010; AS 38.09.050
Eff. 5/31/84, Register 90

11 AAC 67.144 Entry permit

(a) An application for a homestead entry permit must be accompanied by an affidavit that the applicant meets the eligibility requirements of AS 38.09.030(a)(1) and AS 38.09.900(3). In addition, a nonrefundable processing fee of $5 per acre, rounded to the next highest acre if the acreage exceeds a whole number, must accompany the application.

(b) The application for an entry permit must contain the following information and any additional information required by the homestead selection procedures:

(1) the parcel's location and acreage;

(2) corner locations and a description of reference points used in locating corners;

(3) legal description of the homestead;

(4) date of staking and a description of corner stakes;

(5) names and location of adjacent entrypersons, if known;

(6) a sketch plat;

(7) the applicant's address of record where all correspondence from the department to the applicant will be mailed; and

(8) an affidavit in which the applicant attests that the applicant personally staked the corners and flagged the boundaries of the land entered, that the applicant assumes full responsibility for the accuracy of the location of the entry, and that all other actions required by the homestead selection procedures have been taken.

(c) The first applicant for a homestead entry permit to select a homestead in accordance with AS 38.09.020(b), this chapter, and the selection procedures, and to submit an application, has adjudication priority in case of later, conflicting applications for the same land. An entry permit will not be granted until the application has been adjudicated and approved by the director.

(d) An application for an entry permit may be denied for reasons including, but not limited to, the following:

(1) failure to comply with a homestead selection procedure, this chapter, or AS 38.09; or

(2) conflict with an application previously approved.

History

Authority: AS 38.05.020; AS 38.09.010; AS 38.09.030 AS 38.05.035; AS 38.09.020; AS 38.09.110
Eff. 5/31/84, Register 90

11 AAC 67.145 Brushing

(a) Unless the homestead was described by aliquot parts or as a lot of record, an entryperson shall brush all boundaries no later than 90 days after issuance of the entry permit. A clearly discernible line between corner posts that is easily identifiable and sufficient to give reasonable notice of the boundaries to a later entryperson must be brushed. Boundaries along waterbodies, trails, roads, or other similar open areas need not be brushed but must be conspicuously flagged at least every 50 feet. An entryperson is not required to cut trees with a diameter of over four inches when marking the boundaries, but those trees must be flagged and either blazed or painted. If the director finds that for some reason unique to the homestead or the homestead area it is impractical to brush all or any portion of the homestead boundary lines, the director may allow the entryperson to flag or otherwise mark the lines in a manner that will provide reasonable notice of the boundaries.

(b) No later than 15 days after the final date for brushing specified in (a) of this section, an entryperson who is required to comply with (a) of this section must submit an affidavit to the department stating that the entryperson complied.

(c) An entryperson may meet the boundary marking and brushing requirements of (a) of this section at the time of staking, and submit the affidavit required under (b) of this section with the application for entry permit filed under 11 AAC 67.144.

History

Authority: AS 38.05.020; AS 38.09.040; AS 38.09.060 AS 38.05.035; AS 38.09.050; AS 38.09.110
Eff. 5/31/84, Register 90; am 8/23/87, Register 103; am 8/16/89, Register 111

11 AAC 67.146 Plat of survey

(a) A homestead staked under AS 38.09 must be surveyed by a surveyor registered in Alaska, and a plat of survey must be filed with the department. The survey must

(1) comply with 11 AAC 53;

(2) identify easements and rights-of-way required by the director under AS 38.09.050(c), or required under other laws, or that are of record or existing by law;

(3) identify public access and utility easements, to be located along the inside of each homestead boundary and equal to one of the following widths:

(A) 25 feet for homesteads of 40 acres or less; or

(B) 50 feet for homesteads of more than 40 acres; and

(4) comply with all applicable municipal platting and subdivision requirements.

(b) The entryperson shall secure any plat approvals that may be required by a municipality. The entryperson shall pay the standard fee for filing the plat of survey with the recording office, and shall pay all fees that may be charged by a municipality for review and approval of the survey plat.

(c) This subsection is applicable only to an entryperson whose permit was in effect before June 16, 1987, who wishes to purchase the land under AS 38.09.090(a), and who has made a good-faith effort to obtain a plat of survey within two years after the permit was issued. A request for extension of survey completion time under former AS 38.09.040(b) must be filed within two years after issuance of the entry permit, showing by objective facts that the entryperson acted in a timely and reasonable manner to arrange for the survey of the entry. An extension granted for completion of the survey does not extend the time for completion of any other homestead requirement.

(d) If, within five years after the date an entry permit was issued, the entryperson fails to submit a plat of survey required by AS 38.09.050(a)(2) that meets the requirements of (a) of this section, the entry permit automatically expires and all rights of the entryperson to the homestead terminate. Any improvements or property of the entryperson will be managed by the department under AS 38.05.090.

History

Authority: AS 38.05.020; AS 38.09.040; AS 38.09.090 AS 38.05.035; AS 38.09.050; AS 38.09.110
Eff. 5/31/84, Register 90; am 8/16/89, Register 111

11 AAC 67.147 Early purchase; five-year purchase

(a) An entryperson desiring to purchase a homestead under AS 38.09.090(a) must file an early-purchase application within two years after the issuance of the entry permit. Except for a survey extension granted under 11 AAC 67.146(c), all applicable requirements of AS 38.09.050(a)(2), (a)(4), and (a)(5) must be met before filing an application to purchase.

(b) An entryperson desiring to purchase a homestead under AS 38.09.090(b) must file an application to purchase within five years after the issuance of the entry permit. All applicable requirements of AS 38.09.050(a)(2) - (a)(5) must be met before filing a five-year purchase application.

(c) If an extension has been granted under former AS 38.09.040(b) for the completion of a plat of survey for a homestead entry permit in effect before June 16, 1987, the processing of an early-purchase application submitted under (a) of this section will be suspended until the plat is approved. If the plat of survey is not approved within the extended period, the application to purchase will be denied. However, the entryperson remains eligible to file a five-year purchase application under AS 38.09.090(b) or to acquire the homestead under AS 38.09.050 if all applicable requirements are met, including the habitable dwelling requirement as set out in 11 AAC 67.148.

(d) If the director approves an application to purchase, the director will appraise the homestead and notify the entryperson by mail of the appraised purchase price. In the case of an application submitted under (a) of this section, the appraised purchase price of the homestead will equal the fair market value of the land at the issuance of the entry permit. In the case of an application submitted under (b) of this section, the appraised purchase price of the homestead will equal the fair market value of the land at the time of the appraisal. No later than 30 days after notice of the appraised purchase price is mailed to the entryperson, the entryperson may contest the appraisal by filing a request for reconsideration with the director, accompanied by the entryperson's opinion and supporting evidence of the homestead's fair market value. The director's decision on the request for reconsideration is final unless it is appealed to the commissioner no later than 30 days after it was mailed to the entryperson.

(e) The contract to purchase must be executed and returned to the department within 30 days after its mailing to the entryperson. The down payment for the purchase must be returned with the executed purchase contract. The director may, for good cause, extend the time period allowed for execution of the purchase contract.

History

Authority: AS 38.05.020; AS 38.09.090 AS 38.05.035; AS 38.09.110
Eff. 5/31/84, Register 90; am 7/19/85, Register 95; am 8/16/89, Register 111

11 AAC 67.148 Dwelling; extensions for completion

(a) No later than three years after the date the entry permit was issued, an entryperson who did not purchase the homestead under AS 38.09.090 and 11 AAC 67.147 shall submit proof of completion of a habitable, permanent dwelling. Proof must be submitted in the form of photographs and an affidavit from the entryperson, and must include a description of the dwelling, type of footings and foundation, dimensions of structure, type of construction, insulation, sewage facilities, heating facilities, cooking facilities, and water supply.

(b) A request for an extension of time under AS 38.09.040(a)(3) to complete a nearly completed dwelling must be filed with the department within three years after the date the entry permit was issued. For the purposes of an extension under AS 38.09.040(a)(3) and this section, "nearly completed" means either

(1) completion of a basement suitable for habitation; or

(2) completion of framing, closing in, and weatherproofing the dwelling.

(c) An extension granted under AS 38.09.040(a)(3) for completing a habitable permanent dwelling does not extend the time for completion of any other homestead requirement.

(d) If the entryperson fails to meet the requirements of (a) of this section within three years after the date the entry permit was issued, or within an extended period allowed by the director under (b) of this section, the entry permit automatically expires, and all rights of the entryperson to the homestead terminate. Any improvements or property of the entryperson will be managed by the department under AS 38.05.090.

(e) For the purposes of this section, "habitable, permanent dwelling" means a structure or mobile home suitable for year-round occupancy with at least 190 square feet of floorspace, built or placed on a permanent masonry or permanent treated-wood foundation, meeting the usual and customary construction standards for permanent dwellings in the area. Sanitary facilities must meet Department of Environmental Conservation requirements, and the structure must meet applicable local building codes.

History

Authority: AS 38.05.020; AS 38.09.040; AS 38.09.110 AS 38.05.035; AS 38.09.050
Eff. 5/31/84, Register 90

11 AAC 67.149 Request for patent

(a) A request for patent for a homestead not purchased under the provisions of AS 38.09.090 and 11 AAC 67.147 must be filed with the department within five years after the date the entry permit was issued. A request must be accompanied by an entryperson's affidavit of homestead residency and affidavits from at least three disinterested people who are not related to the entryperson attesting that, based on their personal knowledge, the entryperson has met the requirement of AS 38.09.050 that the entryperson "resides and lives" on the homestead entry land for at least 25 months during the five years after the entry permit was issued.

(b) In addition to the requirements of (a) of this section, a request for patent for an agricultural homestead must include either an inspection report from the division of agriculture, or photographs, affidavits, or other information acceptable to the director, showing compliance with the requirement that the land be cleared and either put into production or prepared for cultivation in accordance with AS 38.09.050(a)(5) and 11 AAC 67.154(6).

(c) In the case of an entry permit transfer under AS 38.09.030(c)(1) - (c)(4), the periods of residency by entrypersons during the time that each held the permit may be combined to meet the 25-month residency requirement. In the case of an entry permit exchange between entrypersons in the same homestead area under AS 38.09.030(c)(5), periods of residency by each entryperson before the exchange remain credited to that entryperson and are not exchanged with the permits.

(d) If an entryperson fails to meet the requirements of (a) of this section and, if applicable, the requirements of (b) of this section, the entry permit automatically expires, and all rights of the entryperson to the homestead terminate. Any improvements or property of the entryperson will be managed by the department under AS 38.05.090.

(e) For purposes of this section and AS 38.09.050, "resides and lives" means being physically present and living on the homestead for a minimum of 25 months during the five-year period. A month is defined as

(1) a minimum of 20 nights per calendar month; or

(2) five nights per week for any four separate weeks.

History

Authority: AS 38.05.020; AS 38.09.030; AS 38.09.110 AS 38.05.035; AS 38.09.050
Eff. 5/31/84, Register 90; am 8/16/89, Register 111

11 AAC 67.151 Forms; falsification; record address

(a) All filings with the department made under 11 AAC 67.142 - 11 AAC 67.155 must be made at the district office of the division of land and water management in the district where the homestead area is located.

(b) Falsifying information on forms or in any other documents required under 11 AAC 67.138 - 11 AAC 67.155 is a substantial breach of the terms and conditions of the homestead entry permit, and in addition to any other penalties allowed by law is cause for revocation of the permit.

(c) All filings made with the department in person by an applicant will be processed before filings made by mail or by an agent.

(d) The entryperson shall notify the department in writing of any change in the entryperson's address of record filed under 11 AAC 67.144 for all correspondence mailed to the entryperson. Notice mailed to the entryperson at the address of record constitutes notice to the entryperson.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.09.110
Eff. 5/31/84, Register 90

11 AAC 67.152 Access

(a) An entryperson has the right to obtain reasonable access across state land to his homestead, including access for utility lines. However, the entryperson must apply to the director for approval of the access route, construction methods, and the schedule for its establishment.

(b) Before the plat of survey is approved under 11 AAC 67.146(a)(1), the director may, after consulting with the entryperson, issue permits, rights-of-way, or easements across the homestead under AS 38.05.850.

History

Authority: AS 38.04.005; AS 38.05.020; AS 38.09.050 AS 38.04.035; AS 38.05.035; AS 38.09.110 AS 38.04.050; AS 38.05.850 AS 38.04.055; AS 38.09.010
Eff. 5/31/84, Register 90

11 AAC 67.153 Assignment; conveyance; transfer

(a) A request for a transfer of an entry permit under AS 38.09.030(c)(1) must be accompanied by either an order from a probate court determining to whom the permit should be transferred, or the certified copy of a probate court document appointing the applicant the personal representative of the entryperson's estate. The director may extend the time for acts required under the entry permit for the lesser of two years or a length of time equal to the interval between the death of the entryperson and the settlement of the estate. Additional extensions may be granted upon a showing of justifiable delay in the estate settlement. No extensions may be made under this section unless the department is notified, in writing, of the death of the entryperson before the expiration or termination of the entry permit.

(b) A request to transfer an entry permit under AS 38.09.030(c)(2) must be accompanied by proof of marriage.

(c) A request to transfer an entry permit under AS 38.09.030(c)(3) must be accompanied by a certified copy of an order of the court.

(d) In accordance with AS 38.09.030(c)(4), an entry permit may be transferred to a member of the entryperson's immediate family or to a grantee only if an extreme emergency occurs or if an illness disables the entryperson. The entry permit may be transferred to a grantee only if no member of the immediate family is eligible, capable, and willing to assume the entry permit. The entryperson shall submit a sworn statement and, in the case of an illness which disables the entryperson, a doctor's certificate, to establish that the conditions of the requested transfer are met.

(e) A transferee of an entry permit which is transferred under AS 38.09.030(c), other than a member of the immediate family, must meet the residency and age requirements of AS 38.09.030(a)(1).

(f) If the operation of AS 38.09.030(c) places a person in the position of holding more than one homestead entry permit simultaneously, the terms and conditions of each entry permit must be complied with independently in order to gain patent to each homestead. No person may take patent to more than one homestead for which the entry permit was transferred under the provisions of AS 38.09.030(c).

(g) A request for transfer of a homestead entry permit must be accompanied by a filing fee adopted by the commissioner. A transfer does not take effect until it is approved in writing by the director.

(h) All restrictions and procedures applicable to the transfer of an entry permit under this section are applicable to the transfer of a purchase contract executed under AS 38.09.090.

(i) A request to transfer a homestead entry permit by exchange between parties in the same homestead area must include the notarized signature of each party.

(j) For the purposes of this section

(1) an "extreme emergency" means an event or situation not reasonably foreseeable, and may not be based on mere financial considerations, or relocation for personal or business reasons. Mere expediency, convenience, or the best interests of the entryperson do not constitute an extreme emergency;

(2) an "illness" means the holder of an entry permit is physically or mentally incapable of complying with the terms of the homestead program for a period of not less than one year;

(3) "member of the immediate family" means the entryperson's spouse, mother, father, sister, brother, daughter, or son;

(4) "transfer" means any movement of a right, title, or interest under an entry permit from one party to another, and includes an assignment or conveyance.

History

Authority: AS 38.05.020; AS 38.09.030 AS 38.05.035; AS 38.09.110
Eff. 5/31/84, Register 90; am 8/16/89, Register 111

11 AAC 67.154 Agricultural homesteads

The following provisions apply to homesteads in selection areas classified as agricultural land under 11 AAC 55.050:

(1) [Annulled; see editor's note.] The interest conveyed by patent is only that portion of the state's title which constitutes the agricultural interest in the land conveyed. The state's transfer of the agricultural interest is the conveyance of the surface estate in fee simple subject to the conditions subsequent and covenants relating to agricultural use and development set out in (2) - (4) of this section. All other interests in the property remain in the absolute ownership of the state as required by AS 38.05.321, and are not the property of the grantee.

(2) [Annulled; see editor's note.] The use of the homestead land is restricted to the production of plants and animals useful to man, including forage and sod crops; grains and feed crops; fruits, trees, and vegetables; dairy animals and products, and livestock; and incidental uses not inconsistent with this agricultural restriction.

(3) [Annulled; see editor's note.] The subdivision of an agricultural homestead as permitted by AS 38.09.050(d) and (e) may not create any parcel of less than 40 acres, and must be consistent with an approved homestead conservation plan, submitted or amended under 11 AAC 67.155.

(4) [Annulled; see editor's note.] Buildings on agricultural homesteads are restricted as follows:

(A) before subdivision, an agricultural homestead may only have one permanent habitable dwelling, and other buildings that are either reasonably required to support the agricultural use of the homestead, or not inconsistent with that agricultural use;

(B) after a subdivision, each subdivided parcel may only have one permanent habitable dwelling and other buildings that are either reasonably required to support the agricultural use of the parcel, or not inconsistent with that agricultural use.

(5) [Annulled; see editor's note.] The conditions subsequent and covenants subsequent and covenants contained in (2) - (4) of this section are a part of the patent issued by the state and a breach of any part of those conditions or covenants may be remedied by actions for trespass, damages, and forfeiture under 11 AAC 67.165(b) - (d), or by any other remedy of law.

(6) In order to meet the requirements of AS 38.09.050(a)(5) for clearing and either production or preparation for cultivation, the entryperson must show, either through an inspection report from the division of agriculture or through photographs, affidavits, or other information acceptable to the director, that, at a minimum, the percentage of the homestead required by AS 38.09.050(a)(5) has been cleared of vegetation and broken in a manner that will permit cultivation by normal farm equipment.

History

Authority: AS 38.05.020; AS 38.09.010; AS 38.09.110 AS 38.05.035; AS 38.09.040 AS 38.05.321; AS 38.09.050
Eff. 5/31/84, Register 90; am 8/16/89, Register 111

11 AAC 67.155 Agricultural homestead conservation plan

(a) An approved homestead conservation plan is required as a condition of an agricultural homestead entry. The entryperson must, within 90 days of receiving an entry permit under 11 AAC 67.144, submit to the division of agriculture a conservation plan meeting the requirements of (d) of this section.

(b) An approved homestead conservation plan will be incorporated into the entry permit, purchase contract if applicable, and patent, as a covenant and a condition subsequent.

(c) If an entryperson fails to provide an acceptable conservation plan within the time specified, or within an extension of time granted by the director of the division of agriculture for good cause, the entry permit will be revoked.

(d) The conservation plan must include a map of the homestead showing

(1) the planned location of any clearing and breaking of ground;

(2) the location of windbreaks, homestead ponds, and other improvements.

(e) A homestead conservation plan may be modified upon request of the entryperson. A modification must be approved by the director of the division of agriculture.

(f) In deciding whether to approve or modify a homestead conservation plan, the director of the division of agriculture, after consulting with the local soil and water conservation district, shall review the plan for consistency with the substantive standards contained in the United States Department of Agriculture, Soil Conservation Services's Conservation Practices, Standards and Specifications for Alaska, January 1978.

History

Authority: AS 38.05.020; AS 38.09.010; AS 38.09.110 AS 38.05.035; AS 38.09.020
Eff. 5/31/84, Register 90

Authority: AS 38.04.900; AS 38.05.035; AS 38.05.069 AS 38.05.020; AS 38.05.050; AS 38.05.321
Eff. 4/28/78, Register 66

11 AAC 67.182 Disposal of Land

11 AAC 67.182. Modification of farm conservation plan. Repealed 11/5/86.

11 AAC 67.185 Disposal of Land

11 AAC 67.185. Farm development plan. [Annulled; see editor's note.] (a) The director may require a schedule of planned agricultural development by sale contract where such performance is in the state's interest. (b) The director may require evidence that the plan is economically sound.

History

Authority: AS 38.04.900; AS 38.05.035; AS 38.05.069 AS 38.05.020; AS 38.05.050; AS 38.05.321
Eff. 4/28/78, Register 66

11 AAC 67.187 Disposal of Land

11 AAC 67.187. Construction of real property improvements. [Annulled; see editor's note.] (a) In conjunction with a conveyance of an agricultural interest under secs. 160 - 195 of this chapter to a person who has not been granted a preference right, the director will authorize the construction of fixed, permanent, or immovable structures reasonably required for or related to agricultural production, within designated areas not over five acres, including that farmstead area normally required for yards, driveways, parking, barns, animals' pens, other outbuildings, and other similar uses. However, a maximum of 20 acres may be authorized and designated if unusual or large-scale real property improvements are necessary for agricultural development of the parcel conveyed. (b) All real property improvements must be depicted and described in the farm conservation plan and must be incorporated into the sale contract and the conveyance document. (c) Permission to construct real property improvements may be withheld from a preference right holder under 11 AAC 67.167(d). (d) Changes in the location or size of the area designated for real property improvements are subject to approval of the director. The director may approve a change if (1) the maximum area specified under (a) of this section is not exceeded; and (2) the change is consistent with a farm conservation plan approved under 11 AAC 67.177.

History

Authority: AS 38.05.020; AS 38.05.050; AS 38.05.321 AS 38.05.035; AS 38.05.069
Eff. 4/28/78, Register 66; am 5/13/79, Register 70

11 AAC 67.188 Disposal of Land

11 AAC 67.188. Subdivision. (a) Land conveyed under 11 AAC 67.160 - 11 AAC 67.192 may be subdivided for the purpose of transfer of ownership, subject to the approval of the director, if (1) the land originally conveyed has been patented; (2) the subdivision does not create a parcel of less than 40 acres; (3) [Annulled; see editor's note.] the subdivision is consistent with a farm conservation plan approved under 11 AAC 67.177; (4) [Annulled; see editor's note.] the agricultural use of the land has been maintained at substantially the same level as at the time of completion of the development required under 11 AAC 67.185; (5) [Annulled; see editor's note.] all original improvements to real property or rights to construct real property improvements under 11 AAC 67.187 on the land originally conveyed are designated for a single parcel of not less than 40 acres; (6) [Annulled; see editor's note.] all additional rights to construct real property improvements on land subdivided under this section are designated only for parcels of at least 640 acres. (b) [Annulled; see editor's note.] Additional rights to construct real property improvements on land subdivided under this section are subject to the requirements of 11 AAC 67.187. The total area designated for real property improvements on all the parcels resulting from a subdivision approved under this section may not exceed 20 acres. (c) [Annulled; see editor's note.] The single parcel described in (a)(5) of this section may not be conveyed until all the other parcels in the subdivision have been conveyed.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.321
Eff. 11/5/86, Register 100

11 AAC 67.190 Disposal of Land

11 AAC 67.190. Retained interests in land. [Annulled; see editor's note.] (a) Only the agricultural interest in land, as described in 11 AAC 67.162, may be conveyed under this chapter. All other interests in the land remain vested in the state unless subsequently disposed of under AS 38.05.069(c). Any such disposal is subject to all other provisions of law, including AS 38.05.035(e) and 38.05.945(c). (b) The grantee shall allow the state, through its duly authorized representatives, to enter during reasonable business hours upon the land in which the agricultural development interest has been conveyed, for the purpose of inspection.

History

Authority: AS 38.04.900; AS 38.05.035; AS 38.05.069 AS 38.05.020; AS 38.05.050; AS 38.05.321
Eff. 4/28/78, Register 66; am 3/30/83, Register 85

11 AAC 67.192 Disposal of Land

11 AAC 67.192. Sale, assignment, or sublease of agricultural interest. [Annulled; see editor's note.] (a) Any conveyance of the agricultural interest in an entire, unsubdivided parcel may be made after 30 days' prior written notice to the director. Notice must include a copy of the earnest money agreement, deposit receipt, or other evidence of the price and terms offered. Any such agreement with a prospective purchaser must contain notice that the purchase is contingent on the director's not exercising his 30-day first option to purchase. The director has the right to meet the price and terms offered, but if this option to purchase is not exercised, the director has no authority to disapprove of the conveyance to another purchaser. (b) Notice of the assignment for value of the agricultural interest in an undivided tract must be given the state in the same manner as provided in 11 AAC 58.580.

History

Authority: AS 38.04.900; AS 38.05.050; AS 38.05.325 AS 38.05.020; AS 38.05.069 AS 38.05.035; AS 38.05.321
Eff. 4/28/78, Register 66; am 5/13/79, Register 70

11 AAC 67.195 Disposal of Land

11 AAC 67.195. Homesteading. Repealed 10/14/79.

Article 8 Land Exchanges

11 AAC 67.200 Disposal of Land

11 AAC 67.200. Purpose. 11 AAC 67.200 - 11 AAC 67.280 establish procedures for the disposal of state land or interests in state land by exchange as authorized by AS 38.50.010 - 38.50.170.

History

Authority: AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92

11 AAC 67.210 Disposal of Land

11 AAC 67.210. Initiation of exchange. (a) A proposed exchange of state land or interests in state land must be initiated by written application to the department by a qualified party to an exchange, as defined by AS 38.50.030. (b) An application must be accompanied by written proof acceptable to the department that the applicant is the owner of, or is legally entitled to, the land or interests in land proposed for exchange, or that the applicant is authorized to act on behalf of the owner of the land or interests in land proposed for exchange. (c) An application must describe the perceived public benefits to be derived from the proposed exchange. (d) The department will respond in writing to an application made under this section within 60 days after its receipt. The response will indicate whether the department determines that it is in the public interest to negotiate a preliminary exchange agreement under 11 AAC 67.230.

History

Authority: AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92

11 AAC 67.220 Disposal of Land

11 AAC 67.220. State land or interests in state land subject to exchange. (a) The state will, in its discretion, exchange land or interests in state land if (1) the exchange is not inconsistent with a land use plan adopted or amended under AS 38.04.065; and (2) the land is classified under 11 AAC 55 and the classification is (A) agricultural, commercial, industrial, private recreation, reserved use, residential, or utility if classified before September 7, 1983; or (B) agricultural, reserved use, or settlement, if classified after September 6, 1983. (b) Nothing in this section requires classification or prohibits reclassification under 11 AAC 55 of state land or interests in state land proposed for exchange. (c) Only agricultural interests may be exchanged on land classified agricultural under 11 AAC 55.

History

Authority: AS 38.05.321; AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92

11 AAC 67.230 Disposal of Land

11 AAC 67.230. Preliminary exchange agreement. (a) If, under 11 AAC 67.210, the department determines it is in the public interest to pursue the proposed land exchange, the department and the party, or parties, will enter into a preliminary exchange agreement which (1) accurately identifies the land or interests in land, whether surface or subsurface estate, or both, proposed for exchange by each party; (2) describes the benefits to be derived by the parties as a result of the exchange; (3) summarizes each party's responsibilities for conducting the appraisals required by 11 AAC 67.240 and specifies the instructions for the appraisals; (4) contains a proposed timetable for completion of the various stages of the exchange, including the proposed dates for appraisal submission, public notice, hearing, preparation of final exchange agreement, and execution of the exchange; (5) indicates all costs including, but not limited to, those of any necessary survey and advertising, to be paid by each party to an exchange; (6) indicates land survey responsibilities, if any; (7) describes any known improvements constructed on the land proposed to be exchanged; (8) commits each party to examine the land or interests in land proposed to be exchanged and to identify any known unauthorized entries; and (9) states that no party may create new third-party interests in the land proposed for exchange until after the exchange is executed, unless otherwise agreed to by all parties to the exchange. (b) Upon entering into a preliminary exchange agreement under this section, the department will initiate procedures to close the state land proposed for exchange to mineral entry and location under AS 38.05.185. (c) A preliminary exchange agreement entered into under this section segregates the affected state land or interests in state land from future actions which may result in the creation of third-party interests. Necessary state land title record notations will be made under 11 AAC 53.010 - 11 AAC 53.050 to assure that this section is properly implemented.

History

Authority: AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92

11 AAC 67.240 Disposal of Land

11 AAC 67.240. Appraisal. (a) Land or interests in land included in the preliminary exchange agreement must be appraised by a qualified land appraiser acceptable to each party to the proposed exchange. (b) Each party to the proposed exchange shall pay the cost of appraising the land or interests in land each offers for exchange, unless otherwise agreed by all participating parties. (c) All parties to the proposed exchange shall review each appraisal upon completion. If a party to the proposed exchange disputes another's appraisal, that party may obtain an appraisal at its own expense, to be completed within a period agreed to by the parties. If the parties do not agree to the values specified in either appraisal, a final appraisal must be obtained from an appraiser acceptable to the parties to the proposed exchange within a period agreed to by the parties, with the cost of the final appraisal shared equally by the parties. If a final appraisal is prepared under this section, it must be used in the final exchange agreement. (d) For the purposes of this section, AS 38.05.840, and AS 38.50.020(b), a state appraisal is not completed until it is approved by the department. An appraisal completed by a party to an exchange is completed on the date the appraisal is approved by the other party.

History

Authority: AS 38.05.840; AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92; am 2/9/2001, Register 157

11 AAC 67.250 Disposal of Land

11 AAC 67.250. Public hearing. (a) A public hearing held under AS 38.50.120 will be conducted by the department in person or by teleconference before the execution of the proposed exchange. (b) The notice prepared under AS 38.50.110 will (1) state the manner in which the department will conduct the public hearing, if one is scheduled; or (2) provide an opportunity to request a public hearing, if one is not scheduled. (c) The department will, in its discretion, conduct a public hearing upon receipt of a request made under (b)(2) of this section.

History

Authority: AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92

11 AAC 67.260 Disposal of Land

11 AAC 67.260. Final exchange agreement. (a) After all requirements of AS 38.50 and 11 AAC 67.200 - 11 AAC 67.280 have been met, and before the exchange is executed, a final exchange agreement must be entered into by all parties to an exchange. (b) A final exchange agreement must contain all terms, conditions, and considerations of the proposed exchange, including (1) final descriptions of the land or interests in the land proposed to be exchanged; (2) an identification of the instruments by which ownership of the land or interests in land was obtained; (3) an identification of any taxes and assessments owed on the property and third-party interests including, but not limited to, liens, claims, encumbrances, easements, rights-of-way, leases, reservations, covenants, and other agreements that affect the land to be exchanged, including a declaration of the extent to which these obligations will be discharged or interests extinguished before the proposed exchange is executed; (4) a detailed accounting of the amount of money or other consideration, if any, to be paid to, or offered by, any party to the proposed exchange to equalize the values of the land or interests in land proposed for exchange; and (5) the easements, reservations, or other title encumbrances, if any, to be reserved in the final conveyance documents. (6) Repealed 12/27/2012. (c) For the purposes of this section and AS 38.50.140, the appraised fair market values of the land or interests in land proposed for exchange may be equalized by: (1) full cash payment at the time of the execution of the proposed exchange; or (2) subtracting from the appraised fair market value of the land or interests in land that a party to the exchange proposes to exchange, the value of that portion of the land or interests in land being given to the state as a donation. (d) In no case may the value of cash equalization made by any party to the exchange under (c)(1) of this section, or a donation made by a party to the exchange under (c)(2) of this section, exceed 25 percent of the appraised fair market value of the state land or interests in state land proposed for exchange.

History

Authority: AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92; am 12/27/2012, Register 204

11 AAC 67.270 Disposal of Land

11 AAC 67.270. Title insurance. The department will, in its discretion, require that the title the state receives be insured, with the state as the named insured, by a title insurance company licensed to do business in Alaska. The department will, in its discretion, accept a title insurance policy with exceptions to complete vesting of title in the owner of the property. The cost of title insurance, unless otherwise agreed, must be paid by the party offering the land or interests in land.

History

Authority: AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92

11 AAC 67.280 Disposal of Land

11 AAC 67.280. Execution of exchange. (a) No exchange may be executed sooner than 30 days after the date the final exchange agreement is signed. The department will convey land or interests in land by patent or quitclaim deed. Other parties to the exchange shall convey land or interests in land by patent, quitclaim deed, or general warranty deed. (b) A deed executed by an individual grantor must disclose the marital status of the grantor. The spouse of a married grantor must join in the execution of the deed. (c) A patent or deed executed by a corporation must state that the deed is executed in accordance with a resolution or order by the corporation's board of directors or other governing body. A copy of the resolution or order must accompany the patent or deed, and both must bear the corporate seal. (d) No special conditions or limitations may be imposed in a final conveyance document unless previously agreed to in writing in the final exchange agreement entered into under 11 AAC 67.260, or unless required by law.

History

Authority: AS 38.50.010; AS 38.50.160
Eff. 10/21/84, Register 92

Eff. 3/30/83, Register 85; repealed 2/9/2001, Register 157

Authority: AS 38.04.050; AS 38.05.020; AS 38.05.127 AS 38.04.055; AS 38.05.035; AS 38.05.600
Eff. 2/9/2001, Register 157

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.065
Eff. 1/1/86, Register 96

Authority: AS 38.05.020; AS 38.05.940
Eff. 8/16/89, Register 111

Authority: AS 38.04.900; AS 38.05.020; AS 38.05.058
Eff. 5/13/79, Register 70

11 AAC 67.912 Disposal of Land

11 AAC 67.912. Combining discounts. Repealed 10/14/79.

11 AAC 67.915 Disposal of Land

11 AAC 67.915. Single use of discount. Any use of an applicant's discount makes him ineligible for a discount on any later purchase of state land, even if the full amount of discount the person is eligible for was not used.

History

Authority: AS 38.04.900; AS 38.05.020; AS 38.05.058
Eff. 5/13/79, Register 70

Article 11A Disposal by Quitclaim to Federal Government

11 AAC 67.930 Disposal of Land

11 AAC 67.930. Purpose and procedure. (a) State land or an interest in state land will, in the director's discretion, be disposed of by quitclaim deed to the United States under AS 38.05.035(b)(9) if (1) the director determines that the original conveyance of the land from the United States to the state was wrongful or erroneous because (A) the land was subject to a valid private claim of legal or equitable title; or (B) the land conveyed was not selected by the state or was not available for state selection; or (C) the state's title to the land is otherwise defective; (2) a finding is made under AS 38.05.035(e) that the interests of the state will best be served; and (3) public notice of the finding required by (2) of this subsection is given under AS 38.05.945. (b) A quitclaim deed issued under this section is effective as a transfer of legal title to the United States only upon signature of acceptance on the deed by an authorized official of the United States.

History

Authority: AS 38.05.020; AS 38.05.035
Eff. 5/3/85, Register 94

Article 12 Definitions

11 AAC 67.990 Disposal of Land

11 AAC 67.990. Definitions. In this chapter (1) "continuous residency" means residency within Alaska that is unbroken by any absence of more than 30 days, excepting absence for (A) military service or school attendance by the applicant or the applicant's spouse, or medical treatment for the applicant or the applicant's spouse, if the applicant resided in Alaska one year before the absence and immediately returned to Alaska following the military service, school attendance, or medical treatment, and if the military discharge papers, school records, or medical records, as appropriate, show an Alaskan home address; or (B) any other reason for a period of up to one year, during which the applicant held real property in Alaska, paid all applicable Alaska state and local taxes, and maintained his Alaska residency for voting purposes; (2) repealed 8/16/89; (3) "household" means all the persons residing together within a single-family dwelling unit; (4) "grantee" includes the heirs and assigns of the grantee; (5) "occupancy" means living at a given location for an average of at least four nights per week; however, if this is the permit holder's only place of residence, the permittee is not required to be present at the location on a continuous basis; (6) "simultaneous filing period" means a filing period during which all applications filed have an equal priority in time; there is no advantage in filing near the beginning of the period, nor any disadvantage in filing near the end.

History

Authority: AS 38.04.900; AS 38.05.020; AS 38.08.110
Eff. 5/4/78, Register 66; am 5/13/79, Register 70; am 3/30/83, Register 85; am 8/16/89, Register 111

Chapter 69 Escheated Real Property

11 AAC 69.010 Management of escheated real property by department

(a) This section constitutes the commissioner's finding under AS 38.05.185(a) that escheated real property is closed to mining and mineral location because those activities are incompatible with recovery by a claimant, and recovery by a claimant is a significant surface use. The closure under this subsection remains in effect until the effective date of a best interest finding under AS 38.95.230(a), or two years after the date of judgment of escheat, whichever is earlier.

(b) If a best interest finding under AS 38.95.230(a)(1) commits escheated real property to a surface use incompatible with mining and mineral location, the commissioner will issue a mineral closing order under AS 38.05.185(a) along with the finding. The mineral closing order remains in effect until seven years after the date of the judgment of escheat, or until the date the property is sold, whichever is earlier.

(c) If a best interest finding under AS 38.95.230(a)(2) requires the state to retain escheated real property that does not have an established value for redemption under AS 38.95.240(c), the best interest finding will include a determination that no sale, lease, exchange, assignment, or mining location, nor any other disposal or development, may occur with respect to the escheated real property for the seven-year period during which claims are allowed under AS 38.95.240. The commissioner will issue a mineral closing order under AS 38.05.185(a) that states that mineral activity is incompatible with recovery by a claimant. The mineral closing order remains in effect until seven years after the date of the judgment of escheat.

History

Authority: AS 38.05.020; AS 38.95.230; AS 44.17.030 AS 38.05.185; AS 38.95.240
Eff. 8/16/89, Register 111

11 AAC 69.020 Appraisals

(a) If the department retains escheated real property and, after the seven-year redemption period, disposes of the property for less than fair market value, the department will first appraise the property in order to establish its fair market value so that it may later satisfy a successful claimant under AS 39.95.240(d) who was a minor or an incapacitated person during the redemption period.

(b) An appraisal of escheated real property under AS 38.95.230(a)(1) will occur within two years after the judgment of escheat under AS 38.95.220.

History

Authority: AS 38.05.020; AS 38.95.230; AS 44.17.030
Eff. 8/16/89, Register 111

11 AAC 69.030 Expenses of sale or appraisal

The department will document all "expenses of sale or appraisal" under AS 38.95.230(b). "Expenses of sale or appraisal" include

(1) publication and other advertising costs;

(2) attorney fees;

(3) appraisal costs;

(4) platting costs;

(5) survey costs; and

(6) rental costs for sale facilities.

History

Authority: AS 38.05.020; AS 38.95.240 AS 38.95.230; AS 44.17.030
Eff. 8/16/89, Register 111

11 AAC 69.040 Procedure for making claims to escheated real property

A claimant to escheated real property under AS 38.95.240(e) may apply for redemption of the property if the application is submitted to the department no later than seven years after the date of the judgment of escheat. An application must

(1) be on a form provided by the department, be signed under oath by the claimant, and be complete;

(2) include a receipt or other proof of payment of the application fee required under 11 AAC 05.160; and

(3) include proof of the claim, as required by 11 AAC 69.050.

History

Authority: AS 38.05.020; AS 38.95.240 AS 38.95.230; AS 44.17.030
Eff. 8/16/89, Register 111; am 7/1/2018, Register 227

11 AAC 69.050 Proof of claim to escheated real property

A claimant to escheated real property under AS 38.95.240(e) must substantiate the claim, to the satisfaction of the commissioner, by providing authenticated copies of deeds and other title instruments that demonstrate an unbroken chain of title resulting in the claimed ownership, and authenticated copies of other appropriate documents, which might include

(1) a final judgment of a state or federal court that

(A) conclusively determines the heirs to the subject property and their respective shares, or

(B) resolves gaps in the claimant's proposed chain of title, or

(C) awards rights to claim the real property in respective shares to a corporation, its directors, officers, or shareholders, or court designees; and

(2) official written confirmation of the election or appointment of a director to the board of directors of a corporation, with the specific dates of office identified, and official written confirmation of the director's express authority under the corporate bylaws to represent the corporation in real estate transactions.

History

Authority: AS 38.05.020; AS 38.95.240
Eff. 8/16/89, Register 111

11 AAC 69.900 Definitions

(a) In this chapter,

(1) "commissioner" means the commissioner of natural resources;

(2) "department" means the Department of Natural Resources.

(b) Unless the context indicates otherwise, in this chapter and in AS 38.95.200 - 38.95.270, "real property" means an interest in land and its appurtenances, corporeal or incorporeal.

History

Authority: AS 38.05.020; AS 38.95.240; AS 44.17.030 AS 38.95.230; AS 38.95.250
Eff. 8/16/89, Register 111

Chapter 71 Timber and Material Sales

Article 1 Timber and Material Sale Procedures

11 AAC 71.005 Applicability

This chapter applies to sales of timber or material by the State of Alaska.

History

Authority: AS 38.05.020; AS 38.05.110
Eff. 7/2/82, Register 83

11 AAC 71.010 Timber and material sale offering

(a) The director will determine the location and approximate volumes of timber and of material to be made available for sale under this chapter.

(b) The director will include each proposed timber sale on the five year sale schedule in accordance with AS 38.05.113, unless that sale is exempt under (c) or (d) of this section.

(d) An emergency sale is exempt from AS 38.05.113. An emergency sale is a sale of timber that the director finds must be made on a expedited basis to

(1) avoid loss of the market value of timber that has been damaged by fire, insect infestation, or an act of nature;

(2) avoid loss of the market value of timber that is threatened by insect infestation;

(3) create fire breaks;

(4) reduce fuel-loading of the forest; or

(5) reduce the spread of insect infestation.

(e) The division will offer timber or material sales on land selected by a municipality under AS 29.18.201 - 29.18.213 with the concurrence of the municipality.

History

Authority: AS 38.05.020; AS 38.05.113; AS 38.05.120 AS 38.05.110; AS 38.05.115
Eff. 7/2/82, Register 83; am 3/25/93, Register 125

11 AAC 71.015 Timber or material requested by other state agencies

The division will, in its discretion, transfer timber or material to another state agency by an interagency land management assignment or negotiated sale pursuant to AS 38.05.810. The division will not offer a timber or material sale within the area which is subject to the inter-agency land management assignment without the concurrence of the other state agency.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/2/82, Register 83; am 3/14/2026, Register 257

11 AAC 71.020 Notice of sale

(a) The division will give public notice of a competitive sale of timber or material in accordance with AS 38.05.945. Public notice given under this subsection will state

(1) the minimum acceptable bid, if applicable;

(2) the method of bidding;

(3) the time and place of sale;

(4) the amount of deposit required;

(5) whether additional information is available at division offices;

(6) the duration of the contract;

(7) that the state reserves the right to reject any or all bids and that, unless all bids are rejected, the sale will be awarded to the responsible qualified bidder offering the highest total bid value for timber and the highest unit price for material; and

(8) the amount of any bond required.

(b) The division will, in its discretion, make a negotiated sale of 500 M.B.M. or less of timber or 25,000 cubic yards or less of material without giving public notice of the sale.

(c) The division will give public notice of a negotiated timber sale authorized by AS 38.05.118 in accordance with AS 38.05.945.

(d) The division will, in its discretion, make a negotiated sale of timber or material authorized by AS 38.05.810(a) without giving public notice of the sale in accordance with AS 38.05.945.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.025 Applicable laws and regulations

A purchaser or licensee under this chapter and the purchaser's or licensee's employees, subcontractors, and assigns shall comply with the federal, state, and local laws and regulations which apply to the protection and use of the land on which the timber or material is located. Compliance with the provisions of this chapter is a condition of a sale or license under this chapter. Failure to comply with the provisions of this chapter is cause for suspension or cancellation of the sale or license.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/2/82, Register 83

11 AAC 71.030 Qualifications of applicant or bidder

(a) A person is qualified to apply or bid for a timber or material sale if he is

(1) at least 18 years of age, if an individual;

(2) legally competent to enter into and carry out the provisions of a sale contract; and

(3) licensed to do business in the state, if the sale is for commercial intention.

(b) The director may require an applicant or bidder to submit conclusive evidence of his qualifications under (a) of this section.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/2/82, Register 83

11 AAC 71.035 Application for negotiated sales

(a) A person seeking to negotiate the purchase of more than 10 M.B.M. of timber or more than 200 cubic yards of material must file an application at the regional office of the division nearest the desired purchase site on a form provided by the department. The applicant must file a separate application for each sale. The application fee, if any, prescribed by 11 AAC 05.080 or 11 AAC 05.130 must accompany the application. The application must contain the contract numbers of each timber or material contract the applicant has entered into with the state during the previous 12 months. The applicant need not list the applicant's log salvage licenses. For negotiated sales, the division will consider the subsidiaries, divisions, branches, partnerships, or joint ventures of the applicant to be the same applicant.

(b) A person who seeks to salvage unbranded or abandoned timber must apply for a log salvage license in accordance with 11 AAC 71.405.

History

Authority: AS 38.05.020; AS 38.05.110; AS 38.05.120 AS 38.05.035; AS 38.05.115; AS 38.05.850
Eff. 7/2/82, Register 83; am 1/1/86, Register 96; am 2/8/2001, Register 157; am 7/1/2018, Register 227

11 AAC 71.040 No rights before sale

Filing an application for the purchase of timber or material does not vest a right in the applicant to enter upon the land or to sever or remove the timber or material. If a person, while unauthorized to do so, enters upon state land and commences cutting, extraction, or salvage operations, the division will, in its discretion, refer the person to the Department of Law for appropriate civil or criminal action.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.120
Eff. 7/2/82, Register 83

11 AAC 71.045 Negotiated sales

(a) A purchaser may enter into more than one negotiated timber or material sale contract with the division, so long as the total amount purchased within any 12-month period does not exceed the negotiated timber or material sale limits set by AS 38.05.115. The negotiated timber sale limit set by AS 38.05.115 does not apply to timber acquired under a log salvage license under 11 AAC 71.400 - 11 AAC 71.435.

(b) Notwithstanding the provisions of (a) of this section, the division will not enter into a negotiated sale contract with a person to whom the division has previously sold timber or material if the director determines that the contract will unfairly exclude from participation in the sale of timber or material other interested persons to whom the division has not previously sold timber or material.

(d) The director will establish a minimum deposit for a negotiated sale of more than 10 M.B.M. of timber or 200 cubic yards of material, which the purchaser must make at the time the sale contract is entered into. For a timber sale contract, the director will require a deposit of at least five percent of the negotiated price and may require as much as 100 percent. For a negotiated material sale contract, the director will require a deposit of at least ten percent of the negotiated price or $250, whichever is more. The department will retain the deposit to cover administrative costs incurred in offering the negotiated material sale, except that if the purchaser removes and pays for at least 75 percent of the material volume covered by the contract, the deposit may be applied, in whole or in part, to the final payment that becomes due under the contract. A purchaser may make a deposit under this section in cash or by certified check, cashier's check, or money order.

(e) A negotiated timber sale under AS 38.05.115, is for a period of time that may not exceed two years. The division will not grant an extension of time under this subsection.

History

Authority: AS 38.05.020; AS 38.05.120; AS 38.05.860 AS 38.05.115; AS 38.05.850; AS 38.35.020
Eff. 7/2/82, Register 83; am 8/23/87, Register 103; am 8/16/89, Register 111; am 8/6/94, Register 131; am 6/21/98, Register 146; am 2/8/2001, Register 157; am 6/29/2018, Register 226

11 AAC 71.050 Negotiated personal-use timber sales; limited material permits

(a) The division may negotiate with a person for the sale of timber for the person's personal use, or issue a revocable, nonexclusive permit for the removal of up to 200 cubic yards of material for personal or commercial use. Timber acquired by a purchaser in a sale under this section may not be sold, bartered, or used for commercial purposes.

(b) The division will, in its discretion, require a person applying for a negotiated personal-use sale of timber to be used other than for fuel wood to show proof of having land on which to use the timber and to show proof that timber acquired by the person in previous personal-use sales was actually used in accordance with the terms of that sale.

(c) The purchaser must make payment in full of the total sale price in order for a contract to be executed for a personal-use timber sale or to receive a limited material permit under this section. A formal application or application fee is not required for a limited material permit.

(d) A negotiated personal-use timber sale is for a negotiated period of time that may not exceed one year. The division will not grant an extension of time under this subsection.

History

Authority: AS 38.05.020; AS 38.05.120 AS 38.05.115; AS 38.05.850
Eff. 7/2/82, Register 83; am 2/8/2001, Register 157

11 AAC 71.055 Negotiated sales under AS 38.05.118

(a) Upon a finding that the sale under AS 38.05.118 is in the best interest of the state, the division may negotiate a sale of timber to a local manufacturer of wood products or a user of wood fiber at appraised value.

(b) In determining whether a negotiated sale under this section is in the best interests of the state, the commissioner will consider

(1) the local manufacturer's

(A) financial backing and capability;

(B) experience in the proposed undertaking; and

(2) any other factors the commissioner determines to be in the best interests of the state.

History

Authority: AS 38.05.020; AS 38.05.118 AS 38.05.115; AS 38.05.120
Eff. 7/2/82, Register 83; am 9/6/96, Register 139; am 7/6/2006, Register 179; am 6/29/18, Register 226

11 AAC 71.060 Competitive sales

The division will conduct public oral outcry auctions for the competitive sale of timber or materials in accordance with the procedures established for land auctions by 11 AAC 67.045. If the division sells timber or materials by sealed bid, the sealed bids must be on bid forms furnished by the division, signed, and submitted as specified in the notice of sale. In the event of a tie in high sealed bids, the division will determine the successful bidder by lot. The division will reject a bid containing or submitted with a condition or qualification on or a material alteration of the terms as specified in the notice of sale, or which is otherwise not in accordance with law.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.120
Eff. 7/2/82, Register 83

11 AAC 71.065 Competitive sale bid deposits

(a) A bidder at an oral outcry auction conducted under 11 AAC 71.060 must deposit with the selling agent, before being eligible to bid, at least 10 percent of the appraised value of the timber or materials on which he intends to bid if the appraised value is $100,000 or less, and at least five percent or $10,000, whichever is more, if the appraised value is between $100,000 and $500,000. If the appraised value is $500,000 or more, the director will state the minimum deposit in the notice of sale.

(b) If the sale under 11 AAC 71.060 is by sealed bid, the bidder must deposit an amount determined in accordance with (a) of this section, based on the amount of the sealed bid.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.860 AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.070 Pre-sale deposits for negotiated timber sales

(a) In addition to the deposit required under 11 AAC 71.045, if any, the director will, in his discretion, require an applicant for a negotiated timber sale under 11 AAC 71.035 to deposit an amount equal to the estimated cost of the appraisal, survey, and advertising required under this chapter.

(b) If the division awards the sale to the applicant, the division will credit the money deposited under this section to the amount owed the state for stumpage under the terms of the sale.

(c) If the division does not award the sale to the applicant, the division will refund the money deposited under this section which has not been spent to the applicant.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.860 AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.075 Award of sale

(a) Within 30 days after receipt by certified mail of a contract under this chapter, the purchaser of timber or material must sign and return the contract, together with any required bond. However, the director may, in his discretion, extend the period an additional 30 days. If the purchaser fails to complete the contract as required in this section his deposit under 11 AAC 71.070 will be forfeited.

(b) For competitive sales, if the successful bidder fails to comply with the requirements of (a) of this section the director may offer the sale within 45 days to the next high bidder at the price which he bid and under the same terms and conditions. If the next high bidder accepts the offer of sale at the price he bid, he must sign and return the contract, together with a required bond, within 30 days of receipt of the contract by certified mail.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/2/82, Register 83

11 AAC 71.080 Passage of title

Except for timber under a valid log-salvage sale license, all right, title, and interest in or to timber or material included in a contract remains with the state until the timber or material has been cut or severed, determined as to volume, removed from the site, and paid for in compliance with contract provisions and applicable laws and regulations. Timber or material which is not removed from the sale or license area by the purchaser or licensee within the period specified by the contract or license or by an extension to the contract or license remains the property of the state.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.085 Volume determinations

(a) The division will estimate timber volumes used in appraisals and as a basis for the volume of timber included in a timber sale offering by a timber cruise method prescribed by the director.

(b) Timber volumes reported in cutting reports by the purchaser as a basis for payment must be determined by scaling, unless otherwise specified in the contract.

History

Authority: AS 38.05.020; AS 38.05.110; AS 38.05.115
Eff. 7/2/82, Register 83

11 AAC 71.090 Pricing for sale of materials

(a) Except as otherwise provided, the commissioner will price material for sale under AS 38.05.550 - 38.05.565 and this chapter in accordance with this section.

(b) It is in the public interest and serves a public purpose that the department convey material to a state agency or public corporation at a base price of $0.00 per cubic yard and without retaining a reversionary interest.

(c) The commissioner will periodically establish base prices for material that represent the administrative cost to the state of conducting the sale. The base prices may vary by area to account for local conditions on administrative cost. The department will use the base prices for material sales at less than their appraised value to a government agency not addressed in (b) of this section under AS 38.05.810(a).

(d) The commissioner will periodically establish representative sales prices for material that are an estimate of the material's fair market value. Representative sales prices may vary by area to account for local conditions, but may not be less than the base prices established under (c) of this section.

(e) Notwithstanding (d) of this section, an applicant may, at the applicant's own cost, provide an appraisal acceptable to the department establishing the fair market value of the materials. The department may sell materials from the same source to any buyer at the price established by an appraisal accepted by the department under this subsection.

(f) The appraised fair market value for material sold under (e) of this section will consider operating costs unique to the material source. The sales price for material sold under (d) of this section will, in the discretion of the commissioner, allow for adjustments for operating costs unique to the material source, including

(1) testing for and removal of contamination caused by another party's previous use of the material; or

(2) road construction that will benefit the state after the sale is concluded.

(g) Personal use of materials for purposes of AS 38.05.555 consists of use by a private individual for other than resale or barter.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.555
Eff. 7/2/82, Register 83; am 6/21/98, Register 146; am 3/14/2026, Register 257

11 AAC 71.092 Pricing for sale of timber

(a) The commissioner will determine the price of timber for sale under AS 38.05 and this chapter in accordance with this section.

(b) When the commissioner considers entering into a timber sale contract under AS 38.05.123,

(1) the commissioner will establish a base price for timber stumpage that represents the cost to the Division of Forestry and Fire Protection of administering the timber sale contract after purchase; the Division of Forestry and Fire Protection may not sell the timber for less than its base price;

(2) the base price for timber determined under (1) of this subsection is subject to adjustment; the commissioner will, in the commissioner's discretion, establish an initial stumpage rate; the rate is set by adding adjustments to the base price based upon factors that include, but are not limited to,

(A) the projected or actual percentage of the volume of timber sold under the contract that is locally manufactured into high value-added wood products or other value-added wood products; and

(B) the projected or actual costs to the purchaser of the timber of establishing or improving local manufacturing facilities for the wood products.

(c) Except for timber that is subject to sale under a timber sale contract as provided in AS 38.05.123(a), the department will sell timber on the basis of its appraised price. The appraised price is a formal determination of the timber's fair market value and is determined by an appraisal conducted by the commissioner. The commissioner will, in the commissioner's discretion, select and apply one or more appraisal methods to determine the appraised price of the timber. Appraisal methods include, at the discretion of the commissioner, comparative market or transactional evidence; end or residual values; other methods customarily used for appraising timber; or another method designed to yield fair market value as determined by the commissioner. To make the appraisal, the commissioner will, in the commissioner's discretion, use costs, prices, values, and other information obtained from prudent operators, state and federal agencies, industry associations, price or market reporting services, or other sources that the commissioner considers reliable.

(d) The commissioner will, in the commissioner's discretion, adjust the appraised price or adjust the method of appraisal under (c) of this section to allow for operating costs. Operating costs that the commissioner may allow include, but are not limited to, costs for activities such as recovering, removing, handling, storing, or transporting the timber.

(e) Except when a redetermination of the appraised value of unharvested timber is required by AS 38.05.118(a), a contract for the sale of timber will, in the discretion of the commissioner, provide for a redetermination of the appraised price of the timber at specified intervals in order to evaluate the original appraised price as a continued indicator of fair market value. The department may conduct a redetermination under 11 AAC 71.210 whenever a timber sale contract is extended. A timber sale contract must specify other conditions when a redetermination is required and must specify the method of redetermination.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.123 AS 38.05.110; AS 38.05.118
Eff. 6/21/98, Register 146

11 AAC 71.094 Number of high value-added contracts per region

(a) For the purpose of entering into timber sale contracts for local manufacture of high value-added timber products under AS 38.05.123, the commissioner will negotiate no more than the following number of timber sale contracts each year:

(1) 10 sales per year in region I;

(2) five sales per year in region II; and

(3) five sales per year in region III.

(b) For the purposes of this section, the regions and their boundaries are the same as the regions and boundaries set out in AS 41.17.950 (State Forest Practices Act).

History

Authority: AS 38.05.020; AS 38.05.123
Eff. 6/21/98, Register 146; am 6/24/2004, Register 170; am 9/10/2005, Register 175

11 AAC 71.095 Performance bond

(a) In connection with a timber or material sale, the director will, in his discretion, require the purchaser to provide a performance bond to guarantee performance of the terms of the contract.

(b) If the director requires a performance bond under this section, the bond amount will be based on the total value of the sale: If the total value of the sale is

(1) $50,000 or less, the bond amount will be at least 10 percent of the total value of the sale;

(2) between $50,000 and $100,000, the bond amount will be at least $5,000; or

(3) $100,000 or more, the bond amount will be at least five percent of the total value of the sale, but will not exceed $200,000.

(d) If the value of the sale is more than $10,000, the bond amount will be rounded to the nearest $1,000.

(e) The performance bond must be executed on a form provided by the division and may be

(1) a corporate surety bond issued by a corporation licensed to do business in Alaska;

(2) a personal bond secured by cash or its equivalent or by negotiable securities acceptable to the director, in a sum equal to the amount of the bond, together with an assignment of the security to the state which is attached to and becomes a part of the security; or

(3) an individual surety bond guaranteed in a sum equal to the amount of the bond by each of at least two individual sureties who are not related to the purchaser, are of good financial standing, are acceptable to the director, and have liquid assets sufficient to meet any obligation arising from the contract.

(f) The performance bond must remain in effect for the duration of the contract or until released in writing by the director.

(g) If, as determined by the director, the removal of timber or material from a portion of the sale area has been satisfactorily completed, the director will, in his discretion and upon written request of the purchaser, reduce the amount of the performance bond.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.096 Definition of "high value-added wood product"

For the purposes of a negotiated timber sale made under AS 38.05.123, "high value-added wood product" has the meaning given that term in AS 38.05.123(j), and, in addition, means laminated veneer lumber, shakes, and shingles.

History

Authority: AS 38.05.020; AS 38.05.123
Eff. 6/21/98, Register 146

11 AAC 71.098 Availability of processing facilities

(a) As part of a negotiated timber sale under AS 38.05.123, in addition to the requirements of AS 38.05.123(f), a prospective purchaser of state timber in the sale shall identify the facilities that the prospective purchaser will use for processing the timber.

(b) Timber purchased under AS 30.05.123 may not be harvested unless the facilities identified by the purchaser under (a) of this section are operational and capable of processing the timber.

History

Authority: AS 38.05.020; AS 38.05.123
Eff. 6/21/98, Register 146

11 AAC 71.100 Rights-of-way

(a) The division will obtain options for the rights-of-way necessary to grant access to a timber sale area. The division, in its discretion, will require a timber purchaser under this chapter to convey to the state temporary easements satisfactory to the director for roads used in hauling timber across private land to the intersection with the nearest public road or public water. Before the acquisition of the easements, the director will consult with adjacent landowners whose interests may be affected by their location.

(b) A purchaser of material under this chapter is responsible for providing access to the material sale area. If a material purchaser obtains an easement or right-of-way over privately owned land, the purchaser shall ensure that the easement or right-of-way provides an easement or right-of-way to the state as well as to the purchaser.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

Article 2 Timber and Material Sale Contracts and Operations

11 AAC 71.200 Contract provisions

A timber or material sale contract must include, if applicable, but is not limited to

(1) a description of the sale area, the timber volume or material to be removed from the sale area, the method of payment by the purchaser, the method of removal of the timber or material, the bonds and deposits required of the purchaser, the method of scaling to be used by the purchaser, the purchaser's liability under the contract, the improvements to and occupancy of the sale area required of the purchaser, the reservation of timber or material within the sale area to the division, the provisions of 11 AAC 71.025, 11 AAC 71.080, 11 AAC 71.205, 11 AAC 71.225, 11 AAC 71.235 - 11 AAC 71.240, and 11 AAC 71.280 as they relate to the contract, the warranties made by the division, and the waiver of rights made by the purchaser;

(2) the purchaser's site-specific operating requirements including, but not limited to, requirements under 11 AAC 71.245, 11 AAC 71.255, 11 AAC 71.265, and 11 AAC 71.270 and requirements relating to boundary markers and survey monument protection; erosion control and protection of water; fire prevention and control; roads; sale area supervision; protection of fish, wildlife and recreational values; sale area access and safety;

(3) provisions relating to logging methods, silvicultural practices, reforestration, snag felling slash disposal, and stump heights; and

(4) provisions relating to the removal of included timber. Except for timber required or authorized to be left, the purchaser shall fell and buck all trees meeting or exceeding minimum contract utilization standards and shall remove the trees from the sale area.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.205 Amendments to contract

(a) A timber or material sale contract may, upon approval of the director, be amended to include at the same unit price additional timber or material in the sale area or in an area adjacent to, or in the immediate vicinity of, the sale area if the amount of timber or material to be included in the amended contract does not exceed 25 percent of the volume provided for in the contract before amendment and if

(1) the volume of timber or material estimated to be in the sale area by the division was grossly in error; or

(2) timber in the sale area has been blown down or infested with insect or disease and prompt harvest is in the interest of full and efficient utilization.

(b) Amendments to the contract will be made in writing and become part of the contract upon mutual agreement of the director and purchaser. However, an amendment under this subsection may not materially affect or change the meaning or intent of the contract.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.210 Contract extension

(a) A contract under this chapter must state the date upon which the severance or extraction of timber or material under the contract is to be completed.

(b) A contract may be extended before its expiration if the director determines that the

(1) delay in completing the contract is due to unforeseen events beyond the purchaser's control, but not including events that a prudent bidder would take into account such as market fluctuations, equipment failures, or typical weather conditions; or

(2) extension is in the best interests of the state.

(c) A written request for a timber sale contract extension must be submitted to the Division of Forestry and Fire Protection at least 30 days before the contract expiration date. A contract extension may not exceed one year.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83; am 3/15/97, Register 141; am 2/8/2001, Register 157

11 AAC 71.215 Assignments

(a) A purchaser may not assign all or part of a contract under this chapter without the written approval of the director. The director will, in his discretion, approve an assignment of all or part of a contract upon written request of the purchaser if the director determines that the assignment will not prevent timely completion of the contract.

(b) A purchaser is responsible for complying with the provisions of a contract regardless of whether he assigns all or part of a contract to another person.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.220 Suspension

The director will, in his discretion, suspend all or part of the operations under a contract if he determines, after notice, that the purchaser has breached a provision of the contract. At the request of the purchaser a hearing will be scheduled by the director as soon as possible after the suspension has been imposed to review the director's determination.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.225 Termination of contract

If the purchaser breaches a provision of the contract, the director will, in his discretion, give the purchaser written notice of the breach. If, after giving the purchaser notice of the breach, the breach is not remedied in the time specified by the director, the director will, in his discretion, terminate the contract. If the director terminates the contract, title to the timber or material which has not passed to the purchaser vests in the state, and the purchaser is liable for damages sustained by the state arising from the purchaser's breach.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/30/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.230 Primary manufacture of timber

(a) The director will, in his discretion, require that primary manufacture of timber removed under this chapter be accomplished within the state to the extent consistent with law.

(b) For the purposes of this section, the director will consider timber which has been manufactured into a product for use without further processing as having been primarily manufactured only if the director determines that there is a market for the product.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/2/82, Register 83

11 AAC 71.235 Use of roads and facilities

The state has the right to use, for the protection and administration of state lands, a road constructed by the purchaser for access to the timber or material acquired by the purchase under this chapter. The division will, in its discretion, authorize other persons to use roads and facilities constructed and maintained by the purchaser if the use does not interfere with the operations of the purchaser and if the other persons either perform a share of maintenance of the roads and facilities based on their use of the road and facilities or pay to the purchaser the cost of their share of the maintenance as agreed upon by the purchaser and the other persons. If the purchaser and the other persons cannot agree upon the cost of the other persons' share of maintenance of the road and facilities, the director will determine that cost.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.240 Sale of other timber and materials

The division reserves the right to sell from the sale area during the time that a purchaser's contract is in effect timber or material which is not covered by the contract if the removal of the timber or material will not interfere, in the director's judgment, with the operations of the purchaser.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.245 Damages

(a) A purchaser shall conduct operations under a contract under this chapter in a workmanlike manner and may not unnecessarily damage the land or resources in the sale area. Damage attributable to the purchaser's operations which, as determined by the director, is excessive or was avoidable must be corrected by the purchaser to the satisfaction of the director within the time designated by the director. The division will assess a purchaser's liability for damage in accordance with the purchaser's contract.

(b) If a purchaser cuts or removes timber or material which is not designated for cutting or removal under the purchaser's contract, the purchaser is liable for damages as provided in the purchaser's contract.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.360
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.250 Protection of improvements

A purchaser under this chapter shall promptly restore improvements damaged by the purchaser's operations. The purchaser shall keep roads and skid trails designated for forest protection or other purposes free of logs, slash, and debris and shall promptly repair the roads and skid trails if they are damaged by the purchaser's operations. The purchaser shall maintain roads during the term of the contract with allowance for normal wear and tear.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.255 Sanitation

A purchaser under this chapter shall maintain improvements located on state lands and used by the purchaser in connection with the purchaser's operations in a clean condition. If a purchaser constructs, operates, or maintains buildings, toilets, garbage pits, or other structures in the sale area, the purchaser must do so in accordance with applicable regulations of the Department of Environmental Conservation and Department of Fish and Game. If a purchaser moves a structure, camp, or other improvement located on state land from one location to another or if the purchaser abandons the improvement, the purchaser shall burn or otherwise dispose of the debris and the abandoned improvement and shall clean and restore the site of the improvement unless otherwise specified in the contract. A purchaser shall dispose of refuse in a manner which prevents it from entering a body of water.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.260 Notice or demand

A notice or demand which, under the terms of a contract under this chapter or under a statute, must be given or made by a party to the contract, must be in writing, and must be given by registered or certified mail addressed to the other party at the address of record. Notice is effective upon receipt by the other party.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.120
Eff. 7/2/82, Register 83

11 AAC 71.265 Rehabilitation and intensive management practices

(a) The director will, in his discretion, require a purchaser of material to rehabilitate the sale area. The contract will include a special provision requiring the rehabilitation and the appraised unit cost of the material for sale shall reflect this requirement. The director will, in his discretion, require the purchaser to submit a complete mining plan for a large material-sale area which must be rehabilitated under this subsection.

(b) The director will, in his discretion, require a purchaser of timber to provide site-specific measures for intensive management practices on the sale area. The intensive management practices may include, but are not limited to, seedbed preparation, seeding, planting, thinning, and pruning. The director will arrange for intensive management practices under this subsection by including specific provisions in the contract and allowing for the intensive management practices in setting the appraised price of timber for the sale.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.270 Proper location by purchaser

A purchaser is responsible for the accurate location of operations under the purchaser's contract under this chapter and for a survey necessary for the accurate location, unless otherwise specified in the contract.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.275 Purchaser's representative

During the time that operations under a purchaser's contract under this chapter are in progress, the purchaser shall have an authorized representative available on the site of the operations to receive and carry out, on the purchaser's behalf, a notice or instruction given by an agent of the division relating to the performance of the contract.

History

Authority: AS 38.05.020; AS 38.05.110; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.280 Inspection and reports

(a) Activities conducted on state land under timber or material sale contracts or under log salvage licenses are subject to inspection by agents of the division. Books and records of a purchaser or licensee, and of the purchaser's or licensee's contractors and subcontractors, relating to operations under the contract or license are also subject to inspection by agents of the division. Upon request of the purchaser or licensee, the division will keep information obtained under this section confidential to the extent permitted by law.

(b) In a material sale the director will, in his discretion, require the purchaser to submit monthly, semiannual, annual, or other periodic reports, including a final report, on a form provided by the division. The reports must provide an accurate accounting of the quantity of materials removed.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.035; AS 38.05.120
Eff. 7/20/60, Register 1; am 11/20/60, Register 2; am 6/24/62, Register 5; am 7/2/82, Register 83

Article 3 Timber and Logging Requirements

11 AAC 71.300 Annual operating plan

A purchaser of timber under this chapter shall if required by the contract, before beginning operations within the timber sale area, and before beginning operations each calendar year thereafter, prepare an annual plan of operations acceptable to the director. The plan of operations may be modified by written mutual agreement of the director and the purchaser.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.305 Quarters for state personnel

The director will, in his discretion, require a purchaser of timber under this chapter to provide cabins or quarters of the customary type in use in logging camps and satisfactory to the state for use by state personnel inspecting timber contract operations. Ownership of the cabins or quarters remains with the purchaser. The purchaser shall rent the cabins or quarters to state personnel at a rate agreed upon in advance by the director and the purchaser.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.310 Construction authorization

(a) The division will, in its discretion, authorize a purchaser under a timber sale contract under this chapter to

(1) construct, reconstruct, and maintain roads, bridges, and other transportation facilities needed for cutting and removing timber; and

(2) construct in the sale area temporary buildings or other improvements necessary for logging or processing timber.

(b) Transportation facilities and other improvements constructed by a purchaser under (a) of this section must be located, constructed, and maintained in accordance with the provisions of the purchaser's timber sale contract and, unless otherwise specified in the contract and except as provided in 11 AAC 71.305, must remain on the sale area as property of the state.

(c) Design and location plans for transportation facilities constructed under (a) of this section must comply with the purchaser's contract.

History

Authority: AS 38.05.020; AS 38.05.090; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.315 Log identification

The division will, in its discretion, require a purchaser of timber under this chapter to identify timber with a brand or other mark approved by the director before removing the timber from the sale area.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/2/82, Register 83

11 AAC 71.320 Orderly progress of logging

The director will, in his discretion, require that operations on a subdivision of a timber sale area be completed before logging begins on other subdivisions.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.325 Completed areas

If a purchaser has satisfactorily complied with the timber sale contract requirements on a subdivision of the sale area and the director has acknowledged the purchaser's compliance in writing, the division will not require the purchaser to perform additional work under the contract on the subdivision.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.330 Loss of timber

If timber under a contract under this chapter is destroyed or damaged by fire, wind, flood, insects, disease or other cause to the extent that it is unmerchantable, the holder of title to the destroyed or damaged timber bears the loss. The state is not obligated to supply, nor is the purchaser obligated to accept and pay for, other timber in place of the destroyed or damaged timber. A loss of or damage to timber removed from the sale area under the contract must be borne by the purchaser. This section alone does not relieve either party to a contract of liability for negligence.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.335 Hazard reduction

For a timber sale area in which the director determines that logging slash will pose a serious hazard to effective forest protection or regeneration, the director will require the purchaser to reduce the hazard by burning or by another method specified in the timber sale contract. The appraisal prepared for the sale under 11 AAC 71.092 will reflect the cost of hazard reduction required by this section.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83; am 6/21/98, Register 146

11 AAC 71.340 Safety

A purchaser of timber under this chapter and the purchaser's employees and subcontractors shall conduct their operations under the timber sale contract in a safe and workmanlike manner in compliance with the state occupational safety and health standards for logging established by the Alaska Department of Labor and Workforce Development and shall take the steps reasonably necessary to allow the agent of the division to safely scale and inspect cutting, logging, construction, or other activities of the purchaser under the contract.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.110; AS 38.50.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.345 Snag felling

A purchaser under this chapter must fell dead timber concurrently with the purchaser's logging operation unless otherwise specified in the timber sale contract.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.350 Stump heights

A purchaser of timber under this chapter must cut stumps in a manner which minimizes waste and does not exceed the maximum height set by the timber sale contract. Stumps which are not cut as specified in the purchaser's contract must be paid for by the purchaser at the rate set in the contract for fixed and liquidated damages.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83

Article 4 Unbranded or Abandoned Timber Property Sales

11 AAC 71.400 Sale of unbranded or abandoned timber property

(a) The director will, in his discretion

(1) designate areas in which he intends to offer log salvage licenses for the sale of unbranded or abandoned timber property; or

(2) accept nominations for a salvage license for a specific area, the size or boundaries of which the director will, in his discretion, limit to manageable units.

(b) A log salvage license transfers title to the unbranded or abandoned timber property in the license area. However, the title and interest in the timber property which is not removed from the license area within the period the license is in effect revert to the state.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 3/2/78, Register 65; am 7/2/82, Register 83

11 AAC 71.405 Application for log salvage license

(a) A person who seeks to salvage unbranded or abandoned timber property from the water, shoreland, or tideland of the state may apply in person or by mail to an office of the division. The application must be on a form provided by the division, be signed by the applicant, and contain the following information: the specific geographical area of state water and shoreland upon which salvage operations will be conducted; the type of salvage operation proposed, including the specific kind of equipment to be used and measures proposed to protect against environmental damage; and a description of nearby timber operations.

(b) To qualify for a log salvage license, an applicant must be licensed to do business within the state and must have a current log brand for rafting, floating, or towing timber property in the waters of the state.

(c) An applicant may hold only one log salvage license at a time and may not simultaneously be the operator of or have an interest in salvage operations under another log salvage license.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 3/2/78, Register 65; am 7/2/82, Register 83

11 AAC 71.410 Selection of applicant

(a) The division will grant log salvage licenses offered under 11 AAC 71.400(a)(1) and (a)(2) on a first-come, first-served basis to qualified applicants, subject to (b) of this section.

(b) To be eligible for selection, an

(1) applicant must have submitted an application or nomination for the salvage area;

(2) applicant must meet the requirements of 11 AAC 71.405; and

(3) applicant, if the applicant has previously held a log salvage license, must have met the terms of the previous license.

History

Authority: AS 38.05.020; AS 45.50.235 AS 38.05.115; AS 45.50.315
Eff. 3/28/78, Register 65; am 7/2/82, Register 83; am 9/6/96, Register 139

11 AAC 71.415 License fees and conditions

(a) Before issuing a log salvage license, the division will publish notice of its intent to claim abandoned timber property, as required by AS 45.50.234. At the time of application, the applicant shall bear the cost of advertising.

(b) The license fee prescribed by 11 AAC 05.080 must accompany each application for a log salvage license.

(c) The licensee is responsible for obtaining the permits required by law for the salvage operation. The division will inform the licensee of associated permit requirements and will assist the licensee in obtaining permits by supplying relevant information.

(d) If the salvage operation could, in the director's judgment, cause substantial harm to state land, fisheries, or wildlife, or to another operator, either because of the nature of the area in which the salvage operation will take place, the type of operation proposed, or the applicant's qualifications, the applicant shall post a liability bond in an amount the director judges sufficient to cover possible damages, but not to exceed $10,000.

(e) A log salvage license is valid for one year from the date of issue but shall be temporarily suspended upon notification by transporter of timber to permit timber recovery in the area of salvage. If a log salvage license is suspended under this subsection, the director will, in his discretion, extend the term of the license for a period equal to that portion of the operating season in which the licensee's access to the area of the salvage operation was denied. If, after issuance of a log salvage license, a state-approved log booming, rafting, or storage area is built in the area of the salvage operation during the period the log salvage license is in effect, the director will, in his discretion, modify the log salvage license.

(f) A log salvage licensee may annually renew a log salvage license obtained under 11 AAC 71.400(a)(1) for up to three years by paying the license fee prescribed by 11 AAC 05.080 at least 30 days before the expiration date of the license, and by qualifying under 11 AAC 71.405. The division will include provisions relating to renewal of a log-salvage license under this section in the original license.

History

Authority: AS 38.05.020; AS 38.05.115 AS 38.05.035; AS 38.05.120
Eff. 3/2/78, Register 65; am 7/2/82, Register 83; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 71.420 Prohibited areas

The area in which salvage operations may be conducted under a log salvage license does not include the shoreline within one mile of state-approved log booming, rafting, or storage area or pulp or sawmill.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 3/2/78, Register 65; am 7/2/82, Register 83

11 AAC 71.425 Timber lost in salvage license area

The licensee shall make a reasonable effort to identify and separate the lost timber from that which is being salvaged and shall notify the division of the location of the lost timber the licensee discovers within the area in which the salvage operations are conducted.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 3/2/78, Register 65; am 7/2/82, Register 83

11 AAC 71.430 Revocation or suspension

Upon determination by the director that a licensee or applicant has violated a provision of 11 AAC 71.400 - 11 AAC 71.430 or has made a false statement on his application for a log salvage license or on a report required by a license, the director will, in his discretion, revoke or suspend the license or deny the application. If the director determines that a licensee has altered, obliterated, or removed log brands, has willfully taken unauthorized logs, or has otherwise violated a provision of 11 AAC 71.400 - 11 AAC 71.430, the director will, in his discretion, refuse to consider a subsequent application for a log salvage license from that person.

History

Authority: AS 38.05.020; AS 38.05.115
Eff. 3/2/78, Register 65; am 7/2/82, Register 83

Article 5 Log Brands

11 AAC 71.500 Log brand

In this chapter and in AS 45.50.210 - 45.50.325, "brand" means

(1) a mark or other designation that has been registered with the department; or

(2) an impression stamped on timber property with a branding hammer.

History

Authority: AS 38.05.020; AS 45.50.315; AS 45.50.325
Eff. 2/15/81, Register 77

11 AAC 71.510 Barged logs

Timber property transported by a self-dumping barge will be presumed, upon being loaded on the barge, to be intended to be put in a waterway of the state within the meaning of AS 45.50.230(a).

History

Authority: AS 38.05.020; AS 45.50.230(a)AS 45.50.315
Eff. 2/15/81, Register 77

11 AAC 71.520 Brand design

(a) A diagram or design on paper, within the meaning of AS 45.50.210(b), will be considered acceptable if it is a sketch or drawing with exact dimensions shown, or a paint or ink impression of the brand. The department will, in its discretion, request the owner of a brand to furnish a paint or ink impression of the brand on paper at any time in order to confirm that the owner's branding hammer conforms to the design of the brand as registered.

(b) The actual size of the brand must be at least two inches in diameter or dimensions.

History

Authority: AS 38.05.020; AS 45.50.210; AS 45.50.315
Eff. 2/15/81, Register 77

11 AAC 71.530 Application requirements

An application must be accompanied by the registration or renewal fee prescribed by 11 AAC 05.080 and, if requested by the department, an impression of the brand to be registered and additional descriptive information.

History

Authority: AS 45.50.210; AS 45.50.260 AS 45.50.220; AS 45.50.315
Eff. 2/15/81, Register 77; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 71.540 Cancellation of registration

(a) The department will, in its discretion, cancel a brand registration, following notice and an opportunity to be heard

(1) if the owner fails to furnish an impression of the brand or information about the brand or use of the brand when requested to do so by the department;

(2) upon conviction under AS 45.50.320; or

(3) if the applicant or owner fails to reply to a certified or registered letter from the department requesting information concerning the log brand within a specified period of time; the time period will not be less than 15 days from the date the letter is metered.

(b) A brand registration will be cancelled by request of its owner. The cancellation will be effective upon receipt by the department of a written notice from the owner requesting the cancellation.

History

Authority: AS 38.05.020; AS 45.50.315 AS 45.50.210; AS 45.50.320
Eff. 2/15/81, Register 77

11 AAC 71.550 Fees for registration or transfer of registration

Repealed 1/1/86.

11 AAC 71.560 Reservation of brands

When an acceptable application has been received for registration or renewal of brand registration, the brand will be reserved to the applicant.

History

Authority: AS 38.05.020; AS 45.50.315
Eff. 2/15/81, Register 77

11 AAC 71.570 Registration upon transfer

No registered brand may be transferred to or used by or on behalf of a third party except after prior written notice to the department, accompanied by a true copy of the instrument of transfer as required by AS 45.50.260, together with the registration transfer fee prescribed by 11 AAC 05.080. Upon receipt and filing for record of a copy of the transfer instrument and the fee, the department will register the brand and issue a certificate to the new owner.

History

Authority: AS 38.05.020; AS 45.50.260; AS 45.50.315
Eff. 2/15/81, Register 77; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 71.580 Use of unregistered brand

Logs branded with an unregistered brand, or with a registered brand used by a person not authorized to use it, will be considered for all purposes to be unbranded.

History

Authority: AS 38.05.020; AS 38.50.315; AS 38.50.320
Eff. 2/15/81, Register 77

11 AAC 71.590 Notice or demand

Any notice or demand under this chapter or under AS 45.50.215 - 45.50.325 must be in writing, and must be sent by certified or registered mail to the other party at the address of record. Either party may designate in writing a new address to which the notice or demand is to be mailed. A written notice or demand is considered delivered when mailed from a U.S. general or branch post office.

History

Authority: AS 38.05.020; AS 38.50.315; AS 38.50.320
Eff. 2/15/81, Register 77

Article 6 General Provisions

11 AAC 71.900 Warranty

The state warrants neither the quantity nor the quality of the timber or material to be removed from an area under a contract or license under this chapter. However, to the extent practicable and within the limits of funding, the division will attempt to estimate volumes of upland timber in conjunction with a sale using accepted methods in the trade with a standard error factor of plus or minus 10 percent.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.120
Eff. 11/20/60, Register 2; am 6/24/62, Register 5; am 7/2/82, Register 83

11 AAC 71.910 Definitions

In this chapter

(1) "competitive sale" means a sale which is open to competitive bidding by either oral outcry auction or sealed bid;

(2) "contract of sale" or "contract" means a written agreement in which the state agrees to sell and the purchaser agrees to buy certain timber or material;

(3) "cruise" means an inventory of the timber in a sale area to determine the quantity and quality of forest products which can be derived from it;

(4) "director" means

(A) for timber sales, the director of the Division of Forestry and Fire Protection; and

(B) for material sales, the director of the division to whom the commissioner's material sale authorities under AS 38 are delegated;

(5) "division" means the division to which the authority of the director of lands has been delegated;

(6) "fair market value" means the highest price described in terms of money, which timber or material would bring if offered for sale for a reasonable time in the open market by a seller willing, but not forced, to sell to a buyer willing, but not forced, to buy, both being fully informed of the purposes for which the timber or material is best adapted or could be used;

(7) "lost timber" means timber property as defined in AS 45.50.232 relating to reporting of lost logs to the department;

(8) "material" includes, but is not limited to, the common varieties of sand, gravel, stone, pumice, pumicite, cinders, clay, topsoil, peat, and sod;

(9) "M.B.M." means 1,000 board foot measure;

(10) "negotiated sale" means a timber sale not exceeding 500 M.B.M. or its equivalent except as authorized under AS 38.05.118, or a material sale not exceeding 25,000 cubic yards or equivalent measure;

(11) "primary manufacture" means manufacture which is first in order of time or development; the term

(A) when used in relation to a sawmilling operation, means the breakdown process in which logs are reduced in size by a headsaw, gangsaw, or edger to the extent that the residual cants, slabs or planks do not exceed a nominal eight and three-quarters inches in thickness;

(B) when used in relation to a pulp operation, means the breakdown process to the point at which wood fibers have been separated;

(D) when used in relation to poles or piling, whether treated or untreated, means manufacture for the purpose of use as poles or piling; and

(E) when used in relation to timber processing wastes, means manufacture into chips;

(12) "public auction" has the meaning provided in (1) of this section for "competitive sale";

(13) "purchaser" means a person who has purchased timber or material and has entered into a contract under this chapter;

(14) "sale" means the transfer of title to timber or material from the state to the purchaser for consideration;

(15) "sale area" means the land area on which the designated timber or material of the sale is located; "sale area" includes roads or other transportation facilities necessary for the removal of the timber or material.

(16) "scaling" means the determination of log volume by measuring, sample measuring, linear measuring, counting, or weighing or by another method acceptable to the director;

(17) "timber" means a tree, log, pole, bolt, or other wood product;

(18) "timber processing wastes" means timber, mill residue, logging residue, or other timber processing products not presently being used or in demand for higher-value products;

(19) "unbranded or abandoned timber property" has the meaning provided in AS 45.50.230(a)(3) and 45.50.235.

History

Authority: AS 38.05.020; AS 38.05.115; AS 38.05.120
Eff. 7/20/60, Register 1; am 6/24/62, Register 5; am 7/2/82, Register 83; am 2/8/2001, Register 157

Chapter 78 Carbon Offset Projects on State Land

11 AAC 78.010 Applicability

(a) This chapter applies to carbon offset projects that the department undertakes on state land under AS 38.95.400 - 38.95.499.

(b) This chapter does not apply to a lease of state land for carbon management purposes under AS 38.05.081.

History

Authority: AS 38.95.400; AS 38.95.410
Eff. 7/19/2024, Register 251

11 AAC 78.020 Identification of potential carbon offset projects

(a) To identify potential carbon offset projects the department may solicit recommendations from

(1) department staff;

(2) a state agency, including the University of Alaska, the Alaska Mental Health Trust Authority, and state public corporations;

(3) a municipality, borough, or city organized under AS 29;

(4) non-profit organizations;

(5) a tribal entity, federally recognized tribe, or Native corporation in the state;

(6) the public;

(7) industry representatives;

(8) private companies; or

(9) service providers the department has contracted with under 11 AAC 78.070.

(b) A person may submit an unsolicited recommendation for a potential carbon offset project to the department. An unsolicited recommendation for a potential carbon offset project must be submitted to the department in writing. The department is not required to review every unsolicited recommendation it receives.

(c) A person that submits a recommendation for a potential carbon offset project to the department is not entitled to compensation from the department unless the recommendation and compensation is part of a contract between the person and the department.

(d) A contract for services under AS 38.95.440 between a person that submits a recommendation for a potential carbon offset project and the department must be consistent with AS 36.30 and 2 AAC 12.010 - 2 AAC 12.990.

(e) After identification of a potential carbon offset project under (a) or (b) of this section, the department may elect to evaluate the feasibility of the potential carbon offset project under 11 AAC 78.030.

History

Authority: AS 38.95.400; AS 38.95.410; AS 38.95.440
Eff. 7/19/2024, Register 251

11 AAC 78.030 Feasibility evaluation of a potential carbon offset project; evaluation criteria

(a) If the department performs a feasibility evaluation of a potential carbon offset project, that evaluation consists of gathering information relevant to the potential carbon offset project; and using that information to consider the criteria in (c) of this section.

(b) Gathering information for a feasibility evaluation under this section may include, and is not limited to, soliciting information from the Department of Fish and Game, the Department of Environmental Conservation, other state agencies, state boards and commissions, industry experts, and service providers the department has contracted with under 11 AAC 78.070.

(1) whether the identified state land is classified in a manner that is appropriate for the potential carbon offset project;

(2) whether the potential carbon offset project would be incompatible with existing use of the land by a state agency;

(3) the anticipated revenue of the potential carbon offset project;

(4) any indirect benefit to the state derived from the potential carbon offset project;

(5) if two or more potential carbon offset projects are suggested for the same state land, which project, if either, warrants continued evaluation;

(6) whether the potential carbon offset project complies with state law and this chapter;

(7) whether the potential carbon offset project would impede public access, resource development, or other uses under AS 38.95.410(f); and

(8) any other information useful to the department's feasibility evaluation.

(d) The department will evaluate a potential carbon offset project's baseline and predicted additionality under AS 38.95.410(a)(1) by assessing the best available data it has obtained from industry representatives, the public, private companies, and service providers the department has contracted with under 11 AAC 78.070.

(e) A feasibility evaluation under this section does not constitute a best interest finding under 11 AAC 78.050. A feasibility evaluation under this section does not need to be in writing and is not a final, appealable decision under AS 44.37.011. The department may discontinue a feasibility evaluation at any time.

(f) The department will conclude a feasibility evaluation of a potential project under this section before it proceeds with a best interest finding under 11 AAC 78.050 and AS 38.95.410(d).

History

Authority: AS 38.95.400; AS 38.95.410
Eff. 7/19/2024, Register 251

11 AAC 78.040 Land use planning and classification

(a) If a potential carbon offset project is incompatible with the classification or land use plan applicable to the state land identified for a potential carbon offset project, the department may seek to reclassify the land or revise the land use plan identified for the potential project consistent with AS 38.04.065 and AS 38.05.300.

(b) If the department seeks to reclassify the land or revise the land use plan identified for a potential project, the department will complete the reclassification or land use plan revision before it completes a best interest finding for a potential carbon offset project.

History

Authority: AS 38.95.400; AS 38.95.410
Eff. 7/19/2024, Register 251

11 AAC 78.050 Best interest finding

(a) A best interest finding for a carbon offset project must comply with AS 38.95.410(d) and this chapter. A best interest finding constitutes a formal evaluation of a potential carbon offset project under AS 38.95.410(a).

(b) A best interest finding will consider the evaluation criteria under AS 38.95.410(a) and 11 AAC 78.030(d). When the department evaluates a potential carbon offset project's potential baseline and predicted additionality under AS 38.95.410(a)(1), the department will consider the best available data it has obtained from industry representatives, the public, private companies, or service providers the department has contracted with under 11 AAC 78.070.

History

Authority: AS 38.95.400; AS 38.95.410
Eff. 7/19/2024, Register 251

11 AAC 78.060 Application, registration, and management of carbon offset projects

(a) After a best interest finding is completed for a potential carbon offset project under AS 38.95.410(d), the department may submit an application for the carbon offset project to a registry to earn carbon offset credits.

(b) The department will manage a carbon offset project on state land in a manner consistent with a registry's standards, protocols, and methodologies.

History

Authority: AS 38.95.400; AS 38.95.420
Eff. 7/19/2024, Register 251

11 AAC 78.070 Contracts

(a) The department may contract for services under AS 38.95.440 for a person to provide

(1) carbon offset project-related services to carry out the purposes of AS 38.95.400 - .499, including

(A) evaluation of the financial viability of a potential carbon offset project;

(B) potential carbon offset project inventory and modeling;

(D) verification of a carbon offset project;

(E) marketing carbon offset credits;

(F) selling carbon offset credits; and

(G) monitoring, reporting, auditing, carbon reinventory and modeling, and baseline reevaluations of registered projects.

(2) consultation with the department regarding implementation of the potential carbon offset project;

(3) recommendations for potential carbon offset projects; and

(4) data or research services necessary to complete a feasibility evaluation under 11 AAC 78.030 or a best interest finding under 11 AAC 78.050.

(b) A contract between a registry and the department under AS 38.95.400 - AS 38.95.499 does not need to comply with AS 36.30.

(d) Except as provided in (b) of this section, a contract under this section must be consistent with AS 36.30 and 2 AAC 12.010 - 2 AAC 12.990.

History

Authority: AS 36.30.850; AS 38.95.400; AS 38.95.440
Eff. 7/19/2024, Register 251

11 AAC 78.990 Definitions

In this chapter,

(1) "department" has the meaning provided in AS 38.95.499;

(2) "potential carbon offset project" means a carbon offset project the department is evaluating under this chapter;

(3) "register" means a process whereby a registry reviews a carbon offset project and determines whether the carbon offset project complies with that registry's standards, protocols, and methodologies.

History

Authority: AS 38.95.400; AS 38.95.430; AS 38.95.499 AS 38.95.410; AS 38.95.440 AS 38.95.420; AS 38.95.450
Eff. 7/19/2024, Register 251

Chapter 80 Pipeline Right-of-Way Leasing

11 AAC 80.005 Applications for right-of-way leases

(a) Applications for right-of-way leases of state land for pipeline purposes under AS 38.35 shall be submitted to the commissioner of natural resources, through the office of the director of the division of lands, on Form DL-10-130.

(b) Form DL-10-130 when completed shall contain

(1) the name and address of the applicant or applicants;

(2) the date of the application;

(3) the points of origin and termination of the proposed pipeline, its total length and its length on uplands in which the state has an ownership interest; the application must be accompanied by a plat or map showing the proposed alignment of the centerline of the proposed pipeline right-of-way which indicates state upland ownership interest throughout the length of the proposed right-of-way;

(4) the location of the proposed pipeline right-of-way crossing the beds of streams or the beds of other bodies of water; the application must be accompanied by a plat or map showing the proposed alignment of the centerline of the proposed pipeline right-of-way where it crosses the beds of streams or the beds of other bodies of water;

(5) the width of the proposed temporary right-of-way required for construction of the pipeline and the width of the proposed right-of-way required for the operation of the completed pipeline for each segment of the pipeline on lands in which the state has an ownership interest and the size and location of any special sites, in addition to the proposed right-of-way, requested either on a temporary basis during the construction of the pipeline or for the operation of the completed pipeline;

(6) a project description describing

(A) the general character of the proposed pipeline, including

(i) the nature of the substance to be transported;

(ii) the diameter of the pipe to be used;

(iii) the size, number and location of pumping, compressor, heating or refrigeration stations, if any;

(iv) the proposed transportation capacity of the pipeline; and

(v) the estimated life of the pipeline;

(B) the special design characteristics of the proposed pipeline, including

(i) the engineering and design characteristics of the pipe to be used;

(ii) the planned temperature of the substance to be transported and whether it will require refrigeration or heating;

(iii) if known at the time of making application, whether the pipeline is planned to be on or above the surface, buried, or both, the methods to be employed for burying any sub-surface portion and any bridges, trestles, other structures or beams for support of the proposed pipeline above the ground; if not known at the time of making application, that the pipeline will be buried or on the surface as dictated by soils and conditions encountered at the time of construction;

(iv) the proposed methods for crossing all streams and other bodies of water;

(v) a description of the method for any proposed grading or cut and fill; and

(vi) the techniques planned for spill or leak prevention, detection and containment;

(i) access roads;

(ii) airstrips;

(iii) heliports;

(iv) float plane facilities;

(v) communication facilities;

(vi) equipment and material storage sites;

(vii) material sites; and

(viii) material disposal sites;

(D) the planned human support facilities, including

(i) field camps (size, number, approximate location and extent of duration);

(ii) housing for personnel operating and maintaining the pipeline; and

(iii) health care facilities;

(E) the estimated personnel requirements, including

(i) the approximate number of persons to be employed during the construction period; and

(ii) the approximate number of persons to be employed for the operation and maintenance of the pipeline;

(F) the proposed construction timetable including

(i) the estimated date of construction commencement;

(ii) the estimated time period for construction; and

(iii) the estimated date of the commencement of operation;

(G) estimated costs including

(i) the cost of materials;

(ii) the cost of construction and installation; and

(iii) the annual cost of maintenance and operation;

(7) proposed or feasible interconnections, terminal facilities and storage facilities, including

(A) the nature of any proposed connections with field gathering systems;

(B) the technical and economic feasibility of providing connections with other field gathering systems at intermediate points along the proposed pipeline or the technical and economic feasibility of connections or interconnections with other pipelines at intermediate points along the proposed pipeline;

(D) the location and description of any terminal delivery facility; and

(E) the technical and economic feasibility of providing delivery facilities at intermediate points along the proposed pipeline;

(8) the plans of the applicant to reasonably prevent, detect and abate conditions which might arise from the construction, operation and maintenance, or termination of all or any part of the proposed pipeline which might cause or threaten to cause

(A) a hazard to the safety of workers or the public health or safety; or

(B) serious and irreparable harm or damage to public or private property or to vegetation or timber, fish or other wildlife populations, or their habitats or natural waters;

(9) the plans of the applicant for rehabilitation of natural resources damaged by the construction, operation and maintenance, or termination of the proposed pipeline;

(10) the plans and procedures of the applicant to protect the interests of the individuals living in the general areas of the right-of-way who rely on fish, wildlife and biotic resources of the area for subsistence purposes;

(11) the plans of the applicant for quality control and the procedures of the applicant for inspection and testing;

(12) the plans of the applicant to ensure that the applicant's contractors and subcontractors comply with the appropriate terms of a right-of-way lease;

(13) an annual financial statement and balance sheet for each applicant for the three fiscal years immediately preceding the date of the application prepared in accordance with generally accepted accounting and auditing principles and certified by a firm of reputable and independent certified public accountants;

(14) the probable financing requirement for the proposed pipeline;

(15) the proposed general contractor, if known at the time of the application; and

(16) the proposed operator of the pipeline, if known at the time of the application.

(c) Upon receipt of an application, the commissioner of natural resources has the authority to require any additional information the commissioner considers necessary or desirable to make the determinations required by AS 38.35.100 and 38.35.110.

(d) The application fee prescribed by 11 AAC 05.070 or 11 AAC 05.270 must accompany each application.

(e) The commissioner will, in his or her discretion, waive the application requirements of (b)(13) and (b)(14) of this section if the applicant applies for a conditional lease under AS 38.35.100(b), and the conditional lease will be subject to the conditions specified in AS 38.35.100(a)(5) and in AS 38.35.100(d) - (f).

History

Authority: AS 38.05.020(b)AS 38.35.020(a)AS 38.35.110 AS 38.05.035; AS 38.35.050 AS 38.35.015; AS 38.35.100
Eff. 3/3/74, Register 49; am 10/28/83, Register 88; am 1/1/86, Register 96; am 8/16/89, Register 111; am 7/1/2018, Register 227

11 AAC 80.015 Annual rental payments

(a) Repealed 8/6/94.

(b) The first year's rental charge may, upon agreement of the commissioner of natural resources and the applicant, be based upon an informal appraisal, and the first year's rental charge shall be adjusted on the basis of the formal appraisal conducted before the end of the first year of the lease term.

History

Authority: AS 38.05.020(c)AS 38.35.020(a)AS 38.35.140
Eff. 3/3/74, Register 49; am 8/6/94, Register 131

11 AAC 80.025 Request for authorization to provide temporary or emergency service or for temporary or emergency abandonment, reduction or impairment of service

(a) Requests for authorization to provide temporary or emergency service or for temporary or emergency abandonment, reduction or impairment of service shall be submitted to the office of the director of the division of lands on Form DL-10-131.

(b) Form DL-10-131 when completed shall include

(1) the name and address of the lessee;

(2) the date of the request;

(3) the lease number of each right-of-way lease affected by the request;

(4) a description of the service rendered by the lessee prior to the request;

(5) a description of the proposed change; and

(6) a statement of the reasons for the proposed change.

(c) The commissioner of natural resources or his authorized representative will act on each completed request as soon as practicable.

History

Authority: AS 38.05.020(c)AS 38.35.030; AS 38.35.210 AS 38.35.020(a)AS 38.35.040
Eff. 3/3/74, Register 49

11 AAC 80.035 Administrative determination for temporary or emergency service or temporary or emergency abandonment, reduction or impairment of service

(a) The commissioner of natural resources, or his authorized representative, will disapprove a request for authorization for temporary or emergency rendering of service or a request for the temporary or emergency abandonment, reduction or impairment of service under AS 38.35.040 only after determining that

(1) the disapproval will promote state interests and goals and will have no adverse effect upon the interstate character of commercial activities which outweighs the public benefit; and

(2) the disapproval will not illegally interfere with an area of regulation pre-empted by federal statute or regulation.

(b) The commissioner of natural resources, or his authorized representative, will exercise the authority conferred upon him by AS 38.35.040 to require temporary or emergency rendering of service or temporary or emergency abandonment, reduction or impairment of service only after determining that

(1) the requirements will promote state interests and goals and will have no adverse effect upon the interstate character of commercial activities which outweighs the public benefit; and

(2) the requirement will not illegally interfere with an area of regulation pre-empted by federal statute or regulation.

(c) In making determinations required in subsections (a) and (b) of this section, the commissioner of natural resources or his authorized representative will investigate and consider all relevant facts and will make written findings which specify

(1) the state interests to be advanced by disapproving the request or by imposing the requirement and the degree to which the state interests will be advanced;

(2) the nature and degree of any adverse effect created on interstate commerce by disapproving the request or by imposing the requirement; and

(3) the nature and degree of the effect of disapproving the request or of imposing the requirement upon areas of federal regulation.

History

Authority: AS 38.05.020(c)AS 38.35.210 AS 38.35.020(c)AS 38.35.230(10)
Eff. 3/3/74, Register 49

11 AAC 80.045 Field gathering lines exempt

(a) Field gathering lines are exempt from the requirement of obtaining a right-of-way lease under AS 38.35.

(b) In this section,

(1) "carbon dioxide" has the meaning given in AS 41.06.210;

(2) "field gathering line" means pipe and associated facilities, including separators, test equipment, pumps, treaters, and tanks, used

(A) in the transfer of gas or oil from a well or other facility used in the production of gas or oil to a point where there is either a custody transfer of the gas or oil or where the gas or oil enters a common carrier pipeline, whichever first occurs; or

(B) to transport carbon dioxide

(i) within the areal extent of a carbon storage lease;

(ii) within the areal extent of an oil and gas lease under AS 38.05.180;

(iii) within a carbon storage unit or storage facility permitted under AS 41.06.120 or 41.06.185; or

(iv) between a well used to inject carbon dioxide and the downstream point of custody transfer from a common carrier pipeline.

History

Authority: AS 38.05.020; AS 38.35.020; AS 38.05.700
Eff. 3/3/74, Register 49; am 2/16/2025, Register 253

11 AAC 80.055 Field gathering lines defined

Repealed.

History

Eff. 3/3/74, Register 49; repealed 2/16/2025, Register 253

11 AAC 80.065 Applications for renewal

(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.

History

Authority: AS 38.05.020; AS 38.35.015; AS 38.35.110
Eff. 1/11/2001, Register 157

11 AAC 80.075 Renewal determination

(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.

(c) The commissioner will base the written determination on the administrative record developed under (b) of this section, and will include a statement of the reasons and findings supporting the determination.

History

Authority: AS 38.05.020; AS 38.35.015; AS 38.35.110
Eff. 1/11/2001, Register 157

11 AAC 80.085 Notice and comment

(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.

(c) The commissioner will provide the public at least 30 days to submit written comments on the written determination, and may schedule one or more public hearings.

(d) If the commissioner revises the written determination following the close of the public comment period, the revised written determination will be published consistent with AS 38.35.070. The written determination, or if revised, the revised written determination published by the commissioner, is the final administrative decision 30 days after the end of the public comment period, unless the commissioner, in writing, extends that 30 day period for a specified period of not more than 90 additional days to allow for a full consideration of comments received.

History

Authority: AS 38.05.020; AS 38.35.015; AS 38.35.110
Eff. 1/11/2001, Register 157; am 6/1/2002, Register 162

Chapter 82 Mineral Leasing Procedure

Article 1 Availability of Land

11 AAC 82.100 Applicability

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.

History

Authority: AS 38.05.020; AS 38.05.135
Eff. 9/5/74, Register 51

11 AAC 82.105 Classification for leasing

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.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 9/5/74, Register 51

11 AAC 82.110 Opening noncompetitive land

(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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.115 Opening competitive land

Competitive land is not open to leasing until the commissioner publishes a notice of lease offer as prescribed in 11 AAC 82.415.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.345
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

Article 2 Qualifications

11 AAC 82.200 Qualifications

(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.

(b) Mineral permits and leases under AS 38.05.185 - 38.05.275 may be applied for, issued to, or held by a person, corporation, legal guardian, or trustee qualified under AS 38.05.190, or by an association of qualified entities.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.190 AS 38.05.131; AS 38.05.145 AS 38.05.133; AS 38.05.180
Eff. 9/5/74, Register 51; am 3/27/82, Register 81; am 3/18/83, Register 85; am 7/1/89, Register 110; am 9/22/95, Register 135

11 AAC 82.205 Statement of qualifications

(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.

(b) An individual, in order to be qualified to apply for, obtain, or transfer an interest in a permit, or lease issued under AS 38.05.185 - 38.05.275, shall submit to the department

(1) the documents required by (a) of this section; and

(2) a signed, dated statement including the applicant's name, address, telephone number, and certification that the applicant is a citizen of the United States, or is an alien qualified under AS 38.05.190.

(c) A corporation, 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) the current address of the corporation;

(2) a list of the individuals authorized to act on its behalf with respect to the mineral specified in the permit, oil and gas exploration license, or lease;

(3) an original or certified copy of a notarized power of attorney authorizing any agent who is not a current officer but who has been authorized by the corporation to act on its behalf with respect to the mineral specified in the permit, oil and gas exploration license, or lease;

(4) a certificate of compliance for a corporation qualified to do business in Alaska or, if filing for a lease sale, oil and gas exploration license, or permit for the first time, either a

(A) certificate of authority for a foreign corporation qualified to do business in Alaska, or

(B) certificate of incorporation for a domestic corporation qualified to do business in Alaska.

(d) A corporation, in order to be qualified to apply for, obtain, or transfer an interest in a permit or lease issued under AS 38.05.185 - 38.05.275, shall submit to the department

(1) the documents required by (c) of this section; and

(2) a statement that not more than 50 percent of the stock of the corporation is owned or controlled by persons who are not qualified under AS 38.05.190.

(e) A partnership, joint venture, or other unincorporated association, 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 - 38.05.275, shall submit to the department

(1) a statement describing the business relationship between the members of the association, joint venture, or partnership; and

(2) the documents required by (a) - (d) of this section for each participant as appropriate.

(f) If it is still current and accurate, material previously filed with the department that satisfies all or part of the requirements of this section may be incorporated into an application by reference to the filing date of the previously filed material and by providing a statement as to any material changes or amendments. A material change or amendment to any of the information required under (a) - (e) of this section must be submitted before any individual or entity may

(1) bid in a lease sale;

(2) apply or submit a bid for an exploration license;

(3) apply for a permit;

(4) apply to transfer any interest in a lease, license, or permit; or

(5) received any interest in a lease, license, or permit.

(g) For leases, oil and gas exploration licenses, or permits issued under AS 38.05.131 - 38.05.145 or AS 38.05.177 - 38.05.181, if not previously submitted to the department under (f) of this section, a material change or amendment to information provided under this section, or a confirmation that no change has occurred, must be annually updated by February 15 of each year.

History

Authority: AS 38.05.020; AS 38.05.133; AS 38.05.180 AS 38.05.131; AS 38.05.145; AS 38.05.190
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 3/27/82, Register 81; am 3/18/83, Register 85; am 7/1/89, Register 110; am 9/22/95, Register 135; am 12/26/2019, Register 232

Article 3 Acreage Limitations

11 AAC 82.300 Chargeable acreage

(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.

(b) The acreage limitations do not apply to applications or bids prior to the issuance of a lease or permit.

(c) If two or more persons hold or control interests in any lease or permit, each of the persons is charged only with that percentage of the total acreage which corresponds to his percentage of interest in the lease.

(d) If a person holds or controls an interest in a lease or permit as a stockholder of a corporation holding or controlling leases or an interest in them, the person is charged his proportionate share of the corporation's chargeable acreage, except that if a stockholder owns or controls less than five percent of the stock of a corporation whose stock is held by the public, he is not regarded as holding or controlling any portion of any chargeable acreage held or controlled by the corporation. If a stockholder is charged with a portion of a corporation's chargeable acreage, the corporation must nevertheless include the acreage in any report required under 11 AAC 82 - 11 AAC 84.

(e) When a lease or permit or any direct or indirect interest in one or control of one is transferred, any resulting change in the chargeability of acreage is effective on the date of filing an application for approval of the transfer, subject to readjustment if the transfer is disapproved.

History

Authority: AS 38.05.020; AS 38.05.140; AS 38.05.145(a)
Eff. 9/5/74, Register 51

11 AAC 82.305 Statements

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.

History

Authority: AS 38.05.020; AS 38.05.140; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.310 Reduction of holdings

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.

History

Authority: AS 38.05.020; AS 38.05.132; AS 38.05.145 AS 38.05.131; AS 38.05.140
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 9/22/95, Register 135

Article 4 Competitive Bidding

11 AAC 82.400 Parcel offered for competitive lease

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 this paragraph, including any bid deposits submitted; or

(2) after bid opening and before lease issuance, with notice to the apparent high bidder.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232

11 AAC 82.405 Method of bidding

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.

History

Authority: AS 38.05.020; AS 38.05.150 AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232

11 AAC 82.410 Minimum bid

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.415 Public notice

(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.

(b) Notice required under AS 38.05.945(a)(4) of a competitive disposal will

(1) describe the land and the interests in that land to be offered for disposal;

(2) state the time and place of disposal;

(3) state the availability of the director's final finding and decision regarding the disposal;

(4) specify the terms and the conditions of the sale relating to rents, royalties, leasing methods, bond requirements, and surface entry; and

(5) contain any other information the director determines necessary to inform the public about the disposal.

(c) After a notice of disposal under (b) of this section has been issued, the director will, in the director's discretion, issue supplemental notices correcting information provided in the notice, or providing additional information regarding the disposal. A supplemental notice which substantially alters a term or condition of a notice regarding rentals, royalties, leasing methods, bonding requirements, surface entry restrictions, or acreage available for disposal will comply with AS 38.05.945(b) and (c). Other supplemental notices will be issued at the time and in a manner which the director deems appropriate to the particular supplemental notice. For purposes of this subsection, a supplemental notice substantially alters a term or condition of a notice if it:

(1) changes a rental or royalty rate;

(2) changes the leasing method selected pursuant to AS 38.05.180;

(3) as a technical correction, causes the published acreage of an individual tract which is not deleted from the sale to increase by more than 3 percent from the acreage listed for the tract in the final notice; or

(4) is otherwise determined by the director to substantially alter a term or condition of a final notice.

(d) A supplemental notice which alters the acreage of a tract will be issued no later than 10 days before the date of sale. Otherwise, the affected tract will be deleted from the sale.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.180 AS 38.05.035; AS 38.05.145; AS 38.05.945
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 3/26/81, Register 77; am 10/24/81, Register 80; am 7/1/89, Register 110

11 AAC 82.420 Bid form

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.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232

11 AAC 82.423 Bid service charges

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.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 12/26/2019, Register 232

11 AAC 82.425 Bid deposit

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.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.860
Eff. 9/5/74, Register 51; am 12/26/2019, Register 232

11 AAC 82.428 Qualification of bidders

Before the date of a competitive lease sale, a bidder must comply with 11 AAC 82.200 and 11 AAC 82.205.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 3/27/82, Register 81

11 AAC 82.430 Joint bids

(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

(b) Each bidder on a bid with two or more bidders must be qualified in accordance with 11 AAC 82.200 - 205.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 3/27/82, Register 81; am 12/26/2019, Register 232

11 AAC 82.435 Bids at auction

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.

History

Authority: AS 38.05.020; AS 38.05.180 AS 38.05.145; AS 38.05.860
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78; am 12/26/2019, Register 232

11 AAC 82.440 Opening bids, holding auctions

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232

11 AAC 82.445 Incomplete bids

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 3/27/82, Register 81

11 AAC 82.450 Rejection of bids

The commissioner may reject any or all bids on any tract or tracts before a lease is awarded.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.145
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232

11 AAC 82.455 Tie bids

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.

History

Authority: AS 38.05.020; AS 38.05.133 AS 38.05.131; AS 38.05.145
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 9/22/95, Register 135

11 AAC 82.460 Additional information

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.465 Bonus; rental; bond

(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.

(b) The department will apply payments in the following order to the

(1) accrued interest, if required;

(2) balance of the cash bonus; and

(3) first year's annual rental.

History

Authority: AS 38.05.020; AS 38.05.145
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 7/1/89, Register 110; am 12/26/2019, Register 232

11 AAC 82.466 Rental reduction determination

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 acre. A rental reduction determination application must be made on the form required by the department.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.180
Eff. 12/26/2019, Register 232

11 AAC 82.470 Issuance of lease

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.475 Return of deposits

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.

History

Authority: AS 38.05.020; AS 38.05.133 AS 38.05.131; AS 38.05.145
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 9/22/95, Register 135

Article 5 Noncompetitive Procedures

11 AAC 82.500 Applications

(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.

(d) Applications must be signed by or on behalf of each person who will receive any interest in any lease or permit if issued, by virtue of any agreement or understanding, oral or written.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180 AS 38.05.135; AS 38.05.177
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 9/10/98, Register 147

11 AAC 82.505 Description of land

(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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.510 Area

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.515 Terminated permits and leases

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.

History

Authority: AS 38.05.020; AS 38.05.135; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.520 Applications in simultaneous filing periods

(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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.525 Drawings

(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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.530 Material to accompany applications

Noncompetitive applications must be accompanied by, or refer to, a previously filed statement of qualifications required by sec. 205 of this chapter.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

11 AAC 82.535 Default

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

11 AAC 82.540 Filing after simultaneous filing period

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

Article 6 Miscellaneous Leasing Procedure

11 AAC 82.600 Bonding

(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.

(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.

(d) Every bond must be conditioned upon faithful compliance with all the provisions of the lease or permit.

(e) The principal on any bond must be the lessee of record unless the lease is subject to an operating agreement which has been approved by the commissioner, in which case the operator may be the principal in place of the lessee of record.

(f) Bonds must be furnished on forms provided by the department.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.605 Assignments

(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.

(e) The commissioner will make a written finding stating the reasons for disapproval of a transfer of a divided interest under (d) of this section.

(f) When a corporate merger or consolidation occurs, transferring all of the interests of one corporation to another, the surviving or new corporation shall submit to the department

(1) a signed, notarized statement by an officer of the surviving or new corporation describing the transfer of interests;

(2) a certificate of merger or certificate of consolidation issued by the State of Alaska, Department of Commerce;

(3) applications for approval of assignments transferring all interests to the surviving or new corporation, in compliance with 11 AAC 82.615;

(4) if not filed on a form provided by the department, the request for approval must contain the same information for each interest transferred as is required on the assignment application form;

(5) a filing fee is required for each affected lease or oil and gas exploration license; and

(6) the surviving or new corporation must comply with the statement of qualifications required by 11 AAC 82.205.

History

Authority: AS 38.05.020; AS 38.05.132; AS 38.05.920 AS 38.05.131; AS 38.05.133
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 3/30/84, Register 89; am 7/1/89, Register 110; am 9/22/95, Register 135

11 AAC 82.610 Permits or leases segregated by partial assignment

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.

History

Authority: AS 38.05.020
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.615 Application for approval of assignment

(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.

(b) If the transfer is solely an assignment by the lessee or licensee of a state-issued oil and gas exploration license of record of all or a divided or undivided portion of the record title to a lease or oil and gas exploration license, forms provided by the department or facsimile must be used.

(c) Each application for approval of assignment must provide for the transfer of interest from a single assignor to a single assignee. The department form may not be altered to provide for any type of multiple party assignments.

(d) If a single instrument affects two or more leases, oil and gas exploration licenses, or permits, the applicant shall file three signed counterparts of the instrument and sufficient exact image copies of it to provide one copy of each lease, oil and gas exploration license, or permit covered by the application. A separate filing fee is required for each lease, oil and gas exploration license, or permit affected.

(e) The assignee shall also file or refer to the current statement of qualifications required by 11 AAC 82.205.

(f) Ownership interests must be expressed in percentages with any fraction of a percent expressed in decimals with five or fewer digits to the right of the decimal point. All ownership percentages in the lease, when added, must total 100 percent.

(g) Filing fees will be assessed in accordance with 11 AAC 05.110 for each application for approval of assignments.

History

Authority: AS 38.05.020; AS 38.05.132; AS 38.05.920 AS 38.05.131; AS 38.05.133
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 7/1/89, Register 110; am 9/22/95, Register 135; am 7/1/2018, Register 227; am 12/26/2019, Register 232

11 AAC 82.620 Transfer by death

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.

History

Authority: AS 38.05.020; AS 38.05.920
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.625 Effective date of assignments

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.

History

Authority: AS 38.05.020; AS 38.05.132; AS 38.05.920 AS 38.05.131; AS 38.05.133
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 9/22/95, Register 135; am 2/21/98, Register 145

11 AAC 82.630 Responsibility

(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.

History

Authority: AS 38.05.020; AS 38.05.132; AS 38.05.145 AS 38.05.131; AS 38.05.133; AS 38.05.920
Eff. 9/5/74, Register 51; am 9/22/95, Register 135

11 AAC 82.635 Surrenders

(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.

History

Authority: AS 38.05.020; AS 38.05.132; AS 38.05.145 AS 38.05.131; AS 38.05.133
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 5/30/85, Register 94; am 9/22/95, Register 135

11 AAC 82.640 Survey requirement

(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.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.145
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.645 Conforming protracted description to official surveys

(a) If a lease is issued describing land according to a protracted survey and if thereafter the leased land is surveyed under the public land rectangular system, the boundaries of the lease land are those established by the latter survey when it is approved by the commissioner. Before conforming the lease boundaries, the department will notify each lessee of land affected by the survey and permit those lessees to examine the plat of survey and the field notes. If such a lessee believes that the survey is erroneous and would because of an error move any boundary of a lease held by him more than 10 feet, or in the case of an oil and gas lease on which there is no well capable of producing in paying quantities, one-quarter of a mile, then he may, within 30 days after that notice, file with the department written objections to the survey specifying in detail the error alleged, the boundary affected and the effect on it, and stating whether a hearing is demanded.

(b) If a hearing is demanded under (a) of this section, the commissioner will establish a time and place for the hearing and mail reasonable notice of it to all lessees of record affected by the survey.

(c) The commissioner will consider all written objections and all evidence presented at the hearing, and if he finds that any lease boundary, as established by the lessee, would be affected in excess of the limits specified in (a) of this section, and he finds reasonable cause to believe that the effect may be the result of an error in the survey, whether or not within the allowable limits of error according to the generally accepted standards of surveying, and any lessee or lessees agree to bear the cost of a resurvey as provided for in (d) of this section, the survey is not approved and the commissioner will order a resurvey.

(d) A resurvey ordered under (c) of this section must be made by an independent professional land surveyor licensed in Alaska and appointed by the commissioner, who will consult with any interested lessees before making the appointment. The commissioner will fully apprise the surveyor of any alleged errors and furnish him copies of all written objections and other evidence submitted concerning the original survey.

(e) Upon receipt of the resurvey, the commissioner will notify all affected lessees of it and permit the lessees to examine the plat of resurvey and the field notes. A lessee may within 30 days after receipt of the notice file written objections in the manner provided in (a) of this section. If objections are received, the commissioner may, at his discretion, order a further hearing or a further resurvey in the manner provided in (d) of this section.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.650 Control

(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) that is adopted by reference 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.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232

11 AAC 82.655 Rule of approximation

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

11 AAC 82.660 Excess area; partial termination

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.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.665 Rental and royalty relief

(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.

(b) Upon receipt of an application complying with (a) of this section, the commissioner will cause to be published a notice of public hearing if required on the application. The notice must

(1) state the time and place of hearing;

(2) describe the lands involved; and

(3) state the name of the applicant and the nature of the relief applied for.

(c) The notice must be published at least once a week for at least two consecutive weeks in advance of the hearing date, which must be at least 15 days after the last date of publication, in at least one newspaper of general circulation in the vicinity of the principal office of the department, and must be posted at that office for the same period.

(d) At the time and place specified in the published notice, the commissioner will hear evidence offered by the applicant and any other interested party.

(e) The commissioner must give notice of the findings and determination to the lessee and to any other person who has filed a written request for it. The action taken is effective on the date specified in the notice.

History

Authority: AS 38.05.020; AS 38.05.140; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.670 Suspension of production or operations

(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.

History

Authority: AS 38.05.020; AS 38.05.140; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.675 Effective date of leases, oil and gas exploration licenses, and permits

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.

History

Authority: AS 38.05.020; AS 38.05.133 AS 38.05.131; AS 38.05.145
Eff. 9/5/74, Register 51; am 9/22/95, Register 135

Article 7 Royalty Products

11 AAC 82.700 Taking royalty in-kind for royalty products other than oil, gas, or associated substances

Royalty products other than oil, gas, or associated substances taken in-kind as provided by AS 38.05.182 must be taken under the provision of the lease which reserves the royalty to the state. If no such provision is in the lease or in the regulations dealing with the products to be taken, 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; however, if the portion of the state's share to be taken in-kind exceeds 50 percent of the state's share, 180 days notice will be given;

(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) from 10 percent to 50 percent, upon 90 days written notice; and

(3) the products must be delivered to the state or its designated purchaser free of charge at the point specified in the lease for determination of the value of the royalty product as if the product to be taken were to be paid in money rather than taken in-kind; the condition of the product must be the same as the non-royalty share at the point of taking; the lessee shall, if necessary, furnish safe storage for the royalty share free of charge for the same duration and in the same manner as storage is provided for the non-royalty share.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.182
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 7/19/86, Register 99; am 5/22/93, Register 126

11 AAC 82.705 Bidding method for royalty products other than oil, gas, or associated substances

Royalty products, other than oil, gas, or associated substances, that the commissioner determines are to be sold by competitive bid will be offered for sale by sealed bid or at public auction.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.183
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 7/19/86, Register 99; am 5/22/93, Register 126

11 AAC 82.710 Notice of sale for royalty products other than oil, gas, or associated substances

If the commissioner determines that royalty products other than oil, gas, or associated substances will be offered for competitive sale, notice of the sale will be given as provided by AS 38.05.945. The notice must specify all the terms and conditions of the sale including the royalty products to be sold, bidding method, bond requirements, sale place and time, minimum bid, if prescribed, and any other term or condition that the commissioner determines necessary to carry out the purposes of AS 38.05.183.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.183 AS 38.05.135(b)AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 3/18/83, Register 85; am 3/30/83, Register 85; am 7/19/86, Register 99; am 5/22/93, Register 126

11 AAC 82.715 Qualifications for royalty products other than oil, gas, or associated substances

A purchaser of the state royalty products other than oil, gas, or associated substances must comply with the qualification requirements of 11 AAC 82.200 and must supply the showing of qualification required of mineral permittees and lessees by 11 AAC 82.205.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.183
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 7/19/86, Register 99; am 5/22/93, Register 126

Article 8 Records and Reports

11 AAC 82.800 Production records

(a) Mineral lessees of state land shall keep in their possession accurate books and records showing the production and disposition of all minerals produced from the leased land and shall permit the commissioner or his agents at all reasonable hours to examine them.

(b) The commissioner will, in his discretion, require copies of sales contracts and other agreements with the first bona fide purchaser affecting produced minerals which are subject to royalties.

History

Authority: AS 38.05.020(b)AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 82.805 Test results

The lessee of a state-issued mineral lease and the licensee of a state-issued oil and gas exploration license shall furnish, upon request of the commissioner, a copy of all geological, geophysical, engineering, and other factual data obtained from the lease or oil and gas exploration license, including all pertinent tests, records, surveys, and analyses conducted on or pertaining to the leased or licensed land or products from it, but not including interpretations of these items or proprietary research data or techniques.

History

Authority: AS 38.05.020; AS 38.05.132 AS 38.05.131; AS 38.05.145
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 3/18/83, Register 85; am 9/22/95, Register 135

11 AAC 82.810 Confidentiality of data

(a) Geological, geophysical, and engineering data, including well and bore hole data, and interpretations of those data, will be kept confidential at the written request of the person supplying the information. Cost data and financial information submitted in support of applications, bonds, leases, and similar items will be kept confidential at the written request of the person supplying the information except as provided in AS 38.05.036.

(b) Information for which confidentiality is requested must be identified as "confidential" on the outer envelope and on each page, and must be submitted separately from information not entitled to confidential status.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.145
Eff. 3/18/83, Register 85

11 AAC 82.815 Cross-referencing

A party who is required to submit information to the commissioner under this title may cross-reference information which it or other parties, including agencies of state or federal government, have previously filed with the commissioner. A party making a cross-reference shall precisely identify the referenced information, the approximate date, and the office with which it was filed. If the information cannot be located in the departmental files, or if inaccessibility of the information would delay processing of the application, the commissioner will, in his discretion, require that the information be submitted.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.145
Eff. 3/18/83, Register 85

Article 9 Exploration Licensing

11 AAC 82.903 Description of land

The commissioner will, in the commissioner's discretion, make state land that is not under lease or otherwise excluded from oil and gas leasing or exploration licensing by state law available for oil and gas exploration licensing. Land proposed for licensing must be described 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 United States Bureau of Land Management.

History

Authority: AS 38.05.131
Eff. 9/22/95, Register 135

11 AAC 82.906 Term

The term for an oil and gas exploration license will be determined by the commissioner in accordance with AS 38.05.132.

History

Authority: AS 38.05.131; AS 38.05.132
Eff. 9/22/95, Register 135

11 AAC 82.909 License proposal

(a) At any time during a calendar year, the commissioner will, in the commissioner's discretion, issue a call for proposals for an oil and gas exploration license that specifies the

(1) area to be offered for licensing;

(2) minimum qualifications for a licensee, as specified under 11 AAC 82.200(a); and

(3) minimum exploration work commitment expressed in dollars.

(b) A prospective license must notify the commissioner in writing of the prospective licensee's intent to submit a proposal for an oil and gas exploration license within 30 days after the commissioner has issued a call for proposals under (a) of this section.

(c) A proposal for an oil and gas exploration license submitted by a prospective licensee must be received by the department within 60 days after the commissioner has issued a call for proposals under (a) of this section.

(d) A proposal for an oil and gas exploration license that is initiated by a prospective licensee, and that is not in response to a call for proposals by the commissioner, must be received by the department during the period beginning April 1 and ending April 30 of a calendar year.

(e) A proposal in response to a call for proposals under (a) of this section or a self-initiated proposal under (d) of this section must

(1) describe the lands proposed to be subject to licensing, and provide this information on a map at a scale of 1:250,000 or greater;

(2) state the specific work commitment expressed in dollars;

(3) propose the term of the license;

(4) describe the amount and form of security to be posted, based on the projected cost of the planned exploration work;

(5) state that the prospective licensee meets the minimum qualifications, as specified under 11 AAC 82.200;

(6) designate one person who is authorized to receive notices on behalf of an applicant; and

(7) be submitted on a form provided by the department or a verbatim copy of the department's form.

(f) The commissioner will, in the commissioner's discretion, modify any proposal and request that a prospective licensee submit a revised proposal based on the commissioner's modifications. A prospective licensee shall have 30 days to resubmit a revised proposal which must conform to (e) of this section. The commissioner will reject any proposal that the commissioner determines is not in the state's best interest.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.912 Request for competing proposals

(a) If a proposal for an exploration license submitted under 11 AAC 82.909 (a) or (d) is not rejected by the commissioner, the commissioner will issue a request for competing proposals concurrent with a public notice of intent by the commissioner to evaluate the acceptability of the proposal.

(b) A prospective licensee must notify the commissioner in writing of the prospective licensee's intent to submit a proposal for an oil and gas exploration license within 30 days after the commissioner has issued a request for competing proposals under (a) of this section.

(c) A competing proposal for an oil and gas exploration license submitted by a prospective licensee must conform to 11 AAC 82.909(e) and must be received by the department within 60 days after the commissioner has issued a request for competing proposals under (a) of this section.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.915 Qualifications

A prospective licensee for an oil and gas exploration license must comply with 11 AAC 82.200(a) and 11 AAC 82.205 before submitting a proposal under 11 AAC 82.909 or 11 AAC 82.912.

History

Authority: AS 38.05.131; AS 38.05.133; AS 38.05.190
Eff. 9/22/95, Register 135

11 AAC 82.918 Public notice

A public notice is subject to the provisions of AS 38.05.945(b) if the notice

(1) solicits proposals for an oil and gas exploration license;

(2) announces the intent by the commissioner to evaluate the acceptability of a proposal for an oil and gas exploration license and requests competing proposals; or

(3) seeks comments on a best interest finding for an oil and gas exploration license.

History

Authority: AS 38.05.131; AS 38.05.133; AS 38.05.945
Eff. 9/22/95, Register 135

11 AAC 82.921 Invitation to bid

(a) If competing proposals are submitted, and the written finding of the commissioner concludes that an oil and gas exploration license should be issued, the commissioner will issue to each applicant that submitted a proposal under 11 AAC 82.909 or 11 AAC 82.912 an invitation to submit a sealed bid on a form supplied by the department.

(b) The invitation to bid will

(1) be issued concurrent with the written finding;

(2) describe the area to be offered for licensing;

(3) designate the date a sealed bid must be received by the commissioner;

(4) include the finding under AS 38.05.133(f), the exploration license and lease forms that will be used, and a bid form; and

(5) disclose additional information and set out additional requirements as the commissioner determines to be necessary.

(c) Submission of a sealed bid to the commissioner on a form supplied by the department or a verbatim copy of the department's form constitutes notice of a prospective licensee's intent to participate in the bidding as required by AS 38.05.133(h).

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.924 Bid deposit

An oil and gas exploration license sealed bid received in response to a request for a competitive bid must be accompanied by a bid deposit of 20 percent of the license fee, rounded to the nearest dollar. The bid deposit is subject to the provisions of 11 AAC 82.425.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.927 Submitted bid

A sealed bid submitted for an oil and gas exploration license is subject to the provisions of 11 AAC 82.420.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.930 Joint bid

A joint sealed bid for an oil and gas exploration license is subject to the provisions of 11 AAC 82.430.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.933 Tie bids

In the event of tie bids for an oil and gas exploration license, the provisions of 11 AAC 82.455 apply.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.936 Notification of competitive award

(a) The commissioner will, within 15 days following the date that a sealed bid must be received, notify each prospective licensee of the commissioner's decision to accept or reject that prospective licensee's sealed bid.

(b) A successful bidder shall, within 30 days after receiving notification of the award, wire transfer the balance of the exploration license fee, submit two fully executed copies of the exploration license form, and file the security required by AS 38.05.132(c)(4). All documentation must be physically received by the department by the close of business on that 30th day.

(c) If a successful bidder fails to comply with (b) of this section, the bid deposit and the license award are forfeited. The commissioner will, in the commissioner's discretion, award the exploration license to the next successive highest bidder.

(d) The commissioner will, in the commissioner's discretion, hold a bid deposit until a license is awarded, or until the commissioner decides not to award the license.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.939 Return of bid deposits

The department will return unsuccessful bid deposits for an oil and gas exploration license within 10 days following the award and acceptance of an oil and gas exploration license.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.942 Effective date of license

The effective date of an oil and gas exploration license is established according to the provisions of 11 AAC 82.675.

History

Authority: AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.945 Bonding or other security

(a) An exploration license shall be bonded under the provisions of 11 AAC 82.600(c) and (f).

(b) The principal on a bond must be the licensee of record with the department.

(c) A licensee shall, upon acceptance, and on or before each anniversary of the effective date of an oil and gas exploration license, deliver to the department an affidavit showing that the required security is in place with the department and executed in favor of the state. Each affidavit shall include calculations conforming the security to the requirements of AS 38.05.132(c)(4)(B). The commissioner will, in the commissioner's discretion, revoke an oil and gas exploration license for failure to provide the commissioner with this affidavit. Upon revocation, a licensee's security is forfeited to the state.

History

Authority: AS 38.05.131; AS 38.05.132; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.948 Reservations

An oil and gas exploration license must comply with the provisions of 11 AAC 83.150(a).

History

Authority: AS 38.05.131; AS 38.05.133 AS 38.05.132; AS 38.05.134
Eff. 9/22/95, Register 135

11 AAC 82.951 Plan of operations

(a) Each operation conducted under an oil and gas exploration license is subject to the provisions of 11 AAC 83.158, and 11 AAC 96.010 - 11 AAC 96.140.

(b) For an exploratory drilling operation, a licensee shall allow representatives of the department to

(1) be on-site for drilling, coring, and testing; and

(2) examine the core after drilling.

History

Authority: AS 38.05.020; AS 38.05.131 AS 38.05.035; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.954 Relinquishment of lands

(a) On or before the fourth anniversary of the effective date of the issuance of an oil and gas exploration license and on or before every anniversary thereafter, a licensee shall deliver to the department a description of

(1) the actual work completed, total cumulative direct exploration expenditure, and the percentage of the original work commitment completed; and

(2) a listing of lands selected for relinquishment, if the work completed exceeds 25 percent, but is less than 50 percent, with a map at a scale of 1:250,000 indicating lands to be relinquished.

(b) Relinquished lands, to the extent possible, must be comprised of full sections and described by section, township, range and meridian, or by other legal subdivision.

(d) If a licensee subject to AS 38.05.132(d)(2) fails to deliver to the department the information required in (a) of this section on or before the fourth anniversary of the effective date of the oil and gas license, and on or before each successive anniversary, the commissioner will designate the lands to be relinquished. The commissioner will notify the licensee in writing of the commissioner's decision.

(e) Relinquishment of lands under this section does not affect the work commitment on which the license was issued.

History

Authority: AS 38.05.131; AS 38.05.132
Eff. 9/22/95, Register 135

11 AAC 82.957 Surrenders

(a) When a licensee voluntarily surrenders an oil and gas exploration license, the provisions of 11 AAC 82.635 apply.

(b) Upon the effective date of surrender of the license, a licensee shall forfeit to the state the security required in AS 38.05.132(c)(4)(B).

History

Authority: AS 38.05.131; AS 38.05.132
Eff. 9/22/95, Register 135

11 AAC 82.960 Audit

(a) The commissioner will, in the commissioner's discretion, audit expenditures by inspecting all reports and other information filed in support of or relating to direct exploration expenditures, whether or not that information is confidential. The commissioner will hold confidential information that qualifies as such, in accordance with AS 38.05.035(a)(9)(C) and (a)(9)(D).

(b) The commissioner will, in the commissioner's discretion, require additional information regarding a licensee's direct exploration expenditures, reports, data, or other information relevant to the drilling of an oil and gas exploration well or the gathering of geologic or geophysical data. The commissioner will, in the commissioner's discretion, terminate a license if the licensee fails to provide the information in the time specified by the commissioner.

History

Authority: AS 38.05.131; AS 38.05.132
Eff. 9/22/95, Register 135

11 AAC 82.963 Appeals

A prospective licensee or licensee disagreeing with a decision of the department may appeal under the provisions of 11 AAC 02.

History

Authority: AS 38.05.131; AS 38.05.133; AS 44.37.011
Eff. 9/22/95, Register 135; am 9/19/2001, Register 159

11 AAC 82.966 Assignments

The assigning of an oil and gas exploration license is subject to the provisions of 11 AAC 82.605 and 11 AAC 82.615.

History

Authority: AS 38.05.131; AS 38.05.132; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.969 Effective date of assignments

The effective date of an assignment of an oil and gas exploration license is as provided for in 11 AAC 82.625.

History

Authority: AS 38.05.131; AS 38.05.132; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.972 Responsibility

The responsibilities of an assignor and an assignee of an oil and gas exploration license are subject to the provisions of 11 AAC 82.630.

History

Authority: AS 38.05.131; AS 38.05.132; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.975 Termination

The commissioner will, in the commissioner's discretion, terminate a license whenever a licensee fails to comply with a provision of an oil and gas exploration license, applicable statutes, regulations, or stipulations and the failure continues for a period of 60 days following written notice by the commissioner to the licensee of failure to comply. Upon termination, a licensee's oil and gas exploration license security required by AS 38.05.132(c)(4)(B) is forfeited to the state.

History

Authority: AS 38.05.131; AS 38.05.132; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.978 Conversion request

(a) After completion of all work commitment obligations, and before the expiration of an oil and gas exploration license, a licensee may request the conversion of all or part of the license into oil and gas leases.

(b) A licensee shall submit to the department a written request providing the legal description of each proposed lease. The request may not exceed 5,760 acres of land. Proposed leased lands must be

(1) reasonably compact and contiguous;

(2) to the extent possible, comprised of full sections; and

(3) described by section, township, range and meridian, or by other legal subdivision.

(c) If the commissioner determines that a licensee has met the work commitment obligation set out in an oil and gas exploration license issued under AS 38.05.132, the commissioner will provide by certified mail two copies of the lease form to the licensee for execution. A licensee shall have 30 days after receipt of the lease form to execute the form and submit payment for the first year's annual rental, payable to the Department of Revenue. The executed lease form and the first year's annual rental must be physically received by the department by the close of business on the 30th day.

(d) Upon compliance with (c) of this section, the commissioner will sign the leases on behalf of the state and mail one fully executed copy to the lessee.

(e) The effective date of a lease issued under this chapter is as provided for in 11 AAC 82.675.

History

Authority: AS 38.05.131; AS 38.05.133; AS 38.05.134
Eff. 9/22/95, Register 135

11 AAC 82.981 Submittal of geologic and geophysical data

On or before each anniversary date of an exploration license, a licensee shall submit to the department all geologic and geophysical data obtained under an exploration license.

History

Authority: AS 38.05.131; AS 38.05.133 AS 38.05.132; AS 38.05.134
Eff. 9/22/95, Register 135

11 AAC 82.984 Confidentiality

(a) The commissioner will hold confidential all geologic and geophysical data submitted by a licensee until the land from which the data were acquired is no longer subject to an oil and gas exploration license, and provided that the land has not been converted to one or more oil and gas leases.

(b) The geologic and geophysical data on each active lease shall continue to be held confidential by the commissioner, and shall remain confidential for two years after the date of conversion. If a lease expires within two years of the date of conversion, the data on that lease will no longer be held confidential by the commissioner.

(c) The provisions of 11 AAC 83.153 shall not apply for data submitted to the commissioner that have been obtained under an exploration license.

History

Authority: AS 38.05.035; AS 38.05.132 AS 38.05.131; AS 38.05.133
Eff. 9/22/95, Register 135

11 AAC 82.990 Definitions

In this chapter

(1) "audit" means the process of obtaining sufficient competent evidentiary matter through inspection, observation, inquiry, and confirmation to afford a reasonable basis for ascertaining the compliance by the subject of the audit with the applicable law, regulations, stipulations, and oil and gas exploration license terms and conditions;

(2) "commissioner" means the commissioner of the Department of Natural Resources;

(3) "department" means the Department of Natural Resources;

(4) "finding" means a written finding addressing all matters set out in AS 38.05.035(e) and (g), except for AS 38.05.035(g)(1)(B)(xi);

(5) "geologic data" means information gathered from surface geologic measurements, well and core hole information in a form suitable for storage, processing or interpretation, such as magnetic tape, computer disk, film, paper prints and listings; these may include mud logs; electric logs; density logs; sonic logs; neutron logs; gamma ray logs; interpretative logs such as Schlumberger's cyberlock and formation microscanners and all types of dipmeter logs; directional surveys; core (conventional and sidewall) and outcrop sample descriptions and measurements, photos and analyses, including lithologic, porosity and permeability, petrographic, geochemical, thermal maturation, fission track, radiometric dating, fluid inclusion, palynologic, paleontologic, ichnologic, and sedimentologic data and interpretations; sample descriptions; data and analyses from cuttings, including lithologic and petrographic, descriptive and interpreted palynologic and paleontologic, geochemical, and thermal maturation indicators; fluid analysis; drillstem and repeat formation tests; other formation tests; and periodic drilling and operating reports; "geologic data" also includes maps, cross sections, fence diagrams and other interpretive displays produced during the term of the license or subsequent lease;

(6) "geophysical data" means all of the measurements and information obtained from electric surveys, gravity surveys, magnetic surveys, seismic reflection surveys, seismic refraction surveys and remote sensing; the information may be in the form of both raw field data and data that are the result of any processing or reduction in a form suitable for storage, processing, or interpretation, such as magnetic tape, computer disk, film, paper prints, or listings.

History

Authority: AS 38.05.131
Eff. 9/22/95, Register 135

Chapter 83 Oil and Gas Leasing

Article 1 General Oil and Gas Lease Provisions

11 AAC 83.100 Leasing methods

(a) Except as provided in (b) of this section, all land is competitive for oil and gas leasing purposes and may only be leased under competitive procedures provided in 11 AAC 82.

(b) The director will consider applications for shallow natural gas leases on a first-come first-served basis.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180 AS 38.05.135; AS 38.05.177
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 9/10/98, Register 147

11 AAC 83.105 "Paying quantities" defined

"Production in paying quantities," as used in 11 AAC 83.100 - 11 AAC 83.295 and 11 AAC 83.400 - 11 AAC 83.910, means production in such quantity as to enable the operator to realize a profit. For purposes of the habendum clause of a lease, that is, for the purpose of keeping the lease in force after the expiration of the primary term, "paying quantities" means production in quantities sufficient to yield a return in excess of operating costs, even though drilling and equipment costs may never be repaid and the undertaking considered as a whole may ultimately result in a loss.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180
Eff. 9/5/74, Register 51; am 6/28/81, Register 78

11 AAC 83.110 Rental

(a) Rental payments are due in accordance with the rental provisions of the lease.

(b) The department will credit an overpayment of rent to the next year's rental.

(c) All oil and gas leases are conditioned upon payment of the annual rental in advance on or before the beginning of each lease year before completion of a well capable of producing oil and gas in paying quantities on these leased lands.

(d) After a well has been plugged and abandoned and there is no other well on the lease capable of production, the commissioner may allow the rental rate effective during the year of the abandonment to be the rate for the remainder of the term of the lease, or, if production is achieved from a subsequent well, until the royalty or net profit share to the state exceeds the rental for that year.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232

11 AAC 83.111 Rental payments during an appeal or pending application

For a lease that is expired but otherwise remains subject to a pending application or appeal, the lessee must continue to pay annual rental at the previous year's rental rate, on or before the anniversary of the lease, during the application or appeal process. If, upon resolution of an appeal or final decision issued by the department, a lease is not extended, the department may refund the rental for the current lease year, prorated by month and acreage, starting the first day of the month following the time when the appeal resolution or decision becomes final.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 12/26/2019, Register 232

11 AAC 83.115 Minimum royalty

Repealed 6/28/81.

11 AAC 83.120 Extension for extenuating circumstances

Repealed 6/28/81.

11 AAC 83.125 Extension by drilling

(a) If drilling, including redrilling, sidetracking, or other means necessary to reach the originally proposed bottom hole location, has commenced on or before the expiration date of the primary term of the lease and is continued through that date with reasonable diligence, the lease will continue in full force until 90 days after the drilling has ceased and for so long after that date as oil or gas is produced in paying quantities.

(b) In (a) of this section, "drilling" means operations necessary or convenient to drilling a well in the ground with equipment of sufficient size and capacity to drill to the total depth proposed for the well.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.130 Extension after production

If production occurs in paying quantities during the primary term of any lease, and if at the end of the primary term or at any time prior to the end of the primary term that production has ceased, or if production ceases at any time after the expiration of the primary term, then the lease does not terminate if the lessee commences drilling or reworking operations (either in a well from which the production has ceased or in a new well) within 60 days after the cessation of production; and the lease remains in full force and effect so long as operations are prosecuted with reasonable diligence; and, if the drilling or reworking operations result in the production of oil or gas, the lease remains in full force and effect so long as oil or gas is produced from it in paying quantities.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(b)
Eff. 9/5/74, Register 51

11 AAC 83.135 Shut-in production

No lease covering land on which there is a well capable of producing oil or gas in paying quantities will expire because the lessee fails to produce oil or gas, unless the commissioner gives notice to the lessee or operator allowing a reasonable time, which will not be less than 60 days after receipt of notice, to place the well on a producing status and the lessee or operator fails to do so. After producing status is established, production must continue on the leased land until suspension of production is allowed by the commissioner.

History

Authority: AS 38.05.020; AS 38.05.140(d)AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.140 Extension by elimination from a unit

If any lease or a portion of one is eliminated from the unit plan or recovery program, or if the unit plan or recovery program is terminated, then the lease or portion of it so eliminated continues in full force and effect as may be provided in the unit or cooperative agreement, but for not less than 90 days from the date of the elimination or termination and so long thereafter as drilling or redrilling operations are being conducted on it and so long thereafter as oil or gas is produced in paying quantities.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(d)
Eff. 9/5/74, Register 51

11 AAC 83.145 Directional drilling clause

The commissioner will include a directional drilling clause in all oil and gas leases that have been issued or that may be subsequently issued by the state. The clause will provide that actual drilling from a well located off the leased premises, but to be completed or bottomed on leased premises, will be considered as actual drilling under the lease terms.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.150 Reservations

(a) Every oil and gas lease or exploration license must reserve to Alaska the right to dispose of to others the surface of the leased land subject to the lease or the licensed land subject to the license, and the right to authorize others by grant, lease, or permit, subject to the lease or oil and gas exploration license and under such conditions as will prevent unnecessary or unreasonable interference with the rights and operations under the lease or oil and gas exploration license, to enter upon and use the leased or licensed land

(1) to explore for oil or gas by geological or geophysical means including the drilling of shallow core holes or stratigraphic tests to a depth of not more than 1,000 feet;

(2) to explore for, develop, and remove natural resources other than oil, gas, and associated substances on or from the leased or licensed land;

(3) for non-exclusive easements and rights-of-way for any lawful purpose, including shafts and tunnels necessary or appropriate for working of the leased or licensed land or other land for natural resources other than oil, gas, or associated substances;

(4) for well sites and well bores of wells drilled from or through the leased or licensed land to explore for or produce oil, gas, and associated substances in and from other land; and

(5) for any other purpose now or after September 4, 1974 authorized by law and not inconsistent with the rights under the lease or oil and gas exploration license.

(b) The subsurface storage of oil or gas is not authorized except as a necessary incident to recycling, pressure maintenance, repressuring, or other similar operations designed to increase the ultimate recovery of oil or gas or prevent the waste of oil or gas produced from the leased or licensed land or from any unit area of which the leased land is a part. Every lease or oil and gas exploration license must reserve to Alaska the right to authorize the subsurface storage of oil, gas, or associated hydrocarbons in the leased land by the lessee or by others in order to avoid waste or to promote conservation of natural resources in accordance with 11 AAC 83.500 - 11 AAC 83.520, and upon conditions that will prevent unnecessary or unreasonable interference with the rights and operations under the lease or oil and gas exploration license, including conditions prohibiting the storage of oil or gas in any reservoir capable of producing oil and gas in paying quantities without the consent of the holder of any lease or oil and gas exploration license covering the reservoir.

History

Authority: AS 38.05.020; AS 38.05.131; AS 38.05.145 AS 38.05.125; AS 38.05.133; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 9/22/95, Register 135

11 AAC 83.153 Confidential reports

(a) If the commissioner finds that reports or information required under AS 31.05.035(a) contain significant information relating to the valuation of unleased land within a three-mile radius of the well from which these reports or information were obtained, the commissioner will, upon the written request of the owner of the well, keep the reports or information confidential for a reasonable time not to exceed 90 days after disposal of the unleased land, unless the owner of the well gives written permission to release the reports and information at an earlier date. The commissioner will, in his or her discretion, extend confidentiality to reports or information required under AS 31.05.035 from a well located more than three miles from any unleased land if the owner of the well from which these reports or information are derived makes a sufficient showing that the reports or information contain significant information relating to the valuation of unleased land beyond the three-mile radius.

(b) Reports or information for which extended confidentiality is requested or has been granted under AS 31.05.035 will not be eligible for extended confidentiality when

(1) the lease on which the well is drilled has expired; or

(2) the unleased land within a three-mile radius of the well from which the reports or information are obtained is offered in a competitive lease sale, but receives no bids greater than or equal to any minimum bid established for that sale.

(d) As used in this section, "disposal" means the grant or issuance of an oil and gas lease.

History

Authority: AS 31.05.035(c)AS 38.05.020; AS 38.05.180
Eff. 3/30/84, Register 89

11 AAC 83.155 Damages

Each lessee, licensee of a state-issued oil and gas exploration license, or permittee is required to pay any damage that becomes payable under AS 38.05.130 and shall indemnify Alaska and hold it harmless from and against any claims, demands, liabilities, and expenses arising from or in connection with the damage.

History

Authority: AS 38.05.020; AS 38.05.131; AS 38.05.145 AS 38.05.130; AS 38.05.133
Eff. 9/5/74, Register 51; am 9/22/95, Register 135

11 AAC 83.158 Plan of operations

(a) Except as provided in (b) of this section, a plan of operations for all or part of the leased area or area subject to an oil and gas exploration license must be approved by the commissioner before any operations may be undertaken on or in the leased or licensed area.

(b) A plan of operations is not required for

(1) activities that would not require a land use permit under this title; or

(2) operations undertaken under an approved unit plan of operations in accordance with this title.

(c) Before undertaking operations on or in the leased or licensed area, the lessee or licensee shall provide for full payment of all damages sustained by the owner of the surface estate as well as by the surface owner's lessees and permittees, by reason of entering the land.

(d) An application for approval of a plan of operations must contain sufficient information, based on data reasonably available at the time the plan is submitted for approval, for the commissioner to determine the surface use requirements and impacts directly associated with the proposed operations. An application must include statements and maps or drawings setting out the following:

(1) the sequence and schedule of the operations to be conducted on or in the leased or licensed area, including the date operations are proposed to begin and their proposed duration;

(2) projected use requirements directly associated with the proposed operations, including the location and design of well sites, material sites, water supplies, solid waste sites, buildings, roads, utilities, airstrips, and all other facilities and equipment necessary to conduct the proposed operations;

(3) plans for rehabilitation of the affected leased or licensed area after completion of operations or phases of those operations; and

(4) a description of operating procedures designed to prevent or minimize adverse effects on other natural resources and other uses of the leased or licensed area and adjacent areas, including fish and wildlife habitats, historic and archeological sites, and public use areas.

(e) In approving a lease or license plan of operations or an amendment of a plan, the commissioner will require amendments that the commissioner determines necessary to protect the state's interest. The commissioner will not require an amendment that would be inconsistent with the terms of sale under which the lease was obtained, or terms under which the oil and gas exploration license was obtained or with the terms of the lease or license itself, or which would deprive the lessee or licensee of reasonable use of the leasehold or licensed interest.

(f) The lessee or licensee may, with approval of the commissioner, amend an approved plan of operations.

(g) Upon completion of operations, the lessee or licensee shall inspect the area of operations and submit a report indicating the completion date of operations and stating any noncompliance of which the lessee or licensee knows, or should reasonably know, with requirements imposed as a condition of approval of the plan.

(h) In submitting a proposed plan of operations for approval, the lessee or licensee shall provide five copies of the plan.

History

Authority: AS 38.05.020; AS 38.05.131; AS 38.05.145 AS 38.05.130; AS 38.05.133; AS 38.05.180
Eff. 6/28/81, Register 78; am 8/15/82, Register 83; am 3/18/83, Register 85; am 9/22/95, Register 135; am 2/21/98, Register 145; am 12/27/2012, Register 204

11 AAC 83.160 Oil and gas lease bond

(a) Before operations commence on a state oil and gas lease, a bond in the amount of at least $10,000 must be furnished to the department.

(b) The commissioner will, in his discretion, after notice and an opportunity to be heard, require a bond in a reasonable amount greater than the amount specified in (a) of this section where a greater amount is justified by the nature of the surface, the uses and improvements on or in the vicinity of the leased land, and the degree of risk involved in the types of operations proposed or being conducted on the lease. A statewide bond furnished under (c) of this section will not satisfy any requirement of a bond imposed under this provision but will be considered by the commissioner in determining the need for and the amount of any additional bond under this subsection.

(c) Any person holding any interest in any lease may furnish a statewide bond in the amount of $500,000. A statewide bond satisfies all the bond requirements to which an oil or gas lease is subject under the Department of Natural Resources except that the commissioner will, in his discretion, require an additional unusual risk bond under (b) of this section or specific lease provisions.

(d) All oil and gas lease bonds must comply with 11 AAC 82.600.

History

Authority: AS 38.05.020(b)AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/29/80, Register 74

11 AAC 83.165 Conditional leases

(a) If all or any part, as shown on the division leasing plats when the lease was issued, of the land covered by a lease is land that has been selected by Alaska under laws of the United States granting land to Alaska but the land has not been patented to Alaska by the United States, then the lease shall be a conditional lease as provided by law with respect to the land until a patent becomes effective. If for any reason a selection is disapproved or patent is denied as to all or any part of the land, no rentals, royalties or minimum royalties paid to Alaska under the lease will be refunded. Any bonus paid for a competitive lease will be refunded in full if the entire lease fails or if the lease fails in part and the lessee elects to surrender the remaining part. If the lessee elects to retain a remaining part, the bonus will be refunded in pro rata part on an acreage basis.

(b) To be considered a conditional lease under this section, the lease must contain at least a legal subdivision of 40 acres in the aggregate of land which has not been patented to Alaska by the United States.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(a)
Eff. 9/5/74, Register 51

11 AAC 83.170 Failure to pay rental

(a) Any lease on which there is no well capable of producing oil or gas in paying quantities terminates by operation of law if any rental due is not timely paid on or before each anniversary date of the lease, except where the provisions of 11 AAC 83.620 are applicable.

(b) For purpose of this section, and notwithstanding 11 AAC 88.130(a)(2), rental is timely if it is received in the designated office by the anniversary date.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.175 Reinstatement

(a) The commissioner will reinstate a lease automatically terminated under 11 AAC 83.170 if he finds that the failure to pay rental was justifiable and not due to lack of reasonable diligence by the lessee and the rental is paid within 15 days after receipt of notice of the termination, along with a statement and supporting evidence of the reasons for the failure. The burden of showing that he qualifies for reinstatement under this subsection is on the lessee and only those cases will be considered where the circumstances can be verified by independent evidence other than lessee's statements. The failure to pay rental will not be considered justifiable unless payment was prevented or delayed by unforeseen circumstances beyond the lessee's reasonable control. Situations such as ignorance of the lease, law, or regulations, inability to pay, error or oversight of the lessee's employees or agents, forgetfulness, and failure to receive a billing are not grounds for reinstatement. Situations caused by major sickness, accidents, death, acts of God, and errors of departmental employees, the U.S. Postal Service, or a commercial delivery service may be considered as grounds for reinstatement.

(b) If the rental payment due under a lease is timely paid but the amount of the payment is deficient, and the commissioner believes the payment was determined in accordance with the rental or acreage figure stated in the lease or in a bill, decision, notice, or letter by the department and the figure is found to be in error, or if the commissioner finds that the deficiency was otherwise justifiable and not due to a lack of reasonable diligence on the part of the lessee, the lease will be reinstated if the lessee corrects the deficiency within 15 days after receipt of notice of the deficiency.

History

Authority: AS 38.05.020; AS 38.05.145
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.180 Default

(a) Whenever the lessee of a lease on which there is no well capable of producing oil or gas in paying quantities fails to comply with any provision of the lease or applicable regulations other than the payment of rental and the failure to comply continues for 60 days after receipt of notice to the lessee of the failure to comply, the director may terminate the lease by mailing notice of the termination to the lessee. Termination is effective upon giving the notice.

(b) Whenever the lessee of a lease on which there is a well capable of producing oil or gas in paying quantities fails to comply with any of the provisions of the lease or applicable regulations and the failure continues for a period of 60 days following notice to the lessee of the failure to comply, the lease may be cancelled by judicial proceedings instituted for that purpose in any court of competent jurisdiction having jurisdiction over the land covered by the lease or any part of it.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.145(a)
Eff. 9/5/74, Register 51

11 AAC 83.182 Royalty bidding

If the commissioner selects a method of bidding in which the royalty share reserved to the state is the bid variable, the commissioner will set a minimum fixed cash bonus in an amount to be announced no later than the date of the notice of sale.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.183 Sliding scale royalty

If the commissioner selects a method of bidding which sets a royalty reserved to the state, either fixed or as the bid variable, based on a sliding scale, the sliding scale will be determined, according to a method chosen at the commissioner's discretion which will be based on volume of production or other factors. The method chosen by the commissioner will consider the prolongation of the economic life of the oil and gas reservoir or reservoirs underlying the sale area or lease to which the sliding scale is to be applied.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.185 Royalty reduction

An application for a reduction of royalty on leases under AS 38.05.180(j) must comply with 11 AAC 88.105 and state all the facts entitling the applicant to relief.

History

Authority: AS 38.05.020(b)AS 38.05.145(a)AS 38.05.180(j)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 2/21/98, Register 145

11 AAC 83.190 Extension by commitment to an approved unit

If, on or before the expiration date of the primary term of a lease, the lease is committed to a unit agreement approved by the state, the lease will be extended for so long as it remains subject to the unit agreement.

History

Authority: AS 38.05.020(b)
Eff. 7/22/79, Register 71

Article 2 Net Profit Share Leasing

11 AAC 83.201 Purpose

11 AAC 83.201 - 11 AAC 83.295 establish procedures to be used by the lessee in calculating net profit share payments due the state for the production of oil and gas from any state net profit share lease (NPSL) issued by the department. The purpose of 11 AAC 83.201 - 11 AAC 83.295 is to allow a lessee to recover development costs, with interest, and operating costs, for each NPSL from production revenue for each NPSL before any net profit share payments become due the state from the lessee.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.202 Payment due state

The net profit share payment due the state each month under a NPSL equals the balance in the net profit payment account for that month, defined in 11 AAC 83.214, multiplied by the net profit share rate, defined in 11 AAC 83.204.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 8/15/82, Register 83

11 AAC 83.204 Net profit share rate

The net profit share rate is the fixed percentage share of the net profit payment account, defined in 11 AAC 83.214, payable to the state. The net profit share rate is determined through competitive bidding or by the commissioner as a condition of sale.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.207 Accounting system

(a) The lessee of a NPSL shall establish and maintain on a monthly, accrual basis, in addition to its own standard accounting system for itself or joint operators, an accounting system for that NPSL in accordance with 11 AAC 83.201 - 11 AAC 83.295 for the purpose of the reporting and payment requirements established in 11 AAC 83.245. The accounting system consists of three accounts: the development account, the production revenue account and the net profit payment account. These accounts allow a lessee to accumulate and recover development costs under 11 AAC 83.219, with interest compounded monthly, and to apply it against the NPSL production revenue account under 11 AAC 83.209 from which direct operating expenses, and royalties under 11 AAC 83.240 and 11 AAC 83.242, respectively, are deducted before any net profit share payments under 11 AAC 83.202 become due to the state from the lessee.

(b) The lessee's books and records relating to the NPSL accounting system and the financial accounting system for itself or joint operators must be available for inspection and copying by representatives and agents of the state during normal business hours.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.209 Production revenue account

(a) A NPSL's production revenue account for a month is credited with the production revenue under 11 AAC 83.222 for the NPSL during a month.

(b) For a month during which or after commercial production commences from the NPSL and for which the monthly production tax net revenue under 11 AAC 83.241(c) is negative, a NPSL's production revenue account is credited with a net loss credit. For purposes of this subsection, a net loss credit is the following percentage of the negative monthly production tax net revenue: 20 percent if the month is after March 2006 and before July 2007, 25 percent if the month is after June 2007 and before January 2014, or 35 percent if the month is after December 2013. The commissioner may approve a discount to the net loss credit if the lessee shows by clear and convincing evidence that the lessee cannot either

(1) use the negative monthly production tax net revenue to reduce its own production tax liability for the calendar year under AS 43.55; or

(2) realize the full value of the credit by using or selling a tax credit under AS 43.55 based on the negative monthly production tax net revenue.

(1) the NPSL's direct operating costs under 11 AAC 83.240 for that month; and

(2) the NPSL's royalty payments, as specified in 11 AAC 83.242, for that month.

(d) If the credits to the production revenue account for the NPSL during a month equal or exceed the debits that month to that account, an amount equal to that excess, if any, is credited that month to the development account of that NPSL and the same amount debited to the NPSL's production revenue account so the ending balance in the production revenue account that month is zero. If the debits to the production revenue account for a NPSL during a month exceed the credits that month to that account, an amount equal to that excess is carried forward as a debit to the production revenue account of the NPSL for the following month.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 2/13/2010, Register 193; am 1/9/2014, Register 209

11 AAC 83.212 Development account

(a) The beginning balance in the development account for a NPSL at the time the NPSL is issued by the state is zero. For each month thereafter the beginning balance in the development account for the NPSL equals the ending balance in that account for the previous month.

(b) The NPSL development account for a month is debited by the amount of the NPSL's development costs under 11 AAC 83.219 during that month less

(1) any exploration incentive credits that are applied against oil and gas royalties payable in value, rental payments to the state, or taxes payable under AS 43.55; and

(2) development account credits calculated under 11 AAC 83.220.

(c) If a credit to the NPSL's development account arises under 11 AAC 83.209(c) from the NPSL's production revenue account, that credit is entered in the development account in the same month as the month in which it arises from the production revenue account.

(d) If a month's preliminary ending balance in the NPSL's development account is a debit balance, interest accrues and the amount of that interest is debited that month to the NPSL's development account. A month's preliminary ending balance in the NPSL's development account equals the beginning balance that month in that account together with the debits under (b) of this section and the balance transferred under (c) of this section that are booked to the NPSL's development account for that month. The amount of interest is to be calculated on the basis of the annual rate prescribed by the commissioner in the terms of the sale for the NPSL, using as the principal an amount equal to one half of the absolute value of the sum of the beginning balance and the preliminary ending balance in the NPSL's development account for that month.

(e) Each month the ending balance in the development account for a NPSL equals the preliminary ending balance in that account for the month together with the amount of interest, if any, debited to that account for that month under (d) of this section, provided the ending balance in the NPSL's development account is not a credit balance. If the month's ending balance in the NPSL's development account is a credit balance, then that balance is transferred to the NPSL's net profit payment account for that month so that the ending balance that month in the NPSL's development account is zero.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 2/13/2010, Register 193

11 AAC 83.214 Net profit payment account

The net profit payment account for a NPSL in any month equals the amount, if any, transferred for that month from the NPSL's development account under 11 AAC 83.212(e). Each amount so transferred is a credit in the net profit payment account. If for a month no transfer is made from the NPSL's development account under 11 AAC 83.212(e), the balance in the NPSL's net profit payment account for that month is zero.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.217 Exclusions from accounts

The following costs will be excluded in determining net profit share payments due the state:

(1) lease acquisition costs in the form of a cash bonus;

(2) expense of handling, investigating and settling litigation or claims against the state, discharging liens held by the state, paying judgments and amounts for settlement of claims against the state incurred in or resulting from a net profit share lease operation or necessary to protect or recover the net profit share lease property;

(3) any franchise tax, value added tax or any tax based on or measured by net income imposed upon the lessee;

(4) expenses incurred in the preparation and audit of a net profit share payment to the state;

(5) any expense incurred before the effective date of the NPSL; and

(6) net profit share payments to the state.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 11/19/79, Register 72; am 3/27/82, Register 81

11 AAC 83.219 Development costs

(a) The development costs that are incurred by or for a lessee for a NPSL are a debit to the lessee's NPSL development account.

(b) The lessee's development costs for a NPSL equal direct charges, as defined in 11 AAC 83.243, that are not excluded under 11 AAC 83.217 and that are directly attributable to a NPSL for

(1) geological, geophysical, geotechnical and geochemical examinations and other investigations on or adjacent to the NPSL relating to pre and post drilling operations on the NPSL;

(2) cost of design of construction projects, as defined in the approved "Plan of Operation";

(3) accumulated cost of capital work in progress, on or adjacent to the NPSL or on a contractor's premises;

(4) rentals and other payments directly attributable to the NPSL such as lease rental, licenses or permits, renewal or extension fees, and other similar payments required and made to maintain the interest of the lessee in the NPSL;

(5) drilling costs for wells bottomed on the NPSL;

(6) costs to acquire, construct and/or install facilities and equipment on or in support of the NPSL that directly result in or are necessary for continued or enhanced production from the NPSL;

(7) that portion of the full consideration given by the lessee in acquiring a production interest in the NPSL that is properly attributable to the wells, facilities and equipment on or in support of the NPSL which directly result in or are necessary for continued or enhanced production from the NPSL, as opposed to the consideration given for the lease itself; the lessee transferring the production interest must credit his development account for a like amount;

(8) before the commencement of commercial production, ad valorem tax paid to the state (net of all credits and refunds for municipal ad valorem taxes on the same property) for property used in the drilling described in (5) of this subsection or for property described in (6) of this subsection, that is installed or constructed before the commencement of commercial production and ad valorem and other taxes paid to one or more municipalities that were incurred directly as the result of, and in the course of, the drilling described in (5) of this subsection and/or the acquisition, installation or construction of property described in (6) of this subsection before the commencement of commercial production but excluding any windfall profits, franchise or income taxes.

(c) Costs that are "directly attributable" within the meaning of this section are only those direct charges incurred for activities occurring on or in support of the NPSL premises which are necessary for production or support of production from the lease. For NPSL's included in a unit, "directly attributable" costs are direct charges incurred for activities occurring on or in support of the unit premises and allocated to that lease. Any costs debited as direct operating costs under 11 AAC 83.240 are specifically excluded from "directly attributable" costs.

(d) If the NPSL is subject to an operating agreement in which at least one working-interest owner is a third party to the operator, then a non-operator may include as a development cost for that NPSL the direct charges allowed in (b), (c), and (f) of this section that are incurred by the operator in developing that NPSL, if they are reimbursable to the operator by the non-operator under the terms of that operating agreement.

(e) Repealed 8/15/82.

(f) General overhead and administrative expenses for a month may be included as a direct development cost at the rate of three percent of the development costs as defined in (b)(1), (b)(2), (b)(3), (b)(5), and (b)(6) of this section. If the NPSL is subject to a unit operating agreement in which at least one working interest owner is a third party to the operator, the commissioner will, in his discretion, require use of the overhead rate applicable to development costs specified in the unit operating agreement.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 8/15/82, Register 83

11 AAC 83.220 Development account credits

(a) For purposes of (b) and (c) of this section, a lessee's qualified development costs are development costs as defined in 11 AAC 83.219 less

(1) general overhead and administrative expense;

(2) ad valorem tax;

(3) lease rentals;

(4) capital access fees for use of a production facility in existence before the commencement of commercial production from the NPSL; and

(5) the product of $.30 multiplied by the amount of the lessee's working interest Btu-equivalents of oil and gas produced during the month, including any overriding royalty share of oil and gas but not including the state's royalty share of oil or gas.

(b) A lessee's qualified development costs incurred during a month after March 2006 and before January 2014 generate a credit against the development account in that month. Except as otherwise provided in this subsection, the credit is equal to 20 percent of the qualified development costs. For a month after June 2007 and before January 2014, half of the credit is discounted for one year based on the annualized monthly interest rate for the development account applicable to the month the qualified development costs are incurred. In addition, the commissioner may approve a discount to the credit if the lessee shows by clear and convincing evidence that the lessee cannot either

(1) use the qualified development costs to reduce its own production tax liability for the calendar year under AS 43.55; or

(2) realize the full value of the credit by using or selling a tax credit under AS 43.55 based on the qualified development costs.

(c) In addition to the credit provided under (b) of this section, a lessee's qualified development costs incurred during a month before commercial production commences and after March 2006 generates a credit against the development account in that month. For a month before July 2007, the credit is equal to 20 percent of the qualified development costs. For a month after June 2007 and before January 2014, the credit is equal to 25 percent of the qualified development costs. For a month after December 2013, the credit is equal to 35 percent of the qualified development costs. The commissioner may approve a discount to the credit if the lessee shows by clear and convincing evidence that the lessee cannot either

(1) use the qualified development costs to reduce its own production tax liability for the calendar year under AS 43.55; or

(2) realize the full value of the credit by using or selling a tax credit under AS 43.55 based on the qualified development costs.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 2/13/2010, Register 193; am 1/9/2014, Register 209

11 AAC 83.222 Production revenue

A lessee's production revenue during a month from each NPSL is

(1) the value at the point of production of the lessee's gross share of the oil and gas produced from that lease; however, oil or gas that is used, flared or unavoidably lost in the production operations for the NPSL or that is injected into a reservoir in the course of the operations for the same field for purposes of repressuring or conservation, (if any) may not be included in determining the lessee's production revenue from that NPSL; and

(2) all extraordinary production revenue or loss as defined in 11 AAC 83.231.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.223 Unitization

If all or part of a NPSL is included within a participating area of a unit, a cooperative drilling agreement, or other similar arrangement, such that production (in kind or in value) or expenses are attributed to the NPSL for activities of the unit, any formula or method of allocation governing the attribution of that production or expenses must be approved by the commissioner before it may take effect, unless that formula or other method of allocation is imposed and mandated by the Oil and Gas Conservation Commission under AS 31.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.224 Valuation of oil or gas

(a) Except as provided in (e) of this section, this section applies to all oil and gas produced on a NPSL whether or not the oil or gas is removed from the NPSL.

(b) Except when (c) of this section applies, the gross value at the point of production for all oil and gas is the sales price under 11 AAC 83.226 less the reasonable costs of transportation under 11 AAC 83.228 and 11 AAC 83.229 from the point of production to the sales delivery point. When (c) of this section applies, the gross value at the point of production is the prevailing value as determined under 11 AAC 83.227 less the reasonable costs of transportation under 11 AAC 83.228 and 11 AAC 83.229 from the point of production to the sales delivery point.

(c) Prevailing value must be used if the oil or gas is sold or exchanged under circumstances where the sales price is substantially lower than the prevailing value for oil or gas of like kind, character and quality being sold at sales delivery points in the same market or in a comparable market if there are no sales of significant quantities in the same market; for the purposes of this subsection

(1) "circumstances" refers to instances where terms of a contract set a single price for oil or gas without adjustments tied to market conditions for periods of longer than six years, or where the terms of a contract set prices which do not reasonably reflect market conditions for that field or area prevailing at the time the contract is executed or renegotiated, or where fraud or an intent to evade the net profit share payment is demonstrated; and

(2) the determination of a "substantially lower" price is to be made by analyzing the cash value of consideration received for oil or gas and taking into account any asserted difference between sales price and prevailing value, the quantity of oil or gas involved in the transaction, and the duration of the contract giving rise to the claim.

(d) For valuation purposes, production of oil or gas does not include oil or gas

(1) used, flared, or unavoidably lost in production operations on the NPSL; or

(2) injected into a reservoir in the course of operations in the same field for purposes of repressuring or conservation.

(e) Notwithstanding anything to the contrary in (a) - (d) of this section, where a lessee's gas from a NPSL is run through a gas processing plant and part or all of the residue gas and extracted liquids are returned to that lessee, the "value at the point of production" for that gas is the total value of that residue gas and extracted liquids as they come out of the plant, less

(1) a reasonable allowance (either withheld in kind by the plant operator or paid in cash to the plant operator) for the cost of processing that gas through the plant;

(2) the reasonable cost of transportation, under 11 AAC 83.228 and 11 AAC 83.229, if any, from the point of production for that gas to the intake into the plant; and

(3) the value of any residue gas returned to the lessee that is used, flared or unavoidably lost in the production operations for the lease or property or is injected into a reservoir in the course of operations for the same field.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 3/27/82, Register 81; am 8/15/82, Register 83

11 AAC 83.226 Sales price

(a) Sales price under this chapter for the first bona fide, arm's length sales to a third party is the cash value of the full consideration given in receipt for the lessee's oil or gas sold.

(b) Sales price under this chapter for all transactions other than those set forth in (a) of this section is the greater of

(1) the cash value of the full consideration given in receipt for the lessee's oil or gas used, exchanged, or otherwise transferred to another party; or

(2) the sales price attributable to that transaction entered on a lessee's books in accordance with the generally accepted accounting principles, consistently applied.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.227 Prevailing value

(a) For a lessee's oil, the prevailing value is the arithmetic average acquisition cost CIF (at the refinery inlet in the same market in which the lessee's Alaska oil is refined) based on the sales price of like oil sold in up to three third-party, arm's-length transactions selected by the department, if disclosure of the sales price information is permitted by the parties to those transactions at the time of an audit of the lessee. In this subsection, "like oil" means an oil of substantially similar quality produced in the same general area of the state and subject to the same federal price controls, if any, as the oil for which the prevailing value is to be determined.

(b) If the information under (a) of this section may not be disclosed or is unavailable, then the prevailing value for purposes of this chapter equals the arithmetic average acquisition cost CIF, (at the refinery inlet in the same market in which the lessee's Alaska oil is refined) of up to six oils selected by the department, including

(1) up to three domestic oils of substantially similar quality which are sold in significant quantities in the same market or near the same market; and

(2) up to three imported oils of substantially similar quality which are sold in significant quantities in the same market or near the same market.

(c) The respective acquisition cost CIF at the refinery inlet in a market for each of the oils used in this section equals the sum of

(1) the respective official government sales price or posted price of the oil (with adjustments for differentials and surcharges) appearing in the latest Platt's Oilgram Price Report published on or before the last day of the month of sale; and

(2) the respective tanker transportation cost of the oil from its port of origin to ship's rail in the same market as that in which the lessee's Alaska oil is refined; this cost is calculated by

(A) multiplying the London Tanker Broker's average freight rate assessment ("AFRA") applicable to that voyage during that month for AFRA LR 2 (Long range 2) oil tankers, by the most recently published worldscale rate for that voyage; or

(B) applying another applicable freight rate if foreign flag vessels are prohibited from transporting that oil; and

(3) any canal tolls and expenses not included in the applicable freight rate for that voyage; and

(4) pipeline or other carrying charges.

(d) Prevailing value for gas is

(1) the volume-weighted average of the prices received by the lessee in arm's-length sales transactions which have been entered into or whose pricing provisions have been amended during the calendar year or the two preceding years for significant quantities at the sales delivery points within the same market for that production for Alaska gas of like kind, character and quality produced during the month of sale; or

(2) if the lessee makes no arm's-length sales of significant quantities at the sales delivery points within the same market for Alaska gas of like kind, character and quality produced during the month, the volume-weighted average of the prices being given and received under the terms of arm's-length sales contracts (whether between third parties or not) which have been entered into or whose pricing provisions have been amended during the calendar year or the two preceding years for significant quantities of gas from the same field as the lessee's gas (or if there are no such contracts for that field, the counterparts of those contracts in the nearest field), with appropriate adjustments for differences (if any) in kind, character, and quality between gas sold under the reference sales contracts and the lessee's gas.

(e) For purposes of this section, "same market" means

(1) with respect to a lessee's oil refined in Alaska, the Alaska market;

(2) with respect to a lessee's oil landed on the U.S. West Coast (including Hawaii), the West Coast market or, if appropriate, the submarkets on the West Coast (i.e., Puget Sound, San Francisco Bay, the Long Beach and Los Angeles area, and Hawaii);

(3) with respect to a lessee's oil landed on the U.S. Gulf Coast, the Gulf Coast market;

(4) with respect to a lessee's oil landed on the U.S. East Coast, the East Coast market;

(5) with respect to a lessee's oil landed in Puerto Rico or the U.S. Virgin Islands, the Puerto Rico and Virgin Islands market;

(6) with respect to a lessee's gas marketed in Alaska, the Alaskan market or portion of it served by gas from the same field or area as the lessee's gas;

(7) with respect to a lessee's gas marketed in the continental United States, the continental United States market;

(8) with respect to a lessee's gas marketed in a foreign country, the market in that foreign country.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 3/27/82, Register 81

11 AAC 83.228 Choice of methods for determining reasonable costs of transportation

(a) Except as provided in (b) of this section, the reasonable cost of transportation is the actual cost of transportation as determined in 11 AAC 83.229.

(b) The reasonable cost of transportation is the fair market value as defined in 11 AAC 83.229, when all of the following conditions exist:

(1) the parties to the transportation of oil or gas are affiliated;

(2) the contract for the transportation of oil or gas is not an arm's-length transaction or is not representative of the market value of the transportation; and

(3) the method of transportation of oil or gas is not reasonable in view of existing alternative methods of transportation.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.229 Calculation of reasonable costs of transportation

(a) Reasonable costs of transportation shall be calculated from the point of production to the sales delivery point.

(b) Reasonable costs of transportation under 11 AAC 83.228(a) are actual costs of transportation. The actual costs of transportation are

(1) in the case of transportation of oil or gas by a regulated carrier, the tariff on file with the FERC or other regulatory agency having jurisdiction that is applicable to that transportation of the oil or gas by the carrier, from the point where that oil or gas is tendered into the facilities of the carrier to the point where it is delivered from the facilities of the carrier;

(2) in the case of transportation of oil by a tanker or other vessel that is not owned or effectively owned by the lessee

(A) for a single voyage charter, the reasonable cost for that transportation is, for purposes of this chapter, the charter fee for that vessel, plus any voyage and port costs not included in that fee that are incurred with respect to that transportation during the term of the charter and that are borne by the lessee plus the positioning cost, if any, borne by the lessee for that vessel;

(B) for a consecutive voyage charter or a time charter, the reasonable cost for that transportation is, for purposes of this chapter, the charter fee for that vessel, plus any voyage and port costs not included in that fee that are incurred with respect to that transportation during the term of the charter and that are borne by the lessee, plus the positioning cost (amortized over the lesser of 36 months or the term of the charter in the case of a time charter, and amortized on the basis of the number of voyages in the case of a consecutive voyage charter), if any, borne by the lessee for that vessel;

(C) for a contract of affreightment, the reasonable cost for that transportation is, for purposes of this chapter, the affreightment fee specified in that contract, plus any voyage and port costs and any positioning costs not included in that fee that are incurred with respect to that transportation during the term of the contract of affreightment and that are borne by the lessee.

(c) In the case of transportation of oil by a tanker or other vessel that is owned or effectively owned by the lessee, the department will, in its discretion, authorize the lessee to use the fair market value of like transportation as the reasonable cost for the transportation in question. The department, and not the lessee, will determine the fair market value of like transportation, on the basis of third-party time charters (that is, time charters in which the lessee does not own or effectively own the vessel) of one year or more that are reported to the department for like vessels; and when it makes its determination, the department will notify the lessee. Two vessels will be considered like vessels for purposes of this chapter if the difference between them in deadweight tonnage is less than 10,000 deadweight tons and if they are both Jones Act vessels, or are both CDS vessels, or are both ODS vessels, or are both CDS/ODS vessels. If the department does not authorize the lessee to use fair market value of like transportation (as described in this subsection) as the reasonable cost for the transportation in question, then the reasonable cost for that transportation is, for purposes of this chapter, the lessee's actual cost for that transportation. This actual cost equals the sum of

(1) the voyage and port costs incurred with respect to that transportation;

(2) the positioning cost, amortized over 36 months, for that vessel, but only for placing that vessel into position before its employment in the Alaska trade and not for placing it into position after its employment in the Alaska trade for employment in another trade;

(3) depreciation of the vessel; if the vessel is actually owned by the lessee, depreciation must be calculated in accordance with the applicable FASB Financial Accounting Standards for such owned assets; if the vessel is effectively owned by the lessee, depreciation must be calculated in accordance with FASB-13 from the standpoint of a lessee under a capital lease; and

(4) an amount which, when taken together with depreciation under (3) of this subsection, will provide a reasonable return on the acquisition cost of the vessel over its expected life; for purposes of this paragraph

(A) "acquisition cost" means the cost of the vessel which may be capitalized by its actual owner under generally accepted accounting principles, but not including costs of improvements made after the date the vessel is placed in service by or on behalf of the lessee, and

(B) "expected life" means the period of the time used to calculate depreciation under (3) of this subsection.

(d) In the case of transportation of gas as LNG where not all of the LNG transportation facilities are subject to tariff regulation (by FERC or another agency of the United States, a state, territory or possession of the United States or a foreign nation)

(1) when the lessee does not have or effectively have an ownership interest in the LNG transportation facility, the reasonable cost of transportation for that LNG transportation facility is, for purposes of this chapter, the amount charged to the lessee for that LNG transportation; or

(2) when the lessee has or effectively has an ownership interest in the LNG transportation facility, the department will, in its discretion, authorize the lessee to use the fair market value of like transportation as the reasonable cost for the transportation in question; the department, and not the lessee, will determine the fair market value of like transportation, on the basis of third-party charters or leases (that is, charters or leases in which the lessee does not own or effectively own the LNG transportation facility in question) of three years or more that are reported to the department for like LNG transportation facilities; and if it makes such a determination, the department will notify the lessee of its determination; if the department does not authorize or require the lessee to use fair market value of like transportation (as described in this paragraph) as the reasonable cost for the transportation in question, then the reasonable cost for that transportation is, for purposes of this chapter, the lessee's actual cost for that transportation; this actual cost equals the sum of

(A) the direct operating costs of the LNG transportation facility (in the case of an LNG tanker, its respective voyage and port costs) incurred with respect to the lessee's gas;

(B) depreciation of the LNG transportation facility (if the facility is actually owned by the lessee, depreciation must be calculated in accordance with the applicable FASB Financial Accounting Standards for the owner of such assets; if the LNG transportation facility is effectively owned by the lessee, depreciation must be calculated in accordance with FASB-13 from the standpoint of a lessee under a capital lease); and

(C) an amount that, when taken together with depreciation under (B) of this paragraph, will provide a reasonable return on the acquisition cost of the LNG transportation facility over its expected life; for the purposes of this subparagraph

(i) "acquisition cost" means the cost of the LNG transportation facility which may be capitalized by its actual owner under generally accepted accounting principles, and

(ii) "expected life" means the period of time used to calculate depreciation under (B) of this paragraph.

(e) Reasonable cost of transportation under sec. 228(b) of this chapter is fair market value. Fair market value of transportation is to be determined

(1) for shipments of oil, on the basis of third party charters (that is, time charters in which the lessee does not own or effectively own the vessel) of one year or more, plus regulated transportation costs determined under (a) of this section; two vessels will be considered like vessels for purposes of comparing like transportation under this chapter if the difference between them in deadweight tonnage is less than 10,000 deadweight tons and if they are both Jones Act vessels, or are both CDS vessels, or are both ODS vessels or are both CDS/ODS vessels; or

(2) for shipments of gas as LNG, on the basis of third party charters or leases (that is, charters or leases in which the lessee does not own or effectively own the LNG transportation facility in question) of three years or more which are reported to the department for like LNG transportation facilities, plus regulated transportation costs determined under (b)(1) of this section.

(f) If a lessee sells its oil or gas to a third party in what would otherwise be a bona fide, arm's-length sale but at the time of this particular sale the lessee expects to repurchase that oil or gas at a subsequent time and place, then that sale to the third party and the repurchase from the third party, when it occurs, must be disregarded and the oil or gas subject to that sale must be regarded as if it had remained the lessee's own oil or gas throughout the time between that sale and repurchase. In determining the value at the point of production in such a case, the reasonable cost of transportation between the point of sale for that sale and the point of repurchase must be determined as if the lessee were the shipper. This subsection does not apply if the lessee's expected repurchase does not in fact occur.

(g) For the purposes of this chapter, "voyage and port costs" for a vessel are

(1) costs actually incurred for fuel for the vessel while in port and at sea, stores and provisions for the vessel and for her captain and crew, wages, and benefits of the vessel's captain and crew, routine maintenance, port and dock fees, storage costs, demurrage, tug and pilotage fees, marine agents' fees in port, lightering, transshipment charges, customs fees and duties, regular and customary gratuities that are also legal, insurance premiums actually paid to third party insurers, minor cargo losses or measuring differentials, loading and unloading inspection fees, Panama Canal transit fees, a reasonable management fee (to be prorated equally among vessels) for coordinating arrivals and departures into and out of ports for vessels owned, effectively owned or chartered by the shipper and other reasonable costs associated with the operation or maintenance (or both) of the vessel; and

(2) in addition to the costs listed in (1) of this subsection, in the case of catastrophic loss or damage of a vessel transporting oil or LNG from Alaska or en route to Alaska to take on oil or LNG, a portion of the loss (for loss or damage of the ship, for injury or loss of her captain or crew and for damage and cleanup due to spillage of part or all of her cargo, but not for the loss of the cargo itself) that is borne by the lessee as the result of that catastrophic loss or damage and that is not reimbursed by insurance or by a third party but excluding any civil and criminal penalties and civil punitive damages which may be assessed as a result of this loss or damage; a lessee's portion of the loss is determined by dividing the unreimbursed liability on the basis of deadweight tonnage among the vessels owned, effectively owned or chartered by the lessee to transport oil or LNG (whichever was lost) from Alaska.

(h) A lessee "effectively owns," "has effective ownership of" or "effectively has an ownership interest in" a vessel or LNG transportation facility for purposes of this section if

(1) the vessel or LNG transportation facility is owned by another person comprising part of a consolidated business in which the lessee is also a part;

(2) the vessel or LNG transportation facility is the subject of a capital lease on which the lessee or another person comprising part of a consolidated business in which the lessee is also a part, is the lessee under that capital lease;

(3) the vessel or LNG transportation facility was built to the account of the lessee (or another person comprising part of the consolidated business in which the lessee is also a part), was sold and was chartered back by the lessee (or another person comprising part of the consolidated business in which the lessee is also a part) all in a simultaneous transaction and the vessel or LNG transportation facility is on a term charter or lease to the lessee (or another person comprising part of the consolidated business in which the lessee is also a part) for a period of 15 years or longer.

(i) For purposes of this chapter, the "positioning cost" for a vessel includes the costs not included in the charter for that vessel that are borne by the lessee for placing that vessel into position before the first voyage under that charter or the estimated costs to be borne by the lessee for delivering it up at a specified location after the last voyage under that charter, or both if the lessee is obligated under the terms of the charter or contract of affreightment to bear them both.

(j) A reasonable return under (c)(4) or (d)(2)(C) of this section is presumed to be that internal rate of return (after federal income tax) on the amount which yields an investment that equals two percent plus the average annual national inflation rate (measured by the GNP deflator) during

(1) the period between the time the commitment is made to construct or acquire the vessel or LNG transportation facility and the time when the vessel or LNG transportation facility has been received (or delivered) and is ready to be placed into service, or

(2) if the period in (1) of the subsection falls entirely within a calendar year, that entire calendar year.

(k) At the request of the lessee, the department will in its discretion, or, on its own motion, the department will replace the presumed return under (j) of this section with one based on the rate of return imputed to that investment or similar ones by the person owning or effectively owning the vessel or LNG transportation facility.

(l) The third-party nature of an agreement between a shipper and a third-party carrier regarding transportation costs is not affected during the term of that agreement by a subsequent consolidation of that lessee and carrier into a consolidated business, if, at the time they entered that agreement, neither the lessee nor the carrier exercised, directly or indirectly, any control over the business affairs of the other in anticipation of their subsequent consolidation into the same consolidated business.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.231 Extraordinary production revenue or loss

(a) A lessee's extraordinary production revenue or loss for a lease under (b) or (c) of this section is fully recognized for purposes of this chapter in the month in which it is realized. Multiple realizations of extraordinary production revenue or loss by a lessee during a single month are cumulative, with revenues added to revenues and losses to losses, and with revenues and losses offset against each other.

(b) A retroactive decrease or increase in the tariff or fee allowed to be charged by a regulated carrier for transporting a lessee's oil and gas produced from the lease results in extraordinary production revenue or loss, respectively, for that NPSL, which is realized for purposes of this chapter at the time the retroactive change takes effect.

(c) A retroactive increase or decrease in the sales price in a bona fide, arm's-length sale of a lessee's oil and gas produced from the lease results in extraordinary production revenue or loss, respectively, for that lessee, which is realized for purposes of this chapter at the time the retroactive change takes effect.

(d) The amount of a lessee's extraordinary production revenue or loss under (b) or (c) of this section for the NPSL is the amount of the increase or decrease, respectively, in the value at the point of production for the lessee's oil and gas from that lease to which the retroactive tariff change or change in sales price applies, offset by any corresponding increase or decrease in costs or expenses under 11 AAC 83.219 - 11 AAC 83.242 that change as the result of changing the value at the point of production for that oil and gas.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 1/9/2014, Register 209

11 AAC 83.232 Development account and production revenue account - In general

(a) Unless otherwise specified, a lessee's costs under this chapter are regarded as being incurred on an accrual basis.

(b) When a lessee incurs costs under this chapter and part or all of those costs are reimbursable to the lessee from one or more third parties, only the unreimbursed portion of those costs of the lessee may be used in calculating that debit.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.235 Redetermination of volume allocations

A retroactive redetermination of the quantity of oil or gas previously allocated to a NPSL or to a NPSL lessee's working interest ownership, including a retroactive redetermination of royalty or overriding royalty volumes, is not an extraordinary production revenue or loss under 11 AAC 83.231. When the quantity of oil or gas previously allocated to a NPSL or to a NPSL lessee's working interest ownership is retroactively redetermined due to a retroactive change approved by the commissioner in volumetric tract production allocation factors or due to the correction of a volumetric error, all revenues, costs, and expenses previously determined by volumetric tract production allocation factors, including interest on the development account, must be retroactively restated for the development account, the production revenue account, and the net profit payment account in accordance with that quantity redetermination. Expenditures previously allocated to a NPSL on a reasonable basis other than volumetric tract production factors are not required to be restated retroactively.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 1/9/2014, Register 209

11 AAC 83.240 Direct operating costs

(a) The direct operating costs during a month that are incurred by or for a lessee for the NPSL are a debit to the production revenue account.

(b) After commencement of commercial production from the NPSL, the direct operating costs for that NPSL are

(1) the direct charges under 11 AAC 83.243 that are not excluded under 11 AAC 83.217, that have not been charged as a development cost under 11 AAC 83.219, and that are incurred for the operation of the wells and equipment on or in support of the NPSL which directly result in or are necessary for continued production from the NPSL;

(2) general overhead and administrative expenses in the manner and amount provided in (d) of this section;

(3) abandonment costs in the manner and amount provided in (e) of this section;

(4) the amount of

(A) liability for taxes imposed on the value of production or on sales from the NPSL that are incurred by, or on behalf of, a lessee for a month before April 2006;

(B) the production tax lease allowance calculated for the NPSL under 11 AAC 83.241 for a month after March 2006;

(5) the amount of tax paid during a month to the state (net of credits or refunds made that month for municipal ad valorem taxes on the same properties) and the total amount paid that month for municipal ad valorem taxes which are based on the value of a lessee's properties used directly in the production, gathering, treatment, or preparation for pipeline shipment of oil and gas from a NPSL that is in commercial production before those payments to the state or any municipality are made.

(c) If the NPSL is subject to an operating agreement in which at least one working-interest owner is a third party to the operator, then a non-operator may include as a direct operating cost for that NPSL the direct charges allowed in (b) of this section that are incurred by the operator in operating that NPSL if they are reimbursable to the operator by the non-operator under the terms of that operating agreement.

(d) General overhead and administrative expenses for a month may be included as a direct operating cost at the rate of nine percent of the allowable direct operating costs defined in (b)(1) of this section. If the NPSL is subject to a unit operating agreement in which at least one working-interest owner is a third party to the operator, the commissioner will, in his or her discretion, require use of the overhead rate applicable to direct operating costs specified in the unit operating agreement.

(e) Following commencement of commercial production, abandonment costs of wells and facilities on or in support of the NPSL may be included as a direct operating cost, and, if included, must be amortized on a unit-of-production basis. The initial amount amortized per Btu equivalent equals the estimated real cost (i.e., without regard to inflation) as of the commencement of commercial production for abandonment of the wells and facilities on or in support of the NPSL, divided by the number of Btu equivalents represented by the proved reserves of the NPSL as of that time. The amount amortized per Btu equivalent may be redetermined, not more often than once every two years at the commencement of the operator's fiscal year, by dividing the number of Btu equivalents represented by the proved reserves of the NPSL as of the time of redetermination into the difference between the then-estimated real cost for abandonment of the wells and facilities on or in support of the NPSL and the cumulative amortization already allowed as of that time for the NPSL. If, upon abandonment of all wells and facilities on or in support of the NPSL, the actual abandonment costs, less salvage value (if any) are less than the total amount amortized for abandonment on or in support of that NPSL, the excess amortization must be included as extraordinary production revenue under 11 AAC 83.231 for the purposes of determining a lessee's net profit share payment due the state. If, upon abandonment of all wells and facilities on or in support of the NPSL, the actual abandonment costs, less salvage value (if any), are greater than the total amount amortized for abandonment on or in support of that NPSL, the difference may be included as extraordinary production loss for the purpose of determining a lessee's net profit share payment due the state.

(f) For purposes of this section

(1) a "development cost" is the cost of

(A) the acquisition of equipment, other than a well, and the extension, alteration or expansion of that equipment, or the replacement of it, where the intended purpose of the replacement includes extension, alteration or expansion; included are all costs and related indirect costs, associated with the design, procurement, construction, transportation, installation and commissioning of such equipment; and

(B) the drilling and completion of a well and the initial installation of artificial-lift equipment and the extension, alteration or expansion of a well or the replacement of equipment in it where the intended purpose of the extension, alteration, expansion or replacement is to increase the capacity or improve the operating characteristics of the well over a level that could be realized if the equipment in the well prior to replacement were in new condition; included are all costs, both tangible and intangible, and related indirect costs associated with them including the design, procurement and transportation of the equipment in the well;

(2) A "direct operating cost" is a cost incurred for normal ongoing operating and maintenance activities that cannot be defined as a development cost.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 3/27/82, Register 81; am 8/15/82, Register 83; am 2/13/2010, Register 193

11 AAC 83.241 Production tax lease allowance

(a) The production tax lease allowance for purposes of 11 AAC 83.240(b) is the greater of zero or the amount calculated by subtracting the tax credits, if any, under (b) of this section from the production tax before credits. The production tax before credits is the greater of the following two amounts:

(1) the sum of either (A) or (B) of this paragraph, depending on the month of production, and (C) of this paragraph,

(A) For a month before September 2017, the monthly production tax net revenue under (c) of this section multiplied by the net profit deductibility factor under (e) of this section multiplied by

(i) 22.5 percent, for a month before July 2007;

(ii) 25 percent, for a month after June 2007 and before January 2014; or

(iii) 35 percent, for a month after December 2013; and before September 2017 or

(B) For a month after August 2017, 35 percent multiplied by the amount resulting from subtracting (ii) from (i) of this subparagraph:

(i) the net profit deductibility factor under (e) of this section multiplied by the amount resulting from subtracting the royalty payments under 11 AAC 83.242 and the amounts calculated under paragraphs (1) and (2) under (c) of this section from the production revenue under 11 AAC 83.222;

(ii) for oil and gas that meet one or more criteria in AS 43.55.160(f) and that have not expired as to that oil and gas under AS 43.55.160(f), 0.2 multiplied by the lessee's production revenue under 11 AAC 83.222 generated from that oil and gas net of the corresponding royalty payments under 11 AAC 83.242 multiplied by the net credit augmentation rate under (f)(1) of this section; and

(2) the product of

(A) the percentage rate that would be applicable under AS 43.55.011(f)(1) or (f)(2) if the phrase "calendar year" were replaced by the phrase "month of production," based on the average spot price during the month as calculated under 15 AAC 55.171(m) for ANS; and

(B) the production revenue under 11 AAC 83.222 less the royalty owed to the state under 11 AAC 83.242.

(b) The tax credits for purposes of (a) of this section are

(1) for a month before September 2017, the product of (A) and (B) of this paragraph. For a month after August 2017, the minimum of the production tax before credits under (a) of this section and the amount resulting from the product of (A) and (C) of this paragraph.

(A) the fraction obtained by dividing the amount of oil and gas in Btu-equivalents produced by the lessee from the NPSL during the month and taxable under AS 43.55.011(e), by the amount of Btu-equivalents of oil and gas produced by the lessee statewide during the month and taxable under AS 43.55.011(e);

(B) 1/12 of the maximum amount of the tax credit for the calendar year calculated under AS 43.55.024(c)(1) or (2), as applicable, but substituting in that calculation the lessee's average amount of oil and gas in Btu-equivalents, as defined in 11 AAC 83.295, produced a day statewide during the month and taxable under AS 43.55.011(e), for the lessee's average amount of oil and gas in BTU equivalent barrels, as defined in AS 43.55.900, produced a day statewide during the calendar year and taxable under AS 43.55.011(e);

(C) the product of the net credit augmentation rate under (f)(2) of this section and 1/12 of the maximum amount of the tax credit for the calendar year calculated under AS 43.55.024(c)(1) or (2), as applicable, but substituting in that calculation the lessee's average amount of oil and gas in Btu-equivalents, as defined in 11 AAC 83.295, produced a day statewide during the month and taxable under AS 43.55.011(e), for the lessee's average amount of oil and gas in BTU equivalent barrels, as defined in AS 43.55.900, produced a day statewide during the calendar year and taxable under AS 43.55.011(e);

(2) for a month after December 2013 and before January 2017, the amount resulting from the calculations under subparagraph (A) of this paragraph. For a month after December 2016 and before September 2017, the amount resulting from the calculations under subparagraph (B) of this paragraph. For a month after August 2017, the minimum of the amounts resulting from the calculations under subparagraphs (C) and D) of this paragraph.

(A) the product of $5 and the number of barrels, if any, of oil, other than state royalty oil, that is produced from the NPSL during the month and that meets one or more of the criteria in AS 43.55.160(f);

(B) the product of $5 and the number of barrels, if any, of oil, other than state royalty oil, that is produced from NPSL during the month and that meets one or more of the criteria in AS 43.55.160(f) and that have not expired as to that oil and gas under AS 43.55.160(f);

(C) the production tax before credits under (a) of this section less the amount resulting from paragraph (1) of this subsection;

(D) the product of the net credit augmentation rate under (f)(2) of this section, $5, and the number of barrels, if any, of oil, other than the state royalty oil, that is produced from the NPSL during the month that meets one or more criteria in AS 43.55.160(f) and that have not expired as to that oil and gas under AS 43.55.160(f).

(3) for a month after December 2013 and before September 2017, the smaller of the amounts calculated under (A) and (C) of this paragraph. For a month after August 2017, the smaller of the amounts calculated under (B) and (C) of this paragraph.

(A) the product of the number of barrels, if any, of oil, other than state royalty oil, that is produced from the NPSL during the month and that does not meet any of the criteria in AS 43.55.160(f) and the dollar per barrel amount that would be applicable under AS 43.55.024(j)(1) - (9), if the phrase "average gross value at the point of production" were replaced by the phrase "NPSL production revenue under 11 AAC 83.222 attributable to oil other than state royalty oil, divided by the number of barrels of oil, other than state royalty oil, produced from the NPSL";

(B) the product of the net credit augmentation rate under (f)(2) of this section, the number of barrels, if any, of oil, other than state royalty oil, produced from the NPSL during the month that does not meet any of the criteria in AS 43.55.160(f) and the dollar per barrel amount that would be applicable under AS 43.55.024(i)(1) - (9), if the phrase "average gross value at the point of production" were replaced by the phrase "NPSL production revenue under 11 AAC 83.222 attributable to oil other than state royalty oil, divided by the number of barrels of oil, other than state royalty oil, produced from the NPSL"; and

A minus B minus C, where

"A" equals the greater of the amounts calculated under (a)(1) and (2) of this section;

"B" equals the total amount of tax credits under (1) and (2) of this subsection; and

"C" equals the amount calculated under (a)(2) of this section.

(c) For purposes of 11 AAC 83.209(b) and (a) of this section, the monthly production tax net revenue equals the lessee's production revenue under 11 AAC 83.222 net of the lessee's royalty payments under 11 AAC 83.242, except that for a month after December 2013, the lessee's production revenue under 11 AAC 83.222 net of the lessee's royalty payments under 11 AAC 83.242 is only for purposes of (a) of this section multiplied by 0.8 for oil and gas that meet one or more of the criteria in AS 43.55.160(f) and that have not expired as to that oil and gas under AS 43.55.160(f) less the following amounts:

(1) the lessee's direct operating costs during the month under 11 AAC 83.240, excluding the production tax lease allowance under (a) of this section and abandonment costs allowed under 11 AAC 83.240(e); however, if the NPSL is within a unit subject to AS 43.55.165(j), for purposes of the calculation under this paragraph the lessee's direct operating costs during the month are replaced by one-ninth of the lessee's direct operating costs during the period April 1, 2006, through December 31, 2006, multiplied by the following factor:

(A) 1.03 for a month in 2007;

(B) 1.061 for a month in 2008;

(2) the lessee's development costs under 11 AAC 83.219 incurred during the month less the product of $.30 multiplied by the amount of the lessee's working interest Btu-equivalents of oil and gas produced from the NPSL during the month, including any overriding royalty share of oil and gas but not including the state's royalty share of oil or gas.

(d) The lease-allocated tax based on price index for purposes of (b) of this section equals, for a month

(1) before July 2007, the amount of tax calculated under AS 43.55.011(g) and (h), as those provisions read on June 30, 2007, but substituting in that calculation, on a per Btu-equivalent basis as applicable, as "Btu-equivalent" is defined in 11 AAC 83.295, the monthly production tax net revenue under (c) of this section, for the monthly production tax value of the taxable oil and gas as calculated under AS 43.55.160, on a per BTU equivalent barrel basis as applicable, as "BTU equivalent barrel" is defined in AS 43.55.900;

(2) after June 2007 and before January 2014, the amount of tax calculated under AS 43.55.011(g), as repealed and reenacted by sec. 17, ch. 1, SSSLA 2007, but substituting in that calculation

(A) the monthly production tax net revenue under (c) of this section, for the monthly production tax value of taxable oil and gas as calculated under AS 43.55.160;

(B) the lessee's Btu-equivalents, as defined in 11 AAC 83.295, of oil and gas produced from the NPSL divided by the net profit deductibility factor for the month under (e) of this section, for the BTU equivalent barrels, as defined in AS 43.55.900, of taxable oil and gas;

(3) after December 2013, zero.

(e) For purposes of (a) and (d) of this section, the net profit deductibility factor

(1) equals one for a month

(A) before July 2007;

(B) after June 2007, if the development account beginning debit balance less the monthly production tax net revenue under (c) of this section, if any, is positive or zero;

(2) otherwise is calculated according to the following formula:

Before January 2014

NPDF = (1 - NPR) / (1 - (.25 * NPR)),

After December 2013

NPDF = (1 - NPR) / (1 - (.35 * NPR)), where

"NPDF" equals the net profit deductibility factor; and

"NPR" equals the net profit share defined in the lease expressed as a fixed percentage of the net profit payment account.

(f) For the purposes of

(1) subsection (a) of this section, the net credit augmentation rate is equal to 1 for a month if (A) the development account beginning debit balance less the monthly production tax net revenue under (c) of this section, if any, is positive; or (B) if the month of production is before September 2017; otherwise the net credit augmentation rate is calculated according to the following formula:

NCAR = 1 / (1 - (.35 * NPR)), where

"NCAR" equals the net credit augmentation rate; and

"NPR" equals the net profit share defined in the lease expressed as a fixed percentage of the net profit payment account.

(2) subsection (b) of this section, the net credit augmentation rate is equal to 1 for a month if (A) the development account beginning debit balance less the monthly production tax net revenue under (c) of this section, if any, is positive; or (B) if the month of production is before September 2017; or (C) the production tax before credits under (a) of this section is no greater than the amount resulting from (a)(2), otherwise the net credit augmentation rate is calculated according to the following formula: NCAR = 1 / (1 - (.35 * NPR)).

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 2/13/2010, Register 193; am 1/9/2014, Register 209; am 8/10/2017, Register 223

11 AAC 83.242 Royalty

(a) The amount of royalty in value to the state, if any, for each NPSL that is accrued during a month by or for a lessee, including a shut-in or minimum royalty, is a debit to the lessee's production revenue account.

(b) The value at the point of production (determined on the basis of the value at the point of production for the lessee's production interest at the time the royalty is delivered) of royalty to the state for a NPSL that is delivered in kind by or for a lessee during a month is a debit to the lessee's production revenue account.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.243 Direct charges

For the purposes of this chapter, direct charges are

(1) lease rentals paid by lessee to the state for the operations of the NPSL, but excluding net profit share payments to the state;

(2) labor, which includes (A) salaries and wages of lessee's employees including supervisors and technical employees such as geologists, geophysicists, engineers, and drilling and construction supervisors directly employed on, or in transit to or from, the NPSL in lease operations, including earned or compensatory time off; and (B) salaries and wages of technical employees including engineers, technologists, draftsmen, engineering clerks, landmen, and other personnel performing technical services within the technical organizations who are either temporarily or permanently assigned to, and directly employed in NPSL operations; charges for these technical personnel must be limited to that portion of the salaries and wages attributable to the time actually devoted to the NPSL operations; these charges may be made on a per diem basis as approved by the parties;

(3) lessee's cost of holiday, vacation, sickness, and disability benefits and other customary allowances paid to the employees whose salaries and wages are chargeable to the appropriate NPSL account under (2) of this section; costs under this paragraph may be charged on a "when and as-paid basis" or by "percentage assessment" on the amount of salaries and wages chargeable to the appropriate NPSL account under this paragraph; if percentage assessment is used, the rate must be based on the lessee's cost experience;

(4) expenditures or contributions made under assessments imposed by governmental authority which are applicable to the lessee's labor cost of salaries and wages chargeable to the appropriate NPSL account under (2) and (3) of this section;

(5) reasonable personal expenses of those employees whose salaries and wages are chargeable to the appropriate NPSL account under (2) and (3) of this section and for which expenses the employees are reimbursed under lessee's usual practice;

(6) the lessee's current costs for established plans for employee group life insurance, hospitalization, pension, retirement, stock purchase, thrift, bonus, and other similar benefit plans, applicable to the lessee's labor costs chargeable to the NPSL account under (2) and (3) of this section, provided that these costs do not exceed the percent most recently recommended by the Council of Petroleum Accountants Societies of North America;

(7) material purchased or furnished by lessee for use on the NPSL as provided under 11 AAC 83.244 so far as it is reasonably practical and consistent with efficient and economical operation; however, only such material as may be required for immediate use may be purchased for or transferred to the NPSL, and the accumulation of surplus stocks must be avoided;

(8) transportation of employees and material necessary for operations on the NPSL with the following limitations:

(A) if material is moved to the NPSL from the lessee's warehouse or other properties, no charge may be made to the appropriate NPSL account for a distance greater than the distance from the nearest reliable supply store, recognized barge terminal, railway or air cargo receiving point where like material is normally available, unless that charge is provided for by 11 AAC 83.244(3);

(B) if surplus material is moved to lessee's warehouse or other storage point, no charge may be made to the appropriate NPSL account for a distance greater than the distance to the nearest reliable supply store, recognized barge terminal, railway or air cargo receiving point; no charge may be made to the appropriate NPSL account for moving material to other properties belonging to lessee;

(C) however, under (A) and (B) of this paragraph there may be no equalization of actual gross trucking cost of $400 or less, excluding accessorial charges;

(9) the lessee's cost of contract services, equipment and utilities provided by outside sources, except the cost and expense of services provided by outside sources in connection with matters of taxation, traffic, accounting, or matters before or involving governmental agencies and those services excluded by (12) of this section; the cost of professional consultant services or contract services of technical personnel not directly engaged on the NPSL must be limited to that portion of the cost attributable to the time actually devoted to the NPSL;

(10) the lessee's cost of using lessee-owned equipment and facilities, including shore base and offshore facilities, based on rates commensurate with costs of ownership and operation; those rates may include labor, maintenance, repairs, other operating expenses, insurance, taxes, depreciation, and interest on depreciated investment not to exceed a percentage to be determined by the commissioner; in addition, the rate may include an element for the estimated cost of abandonment, reclamation, and restoration; these rates may not exceed average commercial rates currently prevailing in the immediate area of the NPSL; in place of charges in this paragraph, the lessee may elect to use average commercial rates prevailing in the immediate area of the NPSL less 20 percent; for automotive equipment, the lessee may elect to use rates published by the Petroleum Motor Transport Association;

(11) all costs or expenses necessary to repair or replace property due to damage or loss caused by fire, flood, storm, theft, accident, or other causes, less reimbursements and contributions made to a reserve account by a self-insurer, except those costs resulting from the lessee's gross negligence or willful misconduct; however, the lessee shall furnish the lessor written notice of damage or loss as soon as practicable after the lessee receives a report of them;

(12) expense of handling, investigating, and settling litigation or claims, discharging liens, paying judgments, and settling of claims incurred in or resulting from operations or necessary to protect or recover property, less any reimbursements and contributions made to a reserve account by a self-insurer; except that no charge for services of the lessee's legal staff or fees or expense of outside attorneys may be made;

(13) net premiums paid for insurance required to be carried for the operations for the protection of the parties; if operations are conducted at offshore locations in which lessee may act as self-insurer for workmen's compensation and employers' liability, lessee may include the risk under its self-insurance program in providing coverage under state and federal laws and charge the appropriate NPSL account at lessee's cost not to exceed manual rates;

(14) costs of acquiring, leasing, installing, operating, repairing, and maintaining communication systems including radio and microwave facilities between the NPSL and the lessee's nearest base facility; if communication facilities/systems serving the NPSL are lessee-owned, charges to the appropriate NPSL account must be made as provided in (10) of this section;

(15) costs incurred on the NPSL for archaeological and geophysical surveys relative to identification and protection of cultural resources and/or other environmental or ecological surveys as may be required by applicable laws and regulations plus costs to provide or have available pollution containment and removal equipment plus costs of actual control and cleanup and resulting responsibilities of oil spills as required by applicable laws and regulations, but excluding any civil and criminal penalties and civil punitive damages which may be assessed as a result of this loss or damage and excluding any costs under 11 AAC 83.229(g)(2);

(16) all proper costs and expenditures relative to the NPSL operations incurred under a contract other than the NPSL;

(17) costs of environmental impact statements and cleanup contingency plans;

(18) costs of preliminary platforms, feasibility, and design studies, or similar marine projects, incurred in compliance with applicable laws and regulations;

(19) contributions or advances to others if based on the lessee's working-interest participation;

(20) standby costs incurred while working-interest operations are deferred, suspended or curtailed by reason of force majeure;

(21) cost of compliance with applicable laws and regulations directly related to the lessee's working-interest participation in effect at the date of agreement or later enacted or adopted;

(22) dry or bottom hole contributions for information relative to the exploration or development of the working-interest participation;

(23) costs of permits and licenses for the operation of the area;

(24) costs of required well work commitment;

(25) costs of purchased substances, less cost recoveries, used as injection for repressuring, pressure maintenance, cycling or other secondary or tertiary recovery purposes;

(26) adjustments paid or received for investment costs and expenses resulting from changing participations, unitization, or equity adjustments in the operating area according to the applicable operating agreements;

(27) charges for cleaning, dehydration, desulphurization, etc., for making the production of the royalty, overriding royalty and other non-operating interest share of production marketable, offset by reimbursements (if any) from the royalty owner;

(28) charges for losses for lease fuel, vapor losses, drilling, etc., which are borne by working-interest participation according to applicable laws and regulations.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 6/28/81, Register 78; am 3/27/82, Register 81; am 8/15/82, Register 83; am 4/14/84, Register 90

11 AAC 83.244 Pricing of materials and supplies

Material purchases, transfers and dispositions by a lessee for use on a NPSL must be priced according to the following standards:

(1) Material purchased must be charged at the price paid by lessee after deduction of all discounts received. In case of material found to be defective or returned to a vendor for any other reason, credit must be passed to the appropriate account when adjustment has been received by the lessee.

(2) Material transferred within the NPSL operations and material transferred from the NPSL operations or disposed of by the lessee must be priced at average warehouse stock prices. Transfers will be priced at current-condition value using average warehouse stock prices if they are available and reasonably representative of current market price. If they are not available or are not reasonably representative of current market price, the following applies. Material transferred must be priced at current-condition value replacement cost effective at date of transfer as specified in paragraph (3) of this section which must include material invoice cost, labor supplies, transportation, and material handling charges associated with getting material FOB to the NPSL property.

(3) Material required for operation must be purchased for direct charge to the NPSL account whenever practical. However, under circumstances where it is most practical for lessee to furnish materials from lessee's storehouse or other properties located in Canada, Alaska, or the continental United States, those material movements are subject to the following:

(A) New material is classified as Condition "A" and must be priced as follows:

(i) Tubular goods, except line pipe involving movements for less than 30,000 pounds, must be priced at the current price in effect on date of movement on a maximum carload or barge load weight basis, regardless of quantity transferred, equalized to the lowest published price FOB railway receiving point, recognized barge terminal, or air cargo receiving point nearest the NPSL where that material is normally available.

(ii) Line pipe involving movement of less than 30,000 pounds must be priced at the current price in effect at date of movement, as listed by a reliable supply store nearest the NPSL where such material is normally available. Movement of 30,000 pounds or more must be priced under provisions of tubular goods pricing in (i) of this subparagraph.

(iii) Other material must be priced at the current new price in effect at the date of movement, listed by a reliable supply store or FOB railway or air cargo receiving point nearest the NPSL where that material is normally available.

(iv) The NPSL account will not be credited with cash discounts applicable to prices provided for in paragraph (3) of this section.

(B) Used material is classified as either Condition "B" or "C" and must be priced as follows:

(i) Material in sound and serviceable condition and suitable for reuse without reconditioning moved to the NPSL, must be classified as Condition "B" and priced at 75 percent of the current price of new material.

(ii) Material in sound and serviceable condition and suitable for reuse without reconditioning moved from the NPSL must be classified as Condition "B" and priced at 75 percent of current new price if material was originally charged to NPSL account as new material, or at 65 percent of current new price if material was originally charged to the NPSL account as used material at 75 percent of current new price.

(iii) Material which is not in sound and serviceable condition and not suitable for its original function until after reconditioning must be either classified as Condition "B" and priced at 75 percent of the current price of new material when the cost of reconditioning is to be absorbed by the transferor or classified as Condition "C" and priced at 50 percent of current price of new material when the cost of reconditioning is to be charged to the transferee, provided Condition "C" value, plus cost of reconditioning, does not exceed Condition "B" value.

(iv) Obsolete material or material which cannot be classified as Condition "B" or Condition "C" must be priced at a value commensurate with its use or at prevailing prices. Material no longer suitable for its original purpose but usable for some other purpose must be priced on a basis comparable with that of items normally used for those other purposes.

(C) Loading and unloading costs may be charged to the appropriate NPSL account only at the rate of 25 cents per hundred weight on all tubular goods movements, in place of loading and unloading costs sustained when actual hauling costs of those tubular goods are equalized under 11 AAC 83.243(8).

(D) Material involving erection costs must be charged at applicable percentage of the current knocked-down price of new material.

(E) The pricing and origination point of that material must be FOB a reliable supply store or railway, barge terminal, or air cargo receiving point nearest that lessee's storehouse from which the material is furnished.

(4) Whenever material is not readily obtainable at published or listed prices because of national emergencies, strikes or other unusual causes over which the lessee has no control, the lessee may charge the appropriate NPSL account for the required material at the lessee's actual cost incurred in providing that material, in making it suitable for use and moving it to the NPSL.

(5) In case of defective material, credit may not be passed to the appropriate NPSL account until adjustment has been received by the lessee from the manufacturers or their agents.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 3/27/82, Register 81; am 8/15/82, Register 83

11 AAC 83.245 Reporting and payment requirements

(a) Repealed 2/13/2010.

(b) Each lessee shall file NPSL reports, including supporting documentation as required, on forms prescribed by the department, together with the appropriate payment, if any, due the state on each NPSL, not later than 60 days following the end of each month. If the due date falls on a Saturday, Sunday, or state or federal holiday, the NPSL reports are due on the next business day. If two or more lessees hold a working interest in the same NPSL, they may, with the consent of the commissioner, appoint a designated operator of that NPSL to be responsible for the reporting requirements in this subsection before commercial production commences. The NPSL reports must contain the following information:

(1) the volume and dispositions of all oil and gas production saved, removed, or sold for the production period;

(2) the value of oil or gas removed or sold;

(3) the amount and description of items in the NPSL accounts as defined in 11 AAC 83.209, 11 AAC 83.212, and 11 AAC 83.214, and the balance of the accounts for the month;

(4) the monthly profit share of the lessee and the monthly net profit payment due the state; and

(5) the calculations required under 11 AAC 83.220 and 11 AAC 83.241.

(d) Interest will be charged at a variable rate per year equal to the prime rate as announced from time to time by the Bank of America, San Francisco, California, plus 1.25 percent a year on the amount of the net profit share payment due the state from the due date of the net profit share payment until the payment is received by the state.

(e) Records pertaining to development costs incurred before the start of commercial production, which are not included in NPSL reports filed under (b) of this section, must be kept and maintained for four years after the expiration of the calendar year in which commercial production begins or until abandonment of the lease if no commercial production begins. Records of the information required in (b) of this section, including a lessee's standard or joint accounting system records, must be kept and maintained for six years after the expiration of the calendar year in which the NPSL reports were filed with the state under (b) of this section. However, records of information required in (b) of this section, including standard or joint accounting system records, relating to abandonment cost amortization, must be kept and maintained from the date of issuance of the lease until three years following abandonment of the lease. Upon request by the state, the lessee shall make all records required by this section available for inspection and copying by authorized representatives of the state during normal business hours.

(f) Upon notice to the lessee, the state has the authority to audit the lessee's records of financial transactions, including the lessee's standard or joint accounting system records, inventories and other records pertaining to net profit share leasing operations. The audit period will remain open for the same period of time as specified in (e) of this section for record retention. If the commissioner determines there has been a showing of fraud or misrepresentation, then the audit period will remain open. Where possible, the auditor for the state will coordinate audit efforts with any other non-operators.

(g) Not later than May 14, 2010, each lessee shall file amended NPSL reports under this section covering each month after March 2006 for which an item described in (b)(1) - (5) of this section is affected by the retroactive application of a provision listed in 11 AAC 83.290, as that section read on August 10, 2017.

(h) The division will charge an administrative fee of $75 per day for failure to

(1) submit a complete set of original NPSL reports required under this section, beginning on the first day after the division provides notice to the lessee that the administrative fee will begin to accrue;

(2) submit revisions to a NPSL report filed under this section for that NPSL resulting from settlements, lease administrative actions, or NPSL accounting reconciliations, beginning on the 31st day after the division provides notice to the lessee that a revision must be submitted not later than 30 days after the notice; or

(3) make NPSL payments when due under this section, beginning on the first day after the division provides notice to the lessee that the administrative fee will begin to accrue.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 8/15/82, Register 83; am 2/13/2010, Register 193; am 1/9/2014, Register 209; am 8/10/2017, Register 223

11 AAC 83.246 Waiver of administrative fee

(a) The commissioner may waive an administrative fee under 11 AAC 83.245(h) if a lessee provides sufficient facts to establish a reasonable cause for a delayed or incomplete NPSL report, failure to pay NPSL payments when due, or failure to submit revisions.

(b) A lessee must apply for a waiver of an administrative fee by filing a written statement of facts to establish reasonable cause for noncompliance. The lessee must file the statement with the division not later than 10 days after the division notifies the lessee that an administrative fee is due under 11 AAC 83.245(h).

(1) a war, riot, rebellion, act of God, or other disaster that made compliance impossible;

(2) acts or omissions by a third party that were beyond the control of the lessee, and that made noncompliance unavoidable;

(3) the taking by the lessee, in good faith, of all steps and precautions reasonably necessary to ensure compliance.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 1/9/2014, Register 209

11 AAC 83.247 Redetermination

(a) If, as a result of an inspection of records under 11 AAC 83.245(e) or an audit under 11 AAC 83.245(f), the commissioner determines that (1) the method of allocating costs and production to a NPSL within a unit is improper, (2) there is an error or an improper cost claimed in a net profit share lease account, or (3) there is an error in the net profit share payment due the state, the commissioner will redetermine the net profit, recalculate the net profit share payment due the state, and notify the lessee of the redetermination.

(b) In the event of an underpayment, the lessee shall pay any additional amount of net profit share payment due the state plus interest at a variable rate per year equal to the prime rate prevailing during the month of the underpayment, as announced from time to time by the Bank of America, San Francisco, California, plus 1.25 percent a year. In the event of an overpayment, the state will return the overage to the lessee plus interest at a variable rate per year equal to the prime rate prevailing during the month of the overpayment, as announced from time to time by the Bank of America, San Francisco, California, plus 1.25 percent a year, or the lessee may claim a credit in the same amount to be applied to the next profit share payment.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 8/15/82, Register 83

11 AAC 83.250 Lessee protests

(a) A lessee who disagrees with and wishes to protest the commissioner's redetermination issued under 11 AAC 83.247, shall file a written protest with the department. To preserve the lessee's rights and to receive consideration by the department, this written protest must

(1) be filed within 60 days after the date of the department's notice of redetermination with which the lessee disagrees or is aggrieved;

(2) be mailed, electronically mailed, or personally delivered to: Office of the Commissioner, Alaska Department of Natural Resources, 550 W. 7th Avenue, Suite 1400, Anchorage, AK 99501, or DNRappeals@alaska.gov;

(3) state what action by the department it is that the lessee is protesting and what relief the lessee seeks;

(4) state the grounds for the lessee's protest, including the facts (if any) at issue, the legal authority (statutes, regulations and case law), and any generally accepted accounting principles that support the lessee's protest;

(5) state whether the lessee wants an informal conference or waives its right to an informal conference in favor of a formal hearing.

(b) All sums declared to be owing for the net profit share payment due the state must be paid in full no later than 60 days following the mailing date of the department's notice of redetermination. Payment under this subsection is subject to refund if, when and to the extent a refund is finally determined to be warranted. Failure to make timely payment of those sums forfeits the lessee's rights to pursue its protest before the department.

(c) A lessee may be represented or assisted by an attorney, certified public accountant or other authorized representative at the informal conference and the formal hearing. Proof of that authorization must be submitted for each representative at the conference or formal hearing.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 2/13/2010, Register 193; am 8/10/2017, Register 223

11 AAC 83.252 Informal conferences

(a) Upon receipt of the lessee's written protest, the department will designate a conference officer who will promptly schedule the informal conference with the lessee. A lessee wishing to present facts and financial information regarding its NPSL in support of its position must bring all pertinent books, records and other documents to the conference or must make them readily available for examination by the conference officer. The conference officer may copy any of the books, records and other documents brought to the conference or made available for the conference officer's examination.

(b) A lessee whose protest turns solely on one or more findings of material fact and who has waived its right to an informal conference in favor of a formal hearing, may be required to attend an informal conference prior to going to a formal hearing if the department believes the disagreement over material facts can be resolved at the conference level.

(c) After considering the facts, financial information and arguments presented by the lessee at the informal conference, the officer will make a recommendation. The conference officer is not authorized to compromise or waive the net profit share payment that is protested by the lessee; however, upon a conference officer's recommendation that a correction of the department's original action is warranted, the department will make the recommended correction and promptly notify the lessee in writing of the correction.

(d) A lessee dissatisfied with the conference officer's recommendation and wishing to continue its protest in the matter, shall, within 30 days after the date of the department's notice of its action on the conference officer's recommendation, file a written request for a formal hearing before the department. Failure to file a timely request waives the lessee's right to further consideration of its protest before the department.

(e) A conference officer's recommendation is not a final administrative determination of the lessee's protest by the department.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.255 Formal hearings

(a) The department will hold a formal hearing for a lessee

(1) when the lessee files a timely protest fulfilling the requirements of 11 AAC 83.250(a) and (b), waiving the right to an informal conference in favor of a formal hearing;

(2) when the lessee files a request for a formal hearing within 30 days after the date of the conference officer's recommendation regarding that lessee's protest, if the request for a formal hearing fulfills the requirements of (b) of this section; or

(3) when, under the facts and circumstances of a particular case, it appears appropriate to the department to conduct a formal hearing.

(b) A lessee's request to continue its protest at a formal hearing after the department has acted on the conference officer's recommendation regarding that protest must

(1) be mailed, electronically mailed, or personally delivered to: Office of the Commissioner, Alaska Department of Natural Resources, 550 W. 7th Avenue, Suite, 1400, Anchorage, AK 99501 or DNRhearings@alaska.gov;

(2) state the nature of the lessee's continuing protest and the relief sought;

(3) state the grounds for the lessee's protest, including the facts (if any) remaining at issue, the legal authority (statutes, regulations, or case law) and any generally accepted accounting principles that support the lessee's protest.

(c) Upon receipt of the lessee's request for formal hearing, the department will promptly appoint a hearing officer to preside over that hearing.

(d) On the hearing officer's own motion or at the request of the lessee or of a representative of the appropriate division of the department, the hearing officer may order that a prehearing conference be scheduled for the purpose of narrowing issues or establishing a schedule for the discovery or production of evidence, for submission of briefs or for stipulation of facts.

(e) The formal hearing will be scheduled as early as possible at an office of the department nearest the lessee's place of business or at another time and place acceptable to the department and the lessee.

(f) At the hearing, the lessee has the burden of proving its protest by a preponderance of the evidence. At the hearing both the lessee and the department's representative may introduce into evidence any materials relevant to a determination of the merit of the protest.

(g) After the hearing, the hearing officer shall prepare a written decision, specifying the hearing officer's findings of fact and conclusions of law. Upon approval by the commissioner, the written decision of the hearing officer becomes the final decision of the department.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 8/10/2017, Register 223

11 AAC 83.257 Appeals

A lessee disagreeing with the decision of the department under 11 AAC 83.255 may appeal the decision to a court having jurisdiction to hear such appeals as provided in AS 44.62.560 and AS 44.62.570.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.290 Retroactive application of regulations

(a) Except as otherwise provided, the following provisions apply retroactively to April 1, 2006:

(1) 11 AAC 83.209(b);

(2) 11 AAC 83.212(b)(2);

(3) 11 AAC 83.220;

(4) 11 AAC 83.240(b)(4)(B);

(5) 11 AAC 83.241(a) - (e), except as amended effective August 10, 2017.

(b) The provisions of 11 AAC 83.241(b)(2)(B) and 11 AAC 83.241(c), as amended effective August 10, 2017, apply retroactively to January 1, 2017.

History

Authority: AS 38.05.020 Sec 41, ch. 4, AS 38.05.180Sec 38, ch. 4,4 SSLA 2016 Sec 72, ch. 1,4 SSLA 2016 SSSLA 2007
Eff. 2/13/2010, Register 193; am 1/9/2014, Register 209; am 8/10/2017, Register 223

11 AAC 83.295 Definitions

Unless the context clearly requires a different meaning, in 11 AAC 83.201 - 11 AAC 83.295

(1) "abandonment cost" means those costs that will be incurred by the lessee to meet state and/or federal requirements to satisfactorily restore the lease, to plug and abandon the well and remove personal property within a reasonable time;

(2) "Btu-equivalent" means a barrel of oil or six Mcf of gas; except if the Btu-equivalents of the proved reserves of oil originally in place in the field that includes a particular NPSL, do not exceed 20 percent of the Btu-equivalents of the proved reserves of gas originally in place in that field, or vice versa, then "Btu-equivalent" will be understood to refer to the unit of production (barrel of oil or Mcf of gas) of the dominant reserve of that field for purposes of this chapter; however, if a lessee uses a similar but different unit of production for its unit-of-production amortization or depreciation for financial accounting purposes, the "Btu-equivalent" will be understood to refer to the unit of production used in that amortization or depreciation;

(3) "capital lease" means a lease classified as a capital lease from the standpoint of the lessee under FASB-13;

(4) "CDS vessel" means a United States flag vessel built for use in foreign trade which receives (while it is so used) a subsidy for the differential in construction costs between building it in the United States and building it elsewhere;

(5) "CDS/ODS vessel" means a United States flag vessel built for use in foreign trade which receives (while it is so used) both the subsidy for a CDS vessel and the subsidy for an ODS vessel;

(6) "commissioner" means the commissioner of the Department of Natural Resources, State of Alaska, or his designee;

(7) "commercial production" means the production of oil and gas for purposes of sale or other beneficial use, except when the sale or beneficial use is incidental to the testing of an unproved well or unproved completion interval;

(8) "credit" means an entry used within the context of generally accepted accounting procedures;

(9) "debit" means an entry used within the context of generally accepted accounting procedures;

(10) "department" means the Department of Natural Resources, State of Alaska;

(11) "entitlements treatment" refers to the issuance, purchase, sale or use of whole and/or fractional entitlements associated with refining a particular run of oil pursuant to 10 CFR 211 and 212, or to the treatment of that oil under any other program having a similar effect that the United States Department of Energy may adopt or administer as a replacement or continuation of the present entitlements program;

(12) "FASB" means the Financial Accounting Standards Board;

(13) "FASB 13" means FASB's Statement of Financial Accounting Standards No. 13, "Accounting for Leases" (November 1976), as amended or interpreted by FASB's Statement of Financial Accounting Standards No. 17, "Accounting for Leases - Initial Direct Costs" (November 1977); FASB's Statement of Financial Accounting Standards No. 22, "Changes in the Provisions of Lease Agreements Resulting from Refundings of Tax-Exempt Debt" (June 1978); FASB's Statement of Financial Accounting Standards No. 23, "Inception of the Lease" (August 1978); FASB Interpretation No. 19, "Lessee Guarantee of the Residual Value of Leased Property" (October 1977); and FASB Interpretation No. 21, "Accounting for Leases in a Business Combination" (April 1978);

(14) "FERC" means the Federal Energy Regulatory Commission of the United States Department of Energy, or the agency succeeding to its regulatory functions;

(15) "gross share" means the volume of production attributable to a production interest before any deductions for royalty in-value and royalty in-kind due the state that may be chargeable to that production interest;

(16) "Jones Act vessel" means a United States flag vessel built for use in domestic trade;

(17) "lessee" means an individual or individuals, a corporation, or, collectively, two or more corporations or individuals, that hold a working interest in a NPSL;

(18) "LNG" means a cryogenic liquid formed from normally gaseous hydrocarbons, chiefly methane;

(19) "LNG transportation facility" means any or all of the following when they are parts of a system to transport LNG: the LNG liquefaction plant, gathering lines to that plant, loading and unloading facilities for LNG tankers, LNG tankers themselves and facilities to regasify the LNG;

(20) "Mcf" or "Mcf of gas" means one thousand cubic feet of gas measured at 60° Fahrenheit and 14.65 pounds per square inch (absolute);

(21) "ODS vessel" means a United States flag vessel built for use in foreign trade, that receives (while it is so used) a subsidy for the differential in operating costs between being manned by United States crews and being manned by foreign crews;

(22) "oil and gas" may, if appropriate, refer to either oil or gas, as well as meaning both of them in other contexts;

(23) "point of production" means

(A) for oil, the automatic custody transfer meter or unit through which the oil enters into the facilities of a carrier pipeline or other transportation carrier; and, in the absence of an automatic custody transfer meter or unit, the "point of production" for oil is the outlet flange of the tank gauge (or, in the absence of an automatic transfer meter or a tank gauge, another mechanism or device to measure the quantity of oil that has been approved by the department for this purpose) through which the oil is tendered and accepted into the facilities of a carrier pipeline or other transportation carrier;

(B) for gas recovered in association with oil, the meter on or nearest (measured along the course taken by the gas) to the NPSL from which the gas is recovered, at which meter the sales stream of gas is measured with sufficient accuracy and at appropriate temperature, pressure and other condition for purposes of sale, regardless of whether the particular gas in question is actually sold at that meter;

(C) for gas not recovered from or in association with oil, the point where it is accurately metered or measured, or if the gas is sold on the NPSL premises from which it is recovered, then the point of such sale;

(24) "positioning costs" is defined in 11 AAC 83.229(i);

(25) "produced," in the sense of oil and gas produced from a NPSL, includes oil, and gas attributed (pursuant to the terms of a pooling agreement, unit agreement, lease-line well agreement, drainage agreement or other similar agreement between the production-interest owner(s) of the lease and the production-interest owner(s) of an adjacent lease, or pursuant to the terms of an order or decision by an appropriate regulatory agency or by a court) to that NPSL from one or more wells bottomed on the adjacent lease, as well as oil and gas from wells bottomed on the NPSL itself;

(26) "production interest" means a royalty interest or a working interest;

(27) "royalty" or "royalty interest" means a basic royalty or overriding royalty in the production of oil and gas;

(28) "sales delivery point" means

(A) for a lessee's oil and gas sold in a bona fide arm's-length sale to a third party, the point of delivery specified under the terms of the contract or agreement for that sale;

(B) for a lessee's oil not sold in a bona fide, arm's-length sale to a third party, the inlet of the refinery or comparable facility to which that oil is ultimately transported; and

(C) for a lessee's gas not sold in a bona fide, arm's-length sale to a third party, the point of delivery under the terms of the sales contract being used as the reference for the calculation of sales price of the lessee's gas under 11 AAC 83.226;

(29) "voyage and port costs" are defined in 11 AAC 83.229(g);

(30) "working interest" means any interest (including fee title) in the production of oil and gas that is not a royalty interest;

(31) "NPSL" is defined in 11 AAC 83.201;

(32) "division" means the division of oil and gas in the Department of Natural Resources;

(33) "NPSL report" means a NPSL volume value report (VV form), NPSL account report (AC form), NPSL petroleum production tax lease allowance report (PT form), and royalty or NPSL payment summary report (S1 form) for a NPSL.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 8/15/82, Register 83; am 1/9/2014, Register 209

Article 3 Unitization

11 AAC 83.300 Application for designation of area

Repealed 6/28/81.

11 AAC 83.301 Purpose

(a) 11 AAC 83.301 - 11 AAC 83.395 establish standards and procedures governing the submission of applications to the commissioner and criteria for approval of unit agreements for state oil and gas leases, and standards to be followed by a state lessee in conducting lease operations under an oil and gas unit agreement approved by the commissioner.

(b) 11 AAC 83.301 - 11 AAC 83.395 apply to an existing oil and gas lease or approved unit agreement where not inconsistent with the lease or unit agreement or regulations in effect on the effective date of the lease or unit agreement.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85

11 AAC 83.303 Criteria

(a) The commissioner will approve a proposed unit agreement for state oil and gas leases if he makes a written finding that the agreement is necessary or advisable to protect the public interest considering the provisions of AS 38.05.180(p) and this section. The commissioner will approve a proposed unit agreement upon a written finding that it will

(1) promote conservation of all natural resources, including all or part of an oil or gas pool, field, or like area;

(2) promote the prevention of economic and physical waste; and

(3) provide for the protection of all parties of interest, including the state.

(b) In evaluating the above criteria, the commissioner will consider

(1) the environmental costs and benefits of unitized exploration or development;

(2) the geological and engineering characteristics of the potential hydrocarbon accumulation or reservoir proposed for unitization;

(3) prior exploration activities in the proposed unit area;

(4) the applicant's plans for exploration or development of the unit area;

(5) the economic costs and benefits to the state; and

(6) any other relevant factors, including measures to mitigate impacts identified above, the commissioner determines necessary or advisable to protect the public interest.

(c) The commissioner will consider the criteria in (a) and (b) of this section when evaluating each requested authorization or approval under 11 AAC 83.301 - 11 AAC 83.395, including

(1) an approval of a unit agreement;

(2) an extension or amendment of a unit agreement;

(3) a plan or amendment of a plan of exploration, development or operations;

(4) a participating area; or

(5) a proposed or revised production or cost allocation formula.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78; am 3/18/83, Register 85

11 AAC 83.305 Designation; effect

Repealed 6/28/81.

11 AAC 83.306 Application for unit approval

Any person owning an interest in a lease which is proposed to be committed to a unit which would include a state oil and gas lease may propose a unit agreement by applying to the commissioner for approval of the agreement. The following items constitute a complete application for approval:

(1) the unit agreement, including exhibits required under 11 AAC 83.341 or 11 AAC 83.343, executed by the proper parties;

(2) the unit operating agreement executed by the working-interest owners, which is submitted for information only and does not require the commissioner's approval for adoption or amendment;

(3) evidence of reasonable effort made to obtain joinder of any proper party who has refused to join the unit agreement;

(4) all pertinent geological, geophysical, engineering, and well data, and interpretations of those data, directly supporting the application;

(5) an explanation of proposed modifications, if any, of the standard state unit agreement form; and

(6) the application fee prescribed by 11 AAC 05.110.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.180
Eff. 6/28/81, Register 78; am 8/15/82, Register 83; am 3/18/83, Register 85; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 83.310 Draft of agreement

Repealed 6/28/81.

11 AAC 83.311 Public notice

Within 10 days after receipt of a complete application for approval of a unit agreement, expansion of an approved unit under 11 AAC 83.356, or extension of the unit term under 11 AAC 83.336(a) (2), the commissioner will publish notice of the application in a newspaper of general statewide circulation and in a newspaper serving the locality in which the unit or proposed unit is located. In addition, the commissioner will, in his discretion, publish notice by radio, television, or other electronic media. If the unit or proposed unit is within the boundary of an organized borough, municipality, regional corporation, or village corporation organized under Section 8(a) of the Alaska Native Claims Settlement Act, the notice will be mailed to the chief executive officer of the borough or municipality, or designated representative of the corporate entity. The notice also will be mailed to the postmaster of each permanent settlement of more than 25 persons located within six miles of the proposed unit area. In the case of a proposed unit expansion, a copy of the notice will be mailed to the unit operator. The notice will include

(1) the name and address of the applicant, and the location of the unit or proposed unit;

(2) a statement explaining the nature of the approval sought;

(3) a statement indicating where copies of the non-confidential portions of the application may be obtained; and

(4) a statement that any person may file written comments on the application with the commissioner within 30 days after publication of the notice.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85

11 AAC 83.315 Rates of prospecting and production

Repealed 6/28/81.

11 AAC 83.316 Unit approval

(a) Within 60 days after the close of the public comment period required by 11 AAC 83.311, the commissioner will issue a written decision approving or disapproving the unit agreement, in which he states the basis for his decision after considering the provisions of 11 AAC 83.303.

(b) If the commissioner determines that the provisions of 11 AAC 83.303 are not met, the commissioner will, in his discretion, propose modifications which, if accepted by the parties to the proposed unit agreement, would qualify the agreement for approval.

(c) No unit will be approved unless parties to the unit agreement hold sufficient interest in the unit area to give reasonably effective control of operations and at least one lease or portion of a lease in the unit area is a state lease.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78; am 3/18/83, Register 85

11 AAC 83.320 Parties

Repealed 6/28/81.

11 AAC 83.321 Copies of application required

In submitting an application under 11 AAC 83.301 - 11 AAC 83.395, the applicant must provide five copies of the nonconfidential portions of the pertinent agreement, plan, modification, or other instrument or document for which approval is sought and two copies of any confidential material submitted. 10 copies of unit plans of operations are required for activities within the coastal zone.

History

Authority: AS 38.05.020; AS 38.05.145
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.325 Signatures

Repealed 6/28/81.

11 AAC 83.326 Standard unit agreement

(a) Except as provided in 11 AAC 83.393, and as otherwise provided in this section, a unit agreement must be executed on, or in a manner consistent with, a standard state unit agreement form.

(b) The commissioner will allow a modification of the standard state unit agreement form, upon request by the unit applicant, when the commissioner determines that the modification is reasonably required to meet the needs and requirements of the particular unit considering the facts and conditions found to exist with respect to that unit, and the proposed modification meets the provisions of 11 AAC 83.303. The commissioner will require a modification of the standard state unit agreement form if required to meet the provisions of 11 AAC 83.303. Any request by the unit applicant for modification of the standard state unit agreement form must be made in writing not later than the time an application is submitted for approval under 11 AAC 83.306 and must include an explanation of proposed modifications.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85

11 AAC 83.328 Parties

(a) The record owners of any right, title or interest in the oil or gas reservoirs or potential hydrocarbon accumulations to be included in a unit are the proper parties to the unit agreement. All proper parties must be invited to join the unit agreement.

(b) Where authorized by lease, the commissioner will, in his discretion, require a state lessee or any assignee of interest in a state lease to subscribe to a unit agreement.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 6/28/81, Register 78

11 AAC 83.330 Counterparts

Repealed 6/28/81.

11 AAC 83.331 Unit operator

(a) A unit operator must be qualified to hold a lease as provided in 11 AAC 82.200 - 11 AAC 82.205, and must be qualified to fulfill the duties and obligations prescribed in the unit agreement.

(b) The unit operator may be a working-interest owner in the unit area or may be a party selected by the working-interest owners.

(c) No designation or change of the unit operator becomes effective until approved by the commissioner. The commissioner will approve or disapprove a proposed change of the unit operator within 30 days after receipt of request and will explain in writing his basis for disapproval.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.335 Unit operators

Repealed 6/28/81.

11 AAC 83.336 Effective date and term of unit agreement

(a) A unit agreement becomes effective upon approval by the commissioner and automatically terminates five years from the effective date unless

(1) a unit well in the unit area has been certified as capable of producing hydrocarbons in paying quantities, in which case the unit agreement will remain in effect for so long as hydrocarbons are produced in paying quantities from the unit area, or for so long as hydrocarbons can be produced in paying quantities and unit operations are being conducted in accordance with an approved unit plan of exploration or development, or, should production cease, for so long after that as diligent operations are in progress to restore production and then so long after that as unitized substances are produced in paying quantities; or

(2) exploration operations have been conducted in accordance with an approved unit plan of exploration, and the commissioner, after issuing written notice under 11 AAC 83.311, issues a written decision extending the unit term in which he states the basis for his decision, considering the provisions of 11 AAC 83.303; no single extension will exceed five years.

(b) If a suspension of unit operations or production on all or part of the unit area has been ordered or approved under federal, state, or local law, or, if the commissioner determines that the unit operator has been prevented, despite good-faith efforts, from complying with any express or implied promise, term, condition, or covenant of the unit agreement, or from conducting exploration, development, production, transportation, or marketing operations on or from the unitized area by reason of force majeure, the unit operator's obligation to comply with the provision will be held in abeyance, but not voided, and the commissioner will extend the term of the unit agreement for a period of time equal to the time lost under the unit term due to the suspension or prevention by force majeure. If unit operations or production are suspended or prevented under this subsection and the continuation of those operations or production without suspension or prevention would have had the effect of extending the unit agreement, the unit agreement does not terminate during the period in which operations or production are suspended or prevented plus a reasonable time after that, which will not be less than six months, for the unit operator to resume operations or production. Nothing in this subsection holds in abeyance the obligation to pay rentals, royalties, or other production or profit-based payments to the State of Alaska from operations or production in the unitized area which are not suspended or prevented, or from operations or production which are unrelated to any suspension or prevention. For the purposes of this subsection, any seasonal restriction on operations or production or other conditions specifically required or imposed as a term of sale of an original lease, or as a condition required for unit agreement approval, will not be considered a suspension of operations or production ordered under law, or prevention due to force majeure. However, upon application to the commissioner, seasonal restrictions on operations or production imposed subsequent to approval of a unit agreement will be considered a suspension of operations or production ordered under law.

(d) Upon termination of a unit, each lease or portion of a lease committed to the unit may be continued in effect only in accordance with the terms and conditions of the lease, statutes and regulations, or as provided in the unit agreement.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 8/15/82, Register 83; am 3/18/83, Register 85

11 AAC 83.340 Approval of unit agreement

Repealed 6/28/81.

11 AAC 83.341 Unit plan of exploration

(a) Unless a unit plan of development is filed under 11 AAC 83.343, a unit plan of exploration must be filed for approval by the commissioner as an exhibit to the unit agreement under 11 AAC 83.306. The plan must describe the applicant's proposed exploration activities, including the bottom-hole locations and depths of proposed wells, and the estimated date drilling will commence. All exploration operations must be conducted under an approved plan of exploration. The commissioner will approve a unit plan of exploration if it complies with the provisions of 11 AAC 83.303. If the proposed unit plan of exploration is disapproved, the commissioner will, in his discretion, propose modifications which, if accepted by the unit operator, would qualify the plan for approval.

(b) The unit plan of exploration must be updated and submitted to the commissioner for approval at least 60 days before the expiration date of the previously approved plan, as set out in that plan. The update must describe the extent to which requirements of the previously approved plan were achieved; if actual operations deviated from or did not comply with the previously approved plan, an explanation of the deviation or noncompliance must be included in the update. Within 10 days after receipt of an updated plan of exploration, the commissioner will inform the unit operator as to whether a proposed unit plan of exploration is complete. After the commissioner has determined that a unit plan of exploration is complete, as submitted or modified by the unit operator following the commissioner's suggestions, the commissioner will have an additional 30 days in which to approve or disapprove the plan; if no action is taken by the commissioner, the unit plan of exploration is approved.

(c) The commissioner will approve an update of the unit plan of exploration if it complies with the provisions of 11 AAC 83.303. If the proposed update of a unit plan of exploration is disapproved, the commissioner will, in his discretion, propose modifications which, if accepted by the unit operator, would qualify the plan for approval.

(d) The unit operator shall submit an annual report to the commissioner describing the operations conducted under the unit plan of exploration during the preceding year.

(e) The unit operator may, with the approval of the commissioner, amend an approved plan of exploration.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85

11 AAC 83.343 Unit plan of development

(a) A unit plan of development must be filed for approval as an exhibit to the unit agreement if a participating area is proposed for the unit area under 11 AAC 83.351, or when a reservoir has become sufficiently delineated so that a prudent operator would initiate development activities in that reservoir. All development operations must be conducted under an approved plan of development. A unit plan of development must contain sufficient information for the commissioner to determine whether the plan is consistent with the provisions of 11 AAC 83.303. The plan must include a description of the proposed development activities based on data reasonably available at the time the plan is submitted for approval as well as plans for the exploration or delineation of any land in the unit not included in a participating area. The plan must include, to the extent available information exists

(1) long-range proposed development activities for the unit, including plans to delineate all underlying oil or gas reservoirs, bring the reservoirs into production, and maintain and enhance production once established;

(2) plans for the exploration or delineation of any land in the unit not included in a participating area;

(3) details of the proposed operations for at least one year following submission of the plan; and

(4) the surface location of proposed facilities, drill pads, roads, docks, causeways, material sites, base camps, waste disposal sites, water supplies, airstrips, and any other operation or facility necessary for unit operations.

(b) The commissioner will approve the unit plan of development if it complies with the provisions of 11 AAC 83.303. If the proposed unit plan of development is disapproved, the commissioner will, in his discretion, propose modifications which, if accepted by the unit operator, would qualify the plan for approval.

(c) The unit plan of development must be updated and submitted to the commissioner for approval at least 90 days before the expiration date of the previously approved plan, as set out in that plan. The update must describe the extent to which the requirements of the previously approved plan were achieved; if actual operations deviated from or did not comply with the previously approved plan, an explanation of the deviation or noncompliance must be included in the update. The commissioner will approve the updated unit plan of development if it complies with the provisions of 11 AAC 83.303. If the proposed update of a unit plan of development is disapproved, the commissioner will, in his discretion, propose modifications which, if accepted by the unit operator, would qualify the plan for approval. Within 10 days after receipt of an updated unit plan of development, the commissioner will inform the unit operator as to whether the proposed unit plan of development is complete. After the commissioner has determined that an updated unit plan of development is complete as submitted, or as modified by the unit operator following the commissioner's suggestions, the commissioner will have an additional 60 days in which to approve or disapprove the plan; if no action is taken by the commissioner, the update of the unit plan of development is approved.

(d) The unit operator shall submit an annual report to the commissioner describing the operations conducted under the unit plan of development during the preceding year.

(e) The unit operator may, with the approval of the commissioner, amend an approved plan of development.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85

11 AAC 83.345 Modification of unit agreements

Repealed 6/28/81.

11 AAC 83.346 Unit plan of operations

(a) Except as provided in (b) of this section, a unit plan of operations for all or part of the unit area must be approved by the commissioner before any operations may be undertaken on or in the unit area.

(b) A unit plan of operations will not be required by the commissioner for activities that would not require a land use permit under this title.

(c) Before undertaking operations on or in the unit area, the unit operator shall provide for full payment of all damages sustained by the owner of the surface estate as well as by the surface owner's lessees and permittees, by reason of entering the land.

(1) the sequence and schedule of the operations to be conducted on or in the unit area, including the date operations are proposed to begin and their proposed duration;

(2) projected use requirements directly associated with the proposed operations, including but not limited to the location and design of well sites, material sites, water supplies, solid waste sites, buildings, roads, utilities, airstrips, and all other facilities and equipment necessary to conduct the proposed operations;

(3) plans for rehabilitation of the affected unit area after completion of operations or phases of those operations; and

(4) a description of operating procedures designed to prevent or minimize adverse effects on other natural resources and other uses of the unit area and adjacent areas, including fish and wildlife habitats, historic and archeological sites, and public use areas.

(e) In approving a unit plan of operations or an amendment of a plan, the commissioner will require amendments he determines necessary to protect the state's interest. The commissioner will not require any amendment that would be inconsistent with the terms of sale under which the lease was obtained, or with the terms of the lease itself, or which would deprive the lessee of reasonable use of the leasehold interest.

(f) The unit operator may, with the approval of the commissioner, amend an approved plan of operations.

(g) Upon completion of operations, the unit operator shall inspect the area of operations and submit a report indicating the completion date of operations and stating any noncompliance of which the unit operator knows, or should reasonably know, with requirements imposed as a condition of approval of the plan.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.130; AS 38.05.180
Eff. 6/28/81, Register 78; am 8/15/82, Register 83; am 3/18/83, Register 85; am 7/1/89, Register 110; am 2/21/98, Register 145

11 AAC 83.350 Approval of federal units

Repealed 6/28/81.

11 AAC 83.351 Participating area

(a) At least 90 days before sustained unit production from a reservoir, the unit operator shall submit to the commissioner for approval a description of the proposed participating area, based on subdivisions of the public land or its aliquot parts. The participating area may include only the land reasonably known to be underlain by hydrocarbons and known or reasonably estimated through use of geological, geophysical, or engineering data to be capable of producing or contributing to production of hydrocarbons in paying quantities. If any portion of a lease is included in a participating area formed under a unit agreement, the entire leased land will be committed to the unit and the lease will not be severed. Under 11 AAC 83.371(a), the unit operator also shall submit to the commissioner for approval of a proposed division of interest or formula setting out the percentage of production and costs to be allocated to each lease or portion of lease within the participating area. Upon approval by the commissioner, the area of productivity constitutes a participating area.

(b) A separate participating area must be established as provided in (a) of this section for each reservoir delineated, except that with the consent of the commissioner and all working interest owners, any two or more reservoirs or participating areas within the unit may be combined into one participating area. Separate participating areas may be established to distinguish between an oil rim and a gas cap within the same reservoir.

(c) A participating area must be expanded to include acreage reasonably estimated through use of geological, geophysical, or engineering data to be capable of producing or contributing to the production of hydrocarbons in paying quantities, and must be contracted to exclude acreage reasonably proven through use of geological, geophysical, or engineering data to be incapable of producing hydrocarbons in paying quantities, subject to approval by the commissioner. A revised division of interest or formula allocating production and costs must be submitted for approval under 11 AAC 83.371 at the time of expansion or contraction of a participating area.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85; am 3/30/84, Register 89; am 7/1/89, Register 110

11 AAC 83.355 Applications

Repealed 6/28/81.

11 AAC 83.356 Unit area; contraction and expansion

(a) A unit must encompass the minimum area required to include all or part of one or more oil or gas reservoirs, or all or part of one or more potential hydrocarbon accumulations.

(b) 10 years after sustained unit production begins, the unit area must be contracted to include only those lands then included in an approved participating area and lands that facilitate production including the immediately adjacent lands necessary for secondary or tertiary recovery, pressure maintenance, reinjection, or cycling operations. The commissioner will, in the commissioner's discretion, after considering the provisions of 11 AAC 83.303, delay contraction of the unit area if the circumstances of a particular unit warrant. If any portion of a lease is included in the participating area, the portion of the lease outside the participating area will neither be severed nor will it continue to be subject to the terms and conditions of the unit. The portion of the lease outside the participating area will continue in full force and effect so long as production is allocated to the unitized portion of the lease and the lessee satisfies the remaining terms and conditions of the lease.

(c) Any expansion or contraction of the unit area must be based on legal subdivisions of land as defined in 11 AAC 88.185.

(d) No land will be excluded from a unit area due to the depletion of hydrocarbons.

(e) Not sooner than 10 years after the effective date of the unit agreement, the commissioner will, in the commissioner's discretion, contract the unit area to include only that land covered by an approved unit plan of exploration or development, or that area underlain by one or more oil or gas reservoirs or one or more potential hydrocarbon accumulations and lands that facilitate production as set out in (b) of this section. Before any contraction of the unit area under this subsection, the commissioner will give the unit operator, the working interest owners, and the royalty owners of the leases or portions of leases being excluded reasonable notice and an opportunity to be heard.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85; am 7/1/89, Register 110

11 AAC 83.360 Notation of approval

Repealed 6/28/81.

11 AAC 83.361 Certification of well test results

For the purposes of 11 AAC 83.301 - 11 AAC 83.395, a well will be considered capable of producing hydrocarbons in paying quantities, as defined in 11 AAC 83.395, when so certified by the commissioner following application by the lessee or unit operator. The commissioner will require the submission of data necessary to make the certification, including all results of the flow test or tests, supporting geological data, and cost data reasonably necessary to show that the production capability of the well satisfies the economic requirements of the paying quantities definition.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 8/15/82, Register 83; am 3/18/83, Register 85

11 AAC 83.365 Unit bonds

Repealed 6/28/81.

11 AAC 83.366 Unit operating agreement

Any revision of the unit operating agreement must be submitted to the commissioner before it takes effect. The unit agreement controls the respective rights and obligations of the unit operator, the working-interest owners, the State of Alaska, and royalty interest owners other than the State of Alaska in case of conflict between the unit agreement and the unit operating agreement. Where conflicts exist solely between working-interest owners, the unit operating agreement shall control.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 8/15/82, Register 83

11 AAC 83.370 Segregated leases

Repealed 6/28/81.

11 AAC 83.371 Allocation of production and costs

(a) The proposed or revised division of interest or formula allocating hydrocarbon production and unit operating costs among the leases in the unit area may not take effect until approved by the commissioner in writing. When requested by the commissioner, the lessees or unit operator shall promptly file with the commissioner all data that relates to the proposed or revised division of interests or allocation formula for all leases in the participating area. Before any disapproval of the proposed or revised division of interest or allocation formula, the commissioner will give the working interest and royalty owners reasonable notice and an opportunity to be heard. After the hearing, the commissioner will approve the proposed or revised division of interest or allocation formula as submitted unless the commissioner finds in writing that the formula does not equitably allocate production and costs among the leases.

(b) If there is a separate division of interest or allocation formula among any of the parties holding an interest in the unit that is different from the division of interest or allocation formula approved by the commissioner, the parties to the separate division of interest or allocation formula not approved by the commissioner shall submit a copy of that formula to the commissioner and a statement explaining the reasons for the difference.

History

Authority: AS 38.05.120; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85; am 7/1/89, Register 110

11 AAC 83.373 Severance

(a) Except as otherwise provided in this section and 11 AAC 83.356, where only a portion of a lease is committed to a unit agreement approved or prescribed by the commissioner, the commitment constitutes a severance of the lease as to the unitized and nonunitized portions of the lease. The portion of the lease not committed to the unit will be treated as a separate and distinct lease having the same effective date and term as the original lease and may be maintained thereafter only in accordance with the terms and conditions of the original lease, statutes, and regulations. Any portion of the lease not committed to the unit agreement will not be affected by the unitization or pooling of any other portion of the lease by operations in the unit, or by suspension approved or ordered for the unit under 11 AAC 83.336(b).

(b) The commissioner will, in his discretion, grant up to a two-year extension of the lease term for that portion of a lease not committed to the unit agreement under this section.

(c) A lease having a well certified as capable of production in paying quantities before commitment to the unit agreement will not be severed.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78; am 8/15/82, Register 83

11 AAC 83.374 Default

(a) Failure to comply with any of the terms of an approved unit agreement, including any plans of exploration, development, or operations which are a part of the unit agreement, is a default under the unit agreement.

(b) The commissioner will give notice to the unit operator and defaulting party (if other than the unit operator) of the default. The notice will state the nature of the default and include a demand to cure the default by a specific date, which in the case of failure to pay rentals or royalties will be a date determined by the commissioner and in the case of any other default will be a date not less than 90 days after the date of the commissioner's notice of default.

(c) If a default occurs with respect to a unit in which there is no well capable of producing oil or gas in paying quantities and the default is not cured by the date indicated in the demand, the commissioner will, in his discretion, and after giving the unit operator and defaulting party (if other than the unit operator) reasonable notice and opportunity to be heard, terminate the unit agreement by mailing notice of the termination to the unit operator and defaulting party. Termination is effective upon mailing the notice.

(d) If a default occurs with respect to a unit in which there is a well capable of producing oil or gas in paying quantities and the default is not cured by the date indicated in the demand, the commissioner will, in his discretion, seek to terminate the unit agreement by judicial proceedings.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78

11 AAC 83.375 Confidentiality of data

Repealed 3/18/83.

11 AAC 83.379 Signatures

Each signature on the unit agreement must be notarized or attested by at least two witnesses. Corporate or other signatures made in a representative capacity must be accompanied by evidence of the authority of the signatory to act on behalf of the principal or by a reference to such evidence previously filed. The printed or typed name and address of each signatory to the unit agreement must be set out below the signature.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.380 Counterparts

The parties may execute any number of counterparts of a unit agreement or may execute a ratification, joinder, or consent in a separate instrument. These documents have the same effect as if all parties signed the same instrument.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 6/28/81, Register 78

11 AAC 83.383 Notation of approval

If approved by the commissioner, the counterparts of each instrument or document submitted for approval will be returned to the applicant with the commissioner's approval noted on the approved counterparts.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.385 Modification of unit agreement

Any modification of an approved unit agreement is subject to the commissioner's approval.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.390 Unit bonds

In place of separate bonds required for each lease committed to a unit agreement, the unit operator shall furnish and maintain a statewide oil and gas lease bond under 11 AAC 83.160.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.393 Approval of federal and private party units

(a) If the State of Alaska selects or otherwise acquires any federal land which, at the effective date of selection or acquisition, is subject to a federal oil and gas lease which is committed to a unit agreement that has been approved in accordance with federal laws and regulations, the unit agreement will be considered to have been approved by the commissioner for all the purposes of AS 38.05 and 11 AAC 83.301 - AAC 83.395.

(b) The commissioner will, in his discretion, enter into agreements with the federal government to provide for unitization of state and federal oil and gas leases overlying a common reservoir. If the agreement permits or requires the commissioner to take any action or enter into any unit agreement which is contrary to or inconsistent with 11 AAC 83.301 - 11 AAC 83.395, the commissioner will, in his discretion, do so after making a written finding that his action or the unit agreement is necessary or advisable to protect the public interest, and will, in all cases, comply with the requirements of 11 AAC 83.303 and 11 AAC 83.311.

(c) Any person owning an interest in a state oil and gas lease who has been asked to join a unit in which all state leases proposed to be committed to the unit constitute not more than 10 percent of the surface acreage of the unit or not more than five percent of the initial participation in the unit may request approval of the commissioner to join the unit as a working interest owner and may also request that the commissioner join the unit as a royalty owner. The commissioner will, in his discretion, approve and join the unit agreement as a royalty owner if, after giving public notice in accordance with 11 AAC 83.311, he makes written finding that the proposed unit is necessary or advisable to protect the public interest considering the criteria in 11 AAC 83.303. A unit agreement entered into under this section need not comply with the requirements of this chapter.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 6/28/81, Register 78

11 AAC 83.395 Definitions

Unless the context clearly requires a different meaning, in 11 AAC 83.301 - 11 AAC 83.395 and in the applicable unit agreements

(1) "conservation of the natural resources of all or part of an oil or gas pool, field or like area" means maximizing the efficient recovery of oil and gas and minimizing the adverse impacts on the surface and other resources;

(2) "commissioner" means the commissioner of the state Department of Natural Resources or his designee;

(3) "force majeure" means war, riots, acts of God, unusually severe weather, or any other cause beyond the unit operator's reasonable ability to foresee or control and includes operational failure to existing transportation facilities and delays caused by judicial decisions or lack of them;

(4) "paying quantities" means quantities sufficient to yield a return in excess of operating costs, even if drilling and equipment costs may never be repaid and the undertaking considered as a whole may ultimately result in a loss; quantities are insufficient to yield a return in excess of operating costs unless those quantities, not considering the costs of transportation and marketing, will produce sufficient revenue to induce a prudent operator to produce those quantities;

(5) "potential hydrocarbon accumulation" means any structural or stratigraphic entrapping mechanism which has been reasonably defined and delineated through geophysical, geological, or other means and which contains one or more intervals, zones, strata, or formations having the necessary physical characteristics to accumulate and prevent the escape of oil and gas;

(6) "reservoir" means an oil or gas accumulation which has been discovered by drilling and evaluated by testing and which is separate from any other accumulation of oil and gas;

(7) "unit" means a group of leases covering all or part of one or more potential hydrocarbon accumulations, or all or part of one or more adjacent or vertically separate oil or gas reservoirs, which are subject to a unit agreement;

(8) "unit agreement" means the agreement executed by the State of Alaska, working-interest owners, and royalty owners creating the unit; and

(9) "sustained unit production" means continuing production of oil or gas from a reservoir in the unit area into a pipeline or other means of transportation to market, but does not include testing, evaluation, or pilot production.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.180
Eff. 6/28/81, Register 78; am 3/18/83, Register 85

Article 4 Communitization and Drilling and Development Contracts

11 AAC 83.400 Applications

Applications for approval of a communitization or drilling agreement under AS 38.05.180(s) or drilling or development contracts under AS 38.05.180(t) must comply with 11 AAC 88.105 and must be accompanied by three signed copies of the proposed agreement if necessary.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 12/26/2019, Register 232

Article 5 Underground Storage

11 AAC 83.500 Qualifications to hold storage lease

A storage lease authorized by AS 38.05.180(u) may be issued to any person qualified to hold an oil and gas lease, whether or not the person holds an oil and gas lease on all or part of the land covered by the storage lease.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(u)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.505 Storage lease restrictions

A storage lease issued under AS 38.05.180(u)

(1) does not give the storage lessee any right to drill for, develop, produce, extract, remove, or market oil, gas or other natural resources in and from the land covered by the storage lease other than oil or gas or both in an amount not greater than the amount of oil or gas both introduced into that land for storage;

(2) does not prohibit the state from issuing oil and gas leases to others covering all or portions of the land covered by the storage lease;

(3) must contain conditions that will prevent unnecessary or unreasonable interference with the rights and operations under any oil and gas lease, including conditions prohibiting the storage of oil or gas in any reservoir capable of producing oil or gas in paying quantities without the consent of the holder of any oil and gas lease covering the reservoir;

(4) must contain a damage provision as stated in sec. 160 of this chapter and the reservations provided for in sec. 155 of this chapter;

(5) must provide for a storage fee or rental on stored oil or gas or both, as determined by the commissioner;

(6) must specify its terms; and

(7) must contain any other provision that the commissioner considers reasonable and necessary to protect the interests of Alaska.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(u)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.510 Lieu royalty

In cases where the storage lessee also holds the right to produce oil or gas not previously produced in conjunction with stored oil or gas, the storage lease may, in place of the fee or rental provided for under sec. 505(5) of this chapter, provide for a royalty upon stored oil or gas when produced. The royalty rate may be the same as or different from the royalty rate or rates provided for in any oil and gas leases involved. If the rate is different from the rate or rates in the oil and gas lease or leases, the storage lease must specify whether or not that different rate applies to oil or gas not previously produced and thereafter produced in conjunction with stored oil or gas. If the different rate is to apply, the royalty rate or rates under the oil and gas lease or leases must be modified with respect to oil or gas so produced. If the different rate is not to apply, the storage lease must specify a reasonable method for determining respective portions of production to which the different royalty rates apply.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.515 Term of affected oil and gas leases

Where the storage lessee also holds the right to produce oil or gas not previously produced in conjunction with stored oil or gas, any lease covering the oil or gas not previously produced shall be extended for the period of storage and so long thereafter as oil or gas is produced in paying quantities from the zones or geologic horizons used for that storage.

History

Authority: AS 38.05.020; AS 38.05.180(r)
Eff. 9/5/74, Register 51

11 AAC 83.520 Applications for storage lease

Applications for storage leases must comply with 11 AAC 88.105 and be accompanied by

(1) three copies of a proposed form of storage lease if necessary; and

(2) supporting data demonstrating the feasibility of the proposed storage project.

History

Authority: AS 38.05.020; AS 38.05.145
Eff. 9/5/74, Register 51; am 12/26/2019, Register 232

Article 6 Federal Leases and Preference Rights on Alaska Lands

11 AAC 83.600 Date of transfer - Uplands and shorelands

The effective date of the transfer of the lessor's interest under leases transferred from the United States to Alaska is the effective date of patent, or the date on which the land subject to the leases is transferred from the United States to Alaska, whichever is applicable.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(o)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.605 Notice of patent

Promptly upon receipt of a lease from the federal government, the commissioner will mail notice to the lessee of record and to any operator whose operating agreement has been approved, stating the effective date of the patent and that all payments accruing after that effective date must be made as directed by the commissioner.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.610 Exchange

Repealed 7/22/79.

11 AAC 83.615 Substitution of lessor

Upon the transfer of a federal lease to the state, Alaska succeeds as the lessor, and all obligations accruing after that date are owed to Alaska, and all payments, reports, notices, applications, and similar matters required or permitted under the lease must, after that date, be addressed as directed by the commissioner. The commissioner is authorized to enforce all obligations, give all notices, make all determinations and do all other things that any officer or representative of the United States could do if the lease remained a federal lease.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(o)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.620 Rental payment

The failure to timely pay rental to Alaska for the first and second lease years commencing after the effective date of the transfer of the lease to Alaska does not terminate the lease if the rental payment was made to the United States within the time allowed, and either the payment is transmitted to Alaska by the United States or the lessee makes payment to Alaska within 30 days after receiving written notice demanding the payment.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

11 AAC 83.625 Shorelands preference rights: general

For the purposes of AS 38.05, "shorelands" means that land belonging to the State of Alaska which is covered by nontidal waters that are navigable under the laws of the United States up to the ordinary high water mark, as modified by accretion, erosion, or reliction before September 5, 1974 or after September 4, 1974. This land does not include tideland which is periodically covered by tidal waters between the elevation of mean high and mean low tides, nor does it include submerged land, bays, or estuaries that are subject to the ebb and flow of the tide.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(o)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

11 AAC 83.630 Shorelands preference rights: lease application

(a) After determination of navigability, the holder of a federal or private upland lease, on his own motion or within 30 days from receipt of notice from the commissioner, may apply for and will be issued a State of Alaska lease covering any land within the exterior boundaries of the federal or private lease which has been excluded from the lease on the basis of navigability. The term of the State of Alaska lease will conform to the primary term of the federal or private lease giving rise to the preference right, including any extended term of it.

(b) No attempt to segregate the shoreland preference right from the federal or private lease by assignment will be approved by the commissioner. If a partial assignment of the federal or private lease is made, the shoreland within the section or aliquot part of the section is subject to the assignment.

History

Authority: AS 38.05.020; AS 38.05.145(a)AS 38.05.180(o)
Eff. 9/5/74, Register 51; am 7/22/79, Register 71

Article 7 Work Commitment

11 AAC 83.700 Work commitment

(a) If a work commitment is a condition of a lease, the terms of the work commitment will be specified in the notice of sale. The work commitment will state the minimum requirement for exploration and development on each lease. The lessee shall file reports with the commissioner substantiating adherence to the work commitment terms.

(b) The commissioner will, in his or her discretion, alter or abrogate the terms of the work commitment if the lessee demonstrates to the satisfaction of the commissioner that the lease will be unproductive or uneconomic under the terms of the work commitment.

(d) The commissioner will, in his or her discretion, grant a single waiver of any term of a work commitment imposed on a lease under (a) of this section for a period not to exceed two years if the commissioner makes a written finding that conditions preventing fulfillment of the work commitment were beyond the lessee's reasonable ability to foresee or control. The commissioner will consider the following factors when determining whether the conditions preventing fulfillment of the work commitment were beyond the lessee's reasonable ability to foresee or control:

(1) the lessee's statement of the conditions that prevented fulfillment of the work commitment;

(2) the lessee's explanation of how those conditions prevented fulfillment of the work commitment;

(3) the lessee's explanation of how and why the lessee did not foresee or failed to avoid the conditions that prevented fulfillment of the work commitment;

(4) the lessee's explanation of why the conditions that prevented fulfillment of the work commitment were beyond the lessee's reasonable control;

(5) the lessee's plans to remedy the conditions that prevented fulfillment of the work commitment during the initial term of the work commitment;

(6) the lessee's plans to fulfill the terms of the work commitment during the term of the waiver; and

(7) other relevant information.

(e) The commissioner will, in his or her discretion, grant a single waiver of any term of a work commitment imposed on a lease under (a) of this section for a period not to exceed two years if the commissioner makes a written finding that the lessee has demonstrated, through good faith efforts, the intent and ability to fulfill the terms of the work commitment during the term of the waiver. The commissioner will consider the following factors when determining whether a lessee has demonstrated the intent and ability to fulfill the terms of a work commitment during the term of any waiver that may be granted:

(1) whether the lessee has undertaken appropriate actions to fulfill the work commitment, including but not limited to having acquired permits, materials, and financing necessary to fulfill the work commitment;

(2) reasons why fulfillment of the work commitment during the term of any waiver that may be granted is more likely than it was during the initial term of the work commitment;

(3) the lessee's specific plans and actions to be taken to fulfill the work commitment during the term of the waiver; and

(4) other relevant information.

(f) The length of time for a waiver granted under (e) of this section will be based on the time determined by the commissioner to be needed for the lessee to take the specific actions planned by the lessee to fulfill the work commitment during the term of the waiver.

(g) If a lessee fails to meet any term of work commitment by its due date, the lease will automatically terminate. In addition, any penalty provisions established by the commissioner in the work commitment stipulation or as a condition to any extension, alteration, or waiver will take effect immediately if the work commitment is not completed by its due date. For purposes of this subsection, the due date for a work commitment is its original due date under the work commitment stipulation to the lease, plus any additional time granted by extension, alteration, or waiver of the work commitment.

(h) As a condition of waiver of any term of a minimum work commitment under (e) of this section, the commissioner will, in his or her discretion, require the lessee to post a performance bond or other security acceptable to the commissioner. The amount of the performance bond or other security, if required, will be set by the commissioner in an amount not to exceed $100,000 for each lease. The bond or other security will be released to the lessee upon fulfillment of the work commitment. If, before the end of the waiver period granted under (e) of this section, the commissioner agrees to alter or abrogate the terms of the work commitment under (b) or (c) of this section, part of the bond or other acceptable security will forfeit automatically to the state in proportion to the portion of the waiver period that has elapsed, unless forfeiture is waived by the commissioner. If the work commitment is not fulfilled by the end of the waiver period, the performance bond or other security will forfeit automatically to the state. The commissioner will, in his or her discretion, establish additional terms or penalties as a condition of waiver of a work commitment.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 9/25/85, Register 95

11 AAC 83.705 Work commitment modification

Application for modification of a work commitment under AS 38.05.180(h) must comply with 11 AAC 88.105 and must

(1) state all the facts that may entitle the applicant to a modification of the work commitment;

(2) state the location and status of all past and present activities on the lease;

(3) contain a detailed report of all activity on the lease preceding the filing of the application and must include an accounting for all expenses and costs of operating the lease;

(4) be filed not later than 30 days before the existing deadline for the fulfillment of the term of the work commitment the lessee wishes to be modified;

(5) address all pertinent factors listed in 11 AAC 83.700(b) - (e), as appropriate; and

(6) in connection with an application for a waiver under 11 AAC 83.700(e), affirm the lessee's readiness and ability to post a performance bond or to provide other security acceptable to the commissioner to assure fulfillment of the work commitment.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 9/25/85, Register 95

Article 8 Exploration Incentive Credit

11 AAC 83.800 Exploration incentive credits

(a) If the commissioner receives a request for exploration incentive credit, the commissioner will, in his discretion, allow credits for expenditures for both exploratory wells and geophysical work against

(1) oil and gas royalty payable in-value and rental payments payable to the state; or

(2) taxes payable under AS 43.55.

(b) The period during which exploration incentive credits may be earned and used and the percent of the exploration expenditures that will be allowed for credits in a particular region will be established by the commissioner and will be announced no sooner than two years before the sale but in no event later than the date of the notice of sale. The period during which exploration incentive credits may be earned and used may be extended at the discretion of the commissioner. Exploration incentive credits may be assigned. A notice of assignment must be filed with the commissioner on forms prescribed by the department.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 8/15/82, Register 83

11 AAC 83.805 Credit for exploratory wells

Credits may be earned only for one well per sale tract as that tract is defined on the day of a competitive oil and gas lease sale. Actual footage drilled in exploratory wells may earn exploration incentive credits at a rate established by the commissioner. In place of credit for actual footage drilled, expenditures for other operations related to the well will be considered for credit in the following manner:

(1) The cost of constructing and preparing the drilling location will be credited on a case-by-case basis at the discretion of the commissioner, who will determine the specific costs applicable to the exploratory well.

(2) Credits for other costs incurred by the lessee when drilling the exploratory well will also be considered on a case-by-case basis.

(3) At the request of the commissioner, the lessee shall submit all cost information necessary to determine the accuracy of the requested credits. If more than one company participates in drilling the exploratory well, then credit will be allowed in proportion to the participation in the drilling cost of the well.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 3/30/84, Register 89

11 AAC 83.810 Credit for geophysical work

(a) Geophysical exploration costs may be credited at a rate approved by the commissioner in the following manner:

(1) If the applicant desires credits for geophysical work, copies of the geophysical data obtained during the credit time period must be submitted to the commissioner within 90 days after completion of collection and processing of data.

(2) The commissioner will inspect the information submitted to ensure that the geophysical work was conducted according to accepted standards of geophysical practice before granting credits.

(3) The applicant is responsible for submitting correct information, for advising the state of any erroneous data previously submitted, and for correcting all errors in the geophysical information.

(b) Credits may be considered for geophysical work performed during the two seasons before the scheduled sale date.

(c) Geophysical information which accompanies an application under 11 AAC 83.815 for geophysical exploration incentive credits, including information submitted under (a)(1) - (a)(3) of this section, will be made public 30 days after the lease sale date.

History

Authority: AS 38.05.022; AS 38.05.180
Eff. 11/9/79, Register 72; am 3/18/83, Register 85

11 AAC 83.815 Filing of statements

(a) Applications for determinations of total exploration incentive credits must be signed and notarized by the lessee or its authorized representative and contain a statement attesting to the truth and accuracy of the information submitted. Applications must be submitted in triplicate to the commissioner and must include an accounting of expenditures and the date the expenditure was made.

(b) Applications for geophysical work credits must be signed and notarized by the person performing the work or his authorized representative and contain a statement attesting to the truth and accuracy of the information submitted. Applications must be submitted in triplicate to the commissioner and contain copies of the required geophysical information.

(c) The commissioner will, in his discretion, request additional information if an application contains insufficient information to determine the accuracy of the request for credit.

(d) Once exploration incentive credit is granted by the commissioner, the commissioner will certify to the grantee the amount of the credit, the work for which the credit was given, the period during which it may be (or has been) earned, and the period during which it may be applied.

(e) Approved credits, when used, must be reported on the monthly royalty or tax payment statement or on the yearly rental payment statement against which they are being applied.

History

Authority: AS 38.05.030; AS 38.05.180
Eff. 11/9/79, Register 72

11 AAC 83.820 Definitions

Unless the context clearly requires a different meaning, as used in 11 AAC 83.800 - 11 AAC 83.820

(1) "commissioner" means the commissioner of the Department of Natural Resources, State of Alaska;

(2) "exploratory well" means a well drilled for the purpose of oil and gas exploration that

(A) is located three miles or more from any other well drilled for oil and gas with all distances measured as the horizontal distance between exploration targets, or

(B) is within three miles from a well drilled for oil and gas, but tests potential hydrocarbon traps that the commissioner, after analyzing evidence submitted by the lessee and other information, determines constitute a distinctly separate exploration target;

(3) "geophysical exploration season" means one year;

(4) "geophysical information" means the raw field data and all information necessary to compute, process, and prepare the field data for geological interpretation; for seismic work, this data includes the standard processed sections that are stacked after filtering and correction for statics and normal moveout;

(5) "geophysical work" means all geophysical methods used in hydrocarbon exploration and for the determination of geologic hazards, including but not limited to seismic, gravity, magnetic and electromagnetic measurements;

(6) "tax" means payments due under AS 43.55 or its successor tax;

(7) "actual footage drilled" means the well's measured depth, and may include sidetracking or redrilling necessary to reach the originally proposed bottom-hole location.

History

Authority: AS 38.05.020; AS 38.05.180
Eff. 11/9/79, Register 72; am 3/30/84, Register 89

Authority: AS 38.05.020(b)
Eff. 3/26/81, Register 77

Article 10 Cook Inlet Discovery Royalty

11 AAC 83.1000 Cook Inlet discovery royalty

A lessee that drills a well making a discovery of oil or gas in a previously undiscovered pool in the Cook Inlet sedimentary basin and complies with the requirements of 11 AAC 83.1000 - 11 AAC 83.1049 shall pay a royalty of five percent on all production from that pool produced from or allocated to the discovery lease for 10 years following the date of discovery. If the lessee discovers more than one pool in the discovery well, the commissioner will grant a discovery royalty to each pool that qualifies under 11 AAC 83.1000 - 11 AAC 83.1049.

11 AAC 83.1010 Statement of discovery

(a) To establish priority as to time and date of discovery of oil or gas in a pool described in 11 AAC 83.1000, the lessee shall file a nonconfidential sworn statement with the commissioner claiming to be the first to have drilled a well making the discovery.

(b) The lessee shall file the statement described in (a) of this section within 30 days after the date of discovery. The statement must include:

(1) the time and date of discovery;

(2) the surface and bottomhole location of the discovery well;

(3) the location, measured depth, and subsea depth of the wellbore penetration of the top and base of the pool;

(4) the name of the geologic formation containing the pool; and

(5) the Alaska lease number and American Petroleum Institute well number of the discovery well.

(c) Within 10 days of receipt of the statement described in (b) of this section, the commissioner will publish notice of the statement in a newspaper of general statewide circulation and the division's world wide web page on the Internet.

11 AAC 83.1020 Evidence of discovery and production in paying quantities

(a) Within one year of the discovery well completion date, the lessee shall apply to the commissioner for a discovery well certification. The application must be accompanied by evidence to establish the discovery of a previously undiscovered pool and evidence that a well within the pool is capable of production in paying quantities.

(b) The evidence accompanying the application described in (a) of this section must include:

(1) casing records, perforation data, well test information, electric logs, drilling logs, mud logs, information derived from sample cuttings and logs, and the lessee's pre-drilling and post-drilling interpretation of the prospect;

(2) all geophysical and geochemical data, core analyses, age control, and any other information, data, records or interpretations that the lessee deems pertinent; and

(3) the data required under 11 AAC 83.361 to make a certification that a well within the pool is capable of production in paying quantities;

(c) The lessee shall notify the commissioner five days in advance of the flow test required under 11 AAC 83.361 and furnish transportation, if requested, to the commissioner or the commissioner's representative to witness the flow test.

(d) The lessee shall submit the application fee prescribed in 11 AAC 05.110 for the application for Cook Inlet discovery royalty with the application for a discovery well certification.

11 AAC 83.1030 Discovery well certification

(a) Within 10 days after receipt of a complete application for discovery well certification, the commissioner will publish notice of the application in a newspaper of general statewide circulation and the division's world wide web page on the Internet. The notice must state that any interested party who objects to the application shall submit written comments to the commissioner within 30 days of the date of the notice. If an interested party objects to the application, the commissioner will, in the commissioner's discretion, conduct an adjudicative hearing on the application, at which time the commissioner will take testimony from the lessee and any interested party. At least 15 days in advance of the hearing, the commissioner will publish a notice of the hearing in a newspaper of general statewide circulation and the division's world wide web page on the Internet, and notify the lessee and any interested party by certified letter. Within 120 days after the hearing or after the notice of the completed application, if there is no hearing, the commissioner will either deny or grant the application for a discovery well certification.

(b) If the application for discovery well certification is granted, the commissioner will certify:

(1) the lessee discovered a previously undiscovered pool and shall pay a royalty of five percent on all production from that pool, allocated to the discovery lease under an allocation schedule approved by the commissioner, for the 10 years from the date of discovery, and thereafter shall pay a royalty as provided in the discovery lease;

(2) the lessee has established that the pool has a well capable of producing in paying quantities;

(3) another lessee is not eligible for a discovery well certification of that pool;

(4) the lessee shall pay royalty on any other pool under or within the boundaries of the discovery lease as provided in the discovery lease;

(5) the lessee is not entitled to another discovery well certification on the discovery lease; and

(6) the time and date of discovery.

(c) The discovery well certification will be effective as of the date the commissioner determines that the application for discovery well certification submitted under 11 AAC 83.1020 was complete.

11 AAC 83.1040 Revocation or termination of discovery well certification

(a) The commissioner will revoke the discovery well certification if the commissioner determines that any material information that was supplied in the application for discovery well certification was false or erroneous. If the commissioner revokes the certification, the lessee shall pay royalty as provided in the discovery lease on all past and future production from the lease. Any underpaid royalty will bear interest as prescribed in AS 38.05.135(d).

(b) If the discovery lease is terminated for any cause, the five-percent royalty terminates and the commissioner will not certify another discovery well or reinstate the discovery well certification for the pool.

11 AAC 83.1049 Definitions

In 11 AAC 83.1000 - 11 AAC 83.1049, unless the context clearly requires a different meaning:

(1) "commissioner" means the commissioner of the Department of Natural Resources or the commissioner's designee;

(2) "Cook Inlet" means the area bounded by

(A) the north boundary of Township 18 North, Seward Meridian;

(B) the Seward Meridian;

(D) the west boundary of Range 19 West, Seward Meridian;

(3) "date of discovery" means the date that the first acceptable evidence of a discovery is acquired by the lessee;

(4) "discovery" means the first acceptable evidence, as determined by the commissioner, of the existence of a previously undiscovered oil or gas pool by a well;

(5) "discovery lease" means the state oil and gas lease on which the discovery is made;

(6) "discovery well" means the well in which the discovery is made;

(7) "discovery well completion date" means, as applied to a discovery well, the earliest of "well abandonment date," "well completion date," or "well suspension date," as those terms are defined in 20 AAC 25.570;

(8) "division" means the state division of oil and gas in the Department of Natural Resources;

(9) "interested party" means the lessee or owner of the subsurface rights of any tract adjoining the lease for which a leasee applies for a discovery well certification, or any lessee or owner of the subsurface rights who claims to have previously discovered the pool;

(10) "paying quantities" has the meaning given that term by 11 AAC 83.395;

(11) "pool" means an accumulation of oil or gas in a single and separate reservoir that has been discovered by drilling, is characterized by a single natural pressure system, and has a trapping mechanism which is structural, stratigraphic, or both.

Chapter 84 Other Leasable Minerals

Article 2 Phosphates

11 AAC 84.200 Phosphate leasing method

Phosphate lease authorized by AS 38.05.155 are subject to disposition under 11 AAC 82.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

Article 3 Oil Shale

11 AAC 84.300 Oil shale leasing method

Oil shale leases authorized by AS 38.05.160 are subject to disposition under 11 AAC 82.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

Article 4 Sodium

11 AAC 84.400 Sodium leasing method

(a) Sodium leases authorized under AS 38.05.152 for land which the director determines is known to contain valuable deposits of sodium compounds are issued competitively under 11 AAC 82.

(b) Prospecting permits authorized under AS 38.05.152 for land not known to contain valuable deposits of sodium compounds are issued noncompetitively under 11 AAC 82.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

Article 5 Sulphur

11 AAC 84.500 Sulphur leasing method

(a) Sulphur leases authorized under AS 38.05.154 for land which the director determines is known to contain valuable deposits of sulphur are issued competitively under 11 AAC 82.

(b) Prospecting permits authorized under AS 38.05.152 for land not known to contain valuable deposits of sulphur are issued noncompetitively under 11 AAC 82.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

Article 6 Potassium

11 AAC 84.600 Potassium leasing method

(a) Potassium leases authorized under AS 38.05.157 for land which the director determines is known to contain valuable deposits of potassium compounds are issued competitively under 11 AAC 82.

(b) Prospecting permits authorized under AS 38.05.157 for land not known to contain valuable deposits of potassium compounds are issued noncompetitively under 11 AAC 82.

History

Authority: AS 38.05.020; AS 38.05.145(a)
Eff. 9/5/74, Register 51

Article 7 Geothermal Leasing

11 AAC 84.700 Purpose

(a) 11 AAC 84.700 - 11 AAC 84.790 establish procedures for the disposal by competitive lease and by noncompetitive prospecting permit of geothermal resources as defined by AS 38.05.965(6).

(b) Both a noncompetitive prospecting permit and a competitive lease for geothermal resources constitute a disposal of an interest in state land. Any disposal of geothermal resources must be preceded by a determination under AS 38.05.035(e) that the disposal is in the best interest of the state.

(c) The provisions of 11 AAC 82.200 and 11 AAC 82.205 apply to persons who apply for, obtain, or transfer an interest in a geothermal prospecting permit or lease.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 9/5/74, Register 51; am 8/22/82, Register 83; am 5/8/83, Register 86

11 AAC 84.710 Call for applications

(a) In the absence of substantial geologic indications of geothermal resources, a disposal of geothermal resources will be preceded by a call for applications. The commissioner will, in his discretion, commence a call for applications on his own initiative or in response to requests from persons interested in disposals of geothermal resources.

(b) To commence a call for applications, the commissioner will designate a proposed geothermal disposal area, comprised of identified tracts which are compact, contiguous, and consistent with the acreage limitations of AS 38.05.181. The commissioner will invite applications for the tracts during a specified period.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 9/5/74, Register 51; am 8/22/82, Register 83; am 5/8/83, Register 86

11 AAC 84.720 Determination of tracts as competitive or noncompetitive

(a) At the conclusion of the call for applications, the commissioner will determine which tracts within the area subject to the call will be disposed of by competitive lease or noncompetitive prospecting permit, after reviewing available geologic information and the response to the call for applications.

(b) The commissioner will, in his discretion, designate any or all tracts for disposal by competitive lease provided at least two applications have been received for the area in response to the call for applications. However, the commissioner will designate for disposal by competitive lease any tracts which received two or more applications in response to the call for applications.

(c) The commissioner will, in his discretion and subject to a determination under AS 38.05.035(e), issue a noncompetitive prospecting permit under 11 AAC 84.730 for a tract not designated for disposal by competitive lease but receiving an application in response to the call for applications. A tract not designated for disposal by competitive lease and receiving no applications in response to the call for applications is eliminated from further consideration for disposal absent another call for applications including that tract.

(d) The commissioner will, in his discretion, designate an area for disposal by competitive lease and conduct the disposal without a call for applications if the commissioner determines that available geologic information indicates a substantial likelihood of commercial geothermal resources in the area.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 9/5/74, Register 51; am 8/22/82, Register 83; am 5/8/83, Register 86

11 AAC 84.725 Competitive geothermal leases

The competitive bidding procedures established in 11 AAC 82.400 - 11 AAC 82.475 apply to areas designated as competitive geothermal areas under 11 AAC 84.720.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 5/8/83, Register 86

11 AAC 84.730 Noncompetitive geothermal prospecting permits

(a) The commissioner will, in his discretion, issue a noncompetitive geothermal prospecting permit for an initial two-year term to a person exercising a preference right under AS 38.05.181(a), and to a person who submits an application for a tract subject to a call for applications, if the tract is not designated for disposal by competitive lease.

(b) The commissioner will, in his discretion, renew a geothermal prospecting permit issued under this section once for a one-year term, if he finds that the permittee has been unable, despite the exercise of reasonable diligence, to show a discovery of geothermal resources in commercial quantities. In this subsection, "reasonable diligence" means the performance of at least $50 per acre worth of drilling, geological, geochemical, or geophysical work on the permit area for the benefit of the permit area during the initial two-year term.

(c) An application for geothermal prospecting permit renewal under (b) of this section must be submitted no later than 60 days preceding the date on which the geothermal prospecting permit would otherwise expire and must be accompanied by a copy of all geothermal survey data obtained from the lands under permit. The data must include pertinent tests, records, data surveys, and analyses.

(d) If the application for renewal of geothermal prospecting permit meets the conditions of (b) and (c) of this section, the commissioner will issue the renewal of the permit after receipt of rental fees at the rate of $3 per acre of the permit area for the one year.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 8/22/82, Register 83

11 AAC 84.740 Noncompetitive geothermal leases

(a) The commissioner will issue a noncompetitive geothermal lease to a geothermal prospecting permittee if the commissioner determines that the permittee has

(1) submitted information to the commissioner from subsurface test results showing geothermal resources at a temperature and pressure sufficient to meet the requirements of the permittee's proposed development;

(2) discovered geothermal resources in commercial quantities;

(3) complied with the provisions of AS 38.05.181(c) governing conversion from permits to leases; and

(4) received approval of a plan of development under 11 AAC 84.760.

(b) If the term of a geothermal prospecting permit expires while the commissioner is reviewing an application for a noncompetitive geothermal lease under this section, the permit is extended until the permittee is either granted or denied a noncompetitive lease.

(c) In this section, "commercial quantities" means quantities sufficient to yield a return in excess of operating costs, even if drilling and equipment costs may never be repaid and the undertaking considered as a whole may ultimately result in a loss. Quantities are insufficient to yield a return in excess of operating costs unless those quantities, less the costs of transportation and marketing, would produce sufficient revenue to induce a prudent operator to produce and market those quantities.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 8/22/82, Register 83

11 AAC 84.745 Geothermal lease renewal and extension

(a) If, at the expiration of the 10-year primary term of a geothermal lease, the lessee has begun operations necessary to drill a geothermal well using equipment located at the lease area of sufficient size and capacity to drill to the total depth proposed in the plan of exploration for the well, the commissioner will, in his discretion, extend the geothermal lease for one five-year term. In this subsection, "operations necessary to drill a geothermal well" includes drilling, redrilling, sidetracking, or other techniques necessary to reach the bottom hole location proposed in the plan of exploration.

(b) Upon notice to the state that commercial production of geothermal resources from the lease has begun, the commissioner will extend the lease for the duration of commercial production.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 8/22/82, Register 83; am 3/30/84, Register 89

11 AAC 84.750 Plan of operations

(a) Except as provided in (b) of this section, a holder of a geothermal lease or prospecting permit shall have a plan of operations for all or part of the leased area approved by the commissioner before any operations may be undertaken on the area of the geothermal lease or prospecting permit if

(1) the state owns all or part of the surface estate of the lease or prospecting permit area;

(2) the lease reserves a net profit share to the state; or

(3) the state owns all or part of the mineral estate, but the entire surface estate is owned by a party other than the state, and a surface owner requests that the commissioner require and approve a plan of operations for the portion of the leased area owned by that surface owner.

(b) A lease plan of operations is not required for

(1) activities that would not require a land use permit under this title; or

(2) operations undertaken under an approved unit plan of operations in accordance with this title.

(c) Before undertaking operations on the geothermal lease or prospecting permit area, the holder of a geothermal lease or prospecting permit shall provide for full payment of all damages sustained by the owner of the surface estate as well as by the surface owner's lessees and permittees, by reason of entering the land. If the surface estate is owned by a party other than the state, the holder of a geothermal lease or prospecting permit shall also notify the surface owner of his opportunity to request that the commissioner require a plan of operations before allowing operations to be undertaken on the portion of the leased area owned by the requesting surface owner.

(d) Application for approval of a plan of operations must contain sufficient information, based on data reasonably available at the time the plan is submitted for approval, for the commissioner to determine the surface use requirements and impacts directly associated with the proposed operations. An application must include statements and maps or drawings setting out the following:

(1) the sequence and schedule of the operations to be conducted on the lease or prospecting permit area, including the date operations are planned to begin and their planned duration;

(2) projected use requirements directly associated with the proposed operations, including but not limited to the location and design of camps, well sites, test hole sites, pipelines, material sites, water supplies, waste disposal sites, buildings, roads, power operating facilities, utilities, airstrips, and all other facilities and equipment necessary to conduct the proposed operations;

(3) plans for rehabilitation of the affected leased area after completion of operations or phases of those operations;

(4) a description of operating procedures designed to prevent or minimize adverse effects on other natural resources and other uses of the leased area and adjacent areas, including fish and wildlife habitats, historic and archeological sites, and public use areas; and

(5) plans to prevent or control the release of combustible liquids and gases and toxic or noxious liquids or gases.

(e) In approving a plan of operations or an amendment of a plan, the commissioner will require amendments he determines necessary to protect the state's interest. The commissioner will not require any amendment that would be inconsistent with the terms of sale under which the lease was obtained, or with the terms of the lease or prospecting permit itself, or which would deprive the holder of the permit or lease of his right reasonably to explore for and develop geothermal resources on the area of the prospecting permit or lease.

(f) The holder of a geothermal prospecting permit or lease may, with the approval of the commissioner, amend an approved plan of operations.

(g) Upon completion of operations, the holder of a geothermal prospecting permit or lease shall inspect the area of operations and submit a report indicating the completion date of operations and stating any noncompliance of which the permittee or lessee knows, or should reasonably know, with requirements imposed as a condition of approval of the plan.

(h) In submitting a proposed plan of operations for approval, the holder of a geothermal prospecting permit or lease shall provide five copies of the plan.

History

Authority: AS 38.05.020; AS 38.05.130; AS 38.05.181 AS 38.05.035; AS 38.05.145
Eff. 8/22/82, Register 83; am 5/8/83, Register 86; am 12/27/2012, Register 204

11 AAC 84.755 Plan of exploration

(a) Before initiating exploration or prospecting activities that require a land use permit under 11 AAC, a holder of a competitive geothermal lease or a holder of a prospecting permit must submit and receive approval of a plan of exploration.

(b) A plan of exploration must include

(1) a description of the proposed exploration or prospecting activities;

(2) the types of exploratory wells planned, including drilling methods to be used, drilling sequence to be followed, proposed safety measures, drill site and bottom hole locations, and depths of proposed wells; and

(3) the estimated date drilling will commence.

(c) The holder of a geothermal lease issued competitively must update the plan of exploration every two years after issuance of the lease and must

(1) describe in detail the extent to which the lessee carried out the previous plan; and

(2) show, to the satisfaction of the commissioner, that the lessee plans to exercise diligence in the exploration of the area covered by the lease.

(d) A plan of exploration must be modified and reapproved if actual exploration or prospecting activity deviates significantly from that authorized by a previously approved plan.

(e) Within 65 days after receiving a plan of exploration, an updated plan, or a modified plan, the commissioner will approve or disapprove it. If the plan is disapproved, the commissioner will state the reasons for disapproval and will, in his discretion, propose modifications which, if accepted by the holder of the lease or prospecting permit, would qualify the plan for approval.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 8/22/82, Register 83

11 AAC 84.760 Plan of development

(a) Before the issuance of a noncompetitive geothermal lease or before the commencement of the development of geothermal resources, the submission and approval of a plan of development is required of

(1) a holder of a prospecting permit who discovers geothermal resources in commercial quantities and who applies for a noncompetitive geothermal lease under 11 AAC 84.740; and

(2) a holder of a competitive geothermal lease who has discovered geothermal resources.

(b) A plan of development must include

(1) a description of long-range proposed development activities, including plans to drill for underlying geothermal resources, bring the resources into production, and maintain and enhance production once established;

(2) the details of the proposed operations;

(3) the surface location of proposed facilities, drill pads, roads, docks, causeways, material sites, camps, waste disposal sites, water supplies, airstrips, power generating facilities, pipelines, power lines, and any other operation or facility necessary for development of the lease;

(4) the details of the proposal to rehabilitate the area after development ceases; and

(5) a description of plans to prevent or control the release of combustible liquids and gases and toxic or noxious liquids or gases.

(c) The plan of development must be updated whenever it becomes apparent that the actual development will deviate from that outlined in the previously approved plan of development. The update must describe in detail the extent to which the previously approved plan was carried out and, if actual operations have not complied with the previously approved plan, the update must include an explanation of and justification for the noncompliance.

(d) Within 65 days after receiving the proposed update of a plan of development, the commissioner will approve or disapprove the updated plan. If the plan is disapproved, the commissioner will state the reasons for disapproval and will, in his discretion, propose modifications which, if accepted by the permittee or lessee, would qualify the plan for approval.

(e) If a proposed update of a plan of development is disapproved by the commissioner and the lessee does not accept modifications proposed by the commissioner, or if the commissioner determines that there has been an unjustified failure by the lessee to comply with the requirements of the previous plan of development, the commissioner may terminate the lease after 90 days' notice and opportunity to be heard.

(f) The lessee may propose to modify an approved plan of development at any time. The commissioner must approve the modification for it to be effective.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 8/22/82, Register 83

11 AAC 84.770 Royalty

The commissioner will determine before the issuance of a prospecting permit the royalty rate to be applied to the gross revenues derived from the sale, production, or use of geothermal resources, subject to the limitations of AS 38.05.181(g).

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 8/22/82, Register 83

11 AAC 84.780 Confidentiality

The commissioner will keep confidential the following records, files and materials submitted under 11 AAC 84.700 - 11 AAC 84.790 upon request of the applicant, nominator, permittee or lessee under AS 38.05.035(a)(9):

(1) the name of the person applying for a designated individual tract under 11 AAC 84.710(b) until the commissioner determines to proceed with a noncompetitive geothermal disposal for that tract;

(2) the names of the bidders and the amounts of the bids at a geothermal lease sale before the announced time of opening of the bids;

(3) all geological, geophysical and engineering data; and

(4) except as provided in AS 38.05.036, all cost and financial information submitted in support of applications, bonds, leases and similar items.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 8/22/82, Register 83

11 AAC 84.790 Bond

(a) For any geothermal operation under a prospecting permit or lease, a surface-damage bond is required in the amount of at least $10 per acre or $10,000, whichever is greater.

(b) The bond required under (a) of this section will be released upon the following conditions:

(1) the expiration or relinquishment of a geothermal prospecting permit or lease; and

(2) the rehabilitation of the prospecting permit area or the lease area to the satisfaction of the commissioner.

(c) The commissioner will, in his or her discretion, after notice to the holder of a geothermal prospecting permit or lease and a reasonable opportunity for the holder to be heard, require a bond in a reasonable amount greater than the amount specified in (a) of this section, if a greater amount is justified by the nature of the surface and its uses and by the degree of risk involved in the types of operations carried out under a prospecting permit or lease.

(d) Except for unit bonds under 11 AAC 84.940, statewide bonds do not satisfy the requirements of a bond imposed by (a) of this section but they may be considered by the commissioner in determining the need for and the amount of any additional bond under (c) of this section.

History

Authority: AS 38.05.020; AS 38.05.130; AS 38.05.181 AS 38.05.035; AS 38.05.145
Eff. 8/22/82, Register 83; am 3/30/84, Register 89

Article 8 Geothermal Unitization

11 AAC 84.810 Purpose

11 AAC 84.810 - 11 AAC 84.950 establish standards and procedures governing the submission of applications to the commissioner and criteria for approval of unit agreements for the exploration and development of geothermal resources, and standards to be followed in conducting lease operations under a geothermal unit agreement approved by the commissioner.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.815 Criteria

(a) The commissioner will approve a proposed unit agreement for geothermal leases if he makes a written finding that the agreement is necessary or advisable to protect the public interest. The commissioner will approve a proposed unit agreement upon a written finding that it will

(1) promote the conservation of all natural resources, including those of all or part of a geothermal system;

(2) promote the prevention of economic and physical waste; and

(3) provide for the protection of all parties of interest, including the state.

(b) In evaluating the above criteria, the commissioner will consider

(1) the environmental costs and benefits of unitized exploration or development;

(2) the geological and engineering characteristics of the potential geothermal system proposed for unitization;

(3) prior exploration activities in the proposed unit area;

(4) the applicant's plans for exploration or development of the unit area;

(5) the economic costs and benefits to the state and affected parties; and

(6) any other relevant factors, including measures to mitigate impacts identified above, the commissioner determines necessary or advisable to protect the public interest.

(c) The commissioner will consider the criteria in (a) and (b) of this section when evaluating each requested authorization or approval under 11 AAC 84.810 - 11 AAC 84.950, including

(1) an approval of a unit agreement;

(2) an extension or amendment of a unit agreement;

(3) a plan or amendment of a plan of exploration, development, or operations;

(4) a participating area; or

(5) a proposed or revised production or cost allocation formula.

History

Authority: AS 38.05.020; AS 38.05.181; AS 41.06.020 AS 38.05.145; AS 41.06.010; AS 41.06.030
Eff. 5/8/83, Register 86

11 AAC 84.820 Application for unit approval

Any person owning an interest in a geothermal system which is proposed to be committed to a unit which would include a state geothermal lease may propose a unit agreement by applying to the commissioner for approval of the agreement. The following items constitute a complete application for approval:

(1) the unit agreement, including exhibits required under 11 AAC 84.860 and 11 AAC 84.865, executed by the proper parties;

(2) the unit operating agreement executed by the working interest owners, which is submitted for information only and does not require the commissioner's approval for adoption or amendment;

(3) evidence of reasonable efforts made to obtain joinder of any proper party who has refused to join the unit agreement;

(4) all pertinent geological, geophysical, engineering, and well data, and interpretations of those data, directly supporting the application;

(5) an explanation of proposed modifications, if any, of the standard state unit agreement form; and

(6) the application fee prescribed by 11 AAC 05.110.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 41.06.030
Eff. 5/8/83, Register 86; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 84.825 Public notice

Within 10 days after receipt of a complete application for approval of a unit agreement, expansion of an approved unit under 11 AAC 84.880, or extension of the unit term under 11 AAC 84.855(a)(2), the commissioner will publish notice of the application in a newspaper of general statewide circulation and in a newspaper serving the locality in which the unit or proposed unit is located. In addition, the commissioner will, in his discretion, publish notice by radio, television, or other electronic media. If the unit or proposed unit is within the boundary of an organized borough, municipality, regional corporation, or a village corporation organized under Section 8(a) of the Alaska Native Claims Settlement Act, the notice will be mailed to the chief executive officer of the borough or municipality or designated representative of the corporate entity. The notice will also be mailed to the postmaster of each permanent settlement of more than 25 persons located within six miles of the proposed unit area. In the case of a proposed unit expansion, a copy of the notice will be mailed to the unit operator. The notice will include

(1) the name and address of the applicant, and the location of the unit or proposed unit;

(2) a statement explaining the nature of the approval sought;

(3) a statement indicating where copies of the nonconfidential portions of the application may be obtained; and

(4) a statement that any person may file written comments on the application with the commissioner within 30 days after publication of the notice.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 38.05.945
Eff. 5/8/83, Register 86

11 AAC 84.830 Unit approval

(a) Within 60 days after the close of the public comment period required by 11 AAC 84.825, the commissioner will issue a written decision, approving or disapproving the unit agreement, in which he states the basis for his decision after considering the provisions of 11 AAC 84.815.

(b) If the commissioner determines that the provisions of 11 AAC 84.815 are not met, the commissioner will, in his discretion, propose modifications which, if accepted by the parties to the proposed unit agreement, would qualify the agreement for approval.

(c) No unit will be approved unless parties to the unit agreement hold sufficient interests in the unit area to give reasonably effective control of operations.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.030
Eff. 5/8/83, Register 86

11 AAC 84.835 Copies of application required

In submitting an application under 11 AAC 84.810 - 11 AAC 84.950, the applicant must provide five copies of the nonconfidential portions of the pertinent agreement, plan, modification, or other instrument or document for which approval is sought and two copies of any confidential material submitted. Ten copies of unit plans of operations are required for activities within the coastal zone.

History

Authority: AS 38.05.020; AS 38.05.145
Eff. 5/8/83, Register 86

11 AAC 84.840 Standard unit agreement

(a) Except as provided in 11 AAC 84.945, and as otherwise provided in this section, a unit agreement must be executed on, or in a manner consistent with, a standard state unit agreement form.

(b) The commissioner will allow a modification of the standard state unit agreement form upon request by the unit applicant, when the commissioner determines that the modification is reasonably required to meet the needs and requirements of the particular unit considering the facts and conditions found to exist with respect to that unit, and the proposed modification meets the provisions of 11 AAC 84.815. The commissioner will require a modification of the standard state unit agreement form if required to meet the provisions of 11 AAC 84.815. Any request by the unit applicant for modification of the standard state unit agreement form must be made in writing not later than the time an application is submitted for approval under 11 AAC 84.820 and must include an explanation of proposed modifications.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.181
Eff. 5/8/83, Register 86

11 AAC 84.845 Parties

The record owners of any right, title, or interest in the geothermal system or potential geothermal system to be included in a unit are the proper parties to the unit agreement. All proper parties must be invited to join the unit agreement.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.030
Eff. 5/8/83, Register 86

11 AAC 84.850 Unit operator

(a) A unit operator must be qualified to hold a lease as provided in 11 AAC 82.200 - 11 AAC 82.205, and must be qualified to fulfill the duties and obligations prescribed in the unit agreement.

(b) The unit operator may be a working interest owner in the unit area or may be a party selected by the working interest owners.

(c) No designation or change of the unit operator becomes effective until approved by the commissioner. The commissioner will approve or disapprove a proposed change of the unit operator within 30 days after receipt of the request and will explain in writing his basis for disapproval.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.855 Effective date and term of unit agreement

(a) A unit agreement becomes effective upon approval by the commissioner and automatically terminates five years from the effective date unless

(1) a geothermal well in the unit area has been certified as capable of producing geothermal resources in paying quantities, in which case the unit agreement will remain in effect for so long as geothermal resources are produced in paying quantities from the unit area, or for so long as geothermal resources can be produced in paying quantities and unit operations are being conducted in accordance with an approved unit plan of exploration or development, or, should production cease, for so long after that as diligent operations are in progress to restore production and then so long after that as geothermal resources are produced in paying quantities; or

(2) exploration operations have been conducted in accordance with an approved unit plan of exploration, and the commissioner, after issuing written notice under 11 AAC 84.825, issues a written decision extending the unit term in which he states the basis for his decision, considering the provisions of 11 AAC 84.815; no single extension will exceed five years.

(b) If a suspension of unit operations or production on all or part of the unit area has been ordered or approved under federal, state, or local law, or, if the commissioner determines that the unit operator has been prevented, despite good faith efforts, from complying with any express or implied promise, term, condition, or covenant of the unit agreement, or from conducting exploration, development, production, transportation, or marketing operations on or from the unitized area by reason of force majeure, the unit operator's obligation to comply with that provision will be held in abeyance, but not voided, and the commissioner will extend the term of the unit agreement for a period of time equal to the time lost under the unit term due to the suspension or prevention by force majeure. If unit operations or production are prevented under this subsection and the continuation of those operations or production without suspension or prevention would have had the effect of extending the unit agreement, the unit agreement does not terminate during the period in which operations or production are suspended or prevented plus a reasonable time after that, which will not be less than six months, for the unit operator to resume operations or production. Nothing in this subsection holds in abeyance the obligation to pay rentals, royalties, or other production or profit-based payments to the State of Alaska from operations or production in the unitized area which are not suspended or prevented, or from operations or production which are unrelated to any suspension or prevention. For the purposes of this subsection, any seasonal restriction on operations or production or other conditions specifically required or imposed as a term of sale of an original lease, or as a condition required for unit agreement approval will not be considered a suspension of operations or production ordered under law, or prevention due to force majeure. However, upon application to the commissioner, seasonal restrictions on operations or production imposed after approval of a unit agreement will be considered a suspension of operations or production ordered under law.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.860 Unit plan of exploration

(a) Unless a unit plan of development is filed under 11 AAC 84.865, a unit plan of exploration must be filed for approval by the commissioner as an exhibit to the unit agreement under 11 AAC 84.820. The plan must describe the applicant's proposed exploration activities, including the proposed bottom-hole locations, and well depths, and the estimated date drilling will commence. All exploration operations must be conducted under an approved plan of exploration. The commissioner will approve a unit plan of exploration if it complies with the provisions of 11 AAC 84.815. If the proposed unit plan of exploration is disapproved, the commissioner will, in his discretion, propose modifications which, if accepted by the unit operator, would qualify the plan for approval.

(b) The unit plan of exploration must be updated and submitted to the commissioner for approval at least 60 days before the expiration date of the previously approved plan, as set out in that plan. The update must describe the extent to which requirements of the previously approved plan were achieved; if actual operations deviated from or did not comply with the previously approved plan, an explanation of the deviation or non-compliance must be included in the update. Within 10 days after receipt of plans of exploration, the commissioner will inform the unit operator as to whether a proposed unit plan of exploration is complete. After the commissioner has determined that a unit plan of exploration is complete, as submitted or modified by the unit operator following the commissioner's suggestions, the commissioner will have an additional 30 days in which to approve or disapprove the plan; if no action is taken by the commissioner, the unit plan of exploration is approved.

(c) The commissioner will approve an update of the unit plan of exploration if it complies with the provisions of 11 AAC 84.815. If the proposed update of a unit plan of exploration is disapproved, the commissioner will, in his discretion, propose modifications which, if accepted by the unit operator, would qualify the plan for approval.

(d) The unit operator shall submit an annual report to the commissioner describing the operations conducted under the unit plan of exploration during the preceding year.

(e) The unit operator may, with the approval of the commissioner, amend an approved plan of exploration.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.865 Unit plan of development

(a) A unit plan of development must be filed for approval as an exhibit to the unit agreement if a participating area is proposed for the unit area in accordance with 11 AAC 84.875, or when a geothermal system has become sufficiently delineated so that a prudent operator would initiate development activities in that geothermal system. All development operations must be conducted under an approved unit plan of development. A unit plan of development must contain sufficient information for the commissioner to determine whether the plan is consistent with the provisions of 11 AAC 84.815. The plan must include a description of the proposed development activities based on data reasonably available at the time the plan is submitted for approval as well as plans for the exploration or delineation of any land in the unit not included in a participating area. The plan must include, to the extent available information exists,

(1) long-range proposed development activities for the unit, including plans to delineate all underlying geothermal systems, bring the geothermal systems into production, and maintain and enhance production once established;

(2) plans for the exploration or delineation of any land in the unit not included in a participating area;

(3) details of the proposed operations for at least one year following submission of the plan;

(4) the surface location of proposed facilities, drill pads, roads, docks, causeways, material sites, base camps, waste disposal sites, water supplies, airstrips, power generating facilities, pipelines, power lines, and any other operations or facilities necessary for unit operations; and

(5) a description of plans to prevent or control the release of combustible liquids and gases, and toxic or noxious liquids or gases.

(b) The commissioner will approve the unit plan of development if it complies with the provisions of 11 AAC 84.815. If the proposed unit plan of development is disapproved, the commissioner will, in his discretion, propose modifications which, if accepted by the unit operator, would qualify the plan for approval.

(c) The unit plan of development must be updated and submitted to the commissioner for approval at least 90 days before the expiration date of the previously approved plan, as set out in that plan. The update must describe the extent to which the requirements of the previously approved plan were achieved; if actual operations deviated from or did not comply with the previously approved plan, an explanation of the deviation or non-compliance must be included in the update. The commissioner will approve the updated unit plan of development if it complies with the provisions of 11 AAC 84.815. If the proposed update of a unit plan of development is disapproved, the commissioner will, in his discretion, propose modifications which, if accepted by the unit operator, would qualify the plan for approval. Within 10 days after filing an updated unit plan of development, the commissioner will inform the unit operator as to whether the proposed unit plan of development is complete. After the commissioner has determined that a unit plan of development is complete as submitted, or as modified by the unit operator following the commissioner's suggestions, the commissioner will have an additional 60 days in which to approve or disapprove the plan; if no action is taken by the commissioner, the unit plan of development is approved.

(d) The unit operator shall submit an annual report to the commissioner describing the operations conducted under the unit plan of development during the preceding year.

(e) The unit operator may, with the approval of the commissioner, amend an approved plan of development.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.870 Unit plan of operations

(1) the state owns all or part of the surface estate of the unit area;

(2) the unit includes a lease that reserves a net profit share to the state; or

(3) the state owns all or part of the mineral estate, but the entire surface estate of the unit area is owned by a party other than the state, and a surface owner requests that a unit plan of operations be required by the commissioner for the portion of the unit area owned by that surface owner.

(b) A unit plan of operations will not be required by the commissioner for activities that would not require a land use permit under this title.

(c) Before undertaking operations on the unit area, the unit operator shall provide for full payment of all damages sustained by the owner of the surface estate as well as by the surface owner's lessees and permittees, by reason of entering the land. If the surface estate is owned by a party other than the state, the unit operator shall also notify the surface owner of his opportunity to request that the commissioner require a plan of operations before allowing operations to be undertaken on the portion of the unit area owned by the requesting surface owner.

(1) the sequence and schedule of the operations to be conducted in the unit area, including the date operations are proposed to begin and their proposed duration;

(3) plans for rehabilitation of the affected unit area after completion of operations or phases of those operations; and

(f) The unit operator may, with approval of the commissioner, amend an approved plan of operations.

(g) Upon completion of operations, the unit operator shall inspect the area of operations and submit a report indicating the completion date of operations and stating any known noncompliance of which the unit operator knows, or should reasonably know, with requirements imposed as a condition of approval of the plan.

History

Authority: AS 38.05.020; AS 38.05.145; AS 41.06.020 AS 38.05.130; AS 38.05.181; AS 41.06.030
Eff. 5/8/83, Register 86

11 AAC 84.875 Participating area

(a) At least 90 days before sustained unit production from a geothermal system, the unit operator shall submit to the commissioner for approval a description, based on subdivisions of the public land survey or its aliquot parts, of the proposed participating area. The participating area may include only the land reasonably known to be underlain by geothermal resources and known or reasonably estimated through use of geological, geophysical, and engineering data to be capable of producing or contributing to production of geothermal resources in paying quantities. Under 11 AAC 84.905(a), the unit operator shall also submit to the commissioner for approval a proposed division of interest or formula setting out the percentage of production and costs to be allocated to each lease and portion of a lease within the participating area. Upon approval by the commissioner, the area of productivity constitutes the participating area.

(b) A separate participating area must be established as provided in (a) of this section for each geothermal system delineated, except that with the consent of the commissioner and all working interest owners, any two or more reservoirs or participating areas within the unit may be combined into one participating area.

(c) A participating area must be expanded to include acreage reasonably estimated through use of geological, geophysical, and engineering data to be capable of producing or contributing to the production of geothermal resources in paying quantities or contracted to exclude acreage reasonably proven through use of geological, geophysical, and engineering data to be incapable of producing geothermal resources in paying quantities, subject to approval by the commissioner. A revised division of interest or formula allocating production and costs must be submitted for approval under 11 AAC 84.905 at the time of expansion or contraction of a participating area. A revision of a participating area becomes effective the first day of the month in which the revision is approved by the commissioner.

History

Authority: AS 38.05.020; AS 38.05.181; AS 41.06.030 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.880 Unit area; contraction and expansion

(a) A unit must encompass the minimum area required to include all or part of one or more geothermal systems, or all or part of one or more potential geothermal systems.

(b) Ten years after sustained unit production begins, the unit area must be contracted to include only those lands then included in an approved participating area and lands that facilitate production including the immediately adjacent lands necessary for secondary or tertiary recovery, pressure maintenance, reinjection, or cycling operations. The commissioner will, in his discretion, after considering provisions of 11 AAC 84.815, delay contraction of the unit area if the circumstances of a particular unit warrant. If any portion of a lease in included in the participating area, the entire lease will remain committed to the unit.

(c) Any expansion or contraction of the unit area must be based on legal subdivisions of land as defined in 11 AAC 88.185.

(d) No land will be excluded from a unit area due to the depletion of geothermal resources.

(e) Not sooner than 10 years from the effective date of the unit agreement, the commissioner will, in his discretion, contract the unit area to include only that land covered by an approved unit plan of exploration or development, or that land underlain by one or more potential geothermal systems and lands that facilitate production as set out in (b) of this section. Before any contraction of the unit area under this subsection, the commissioner will give the unit operator, the working interest owners, and royalty owners of the leases or portions of leases being excluded, reasonable notice and an opportunity to be heard.

History

Authority: AS 38.05.020; AS 38.05.181; AS 41.06.030 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.885 Certification of well test results

For the purposes of 11 AAC 84.810 - 11 AAC 84.950, a well will be considered capable of producing geothermal resources in paying quantities, as defined in 11 AAC 84.950, when so certified by the commissioner following application by the lessee or unit operator. The commissioner will require the submission of data necessary to make the certification, including all results of the flow test or tests, supporting geological data, and cost data reasonably necessary to show that the production capability of the well satisfies the economic requirements of the paying quantities definition.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.890 Hydrocarbon notification

If quantities of hydrocarbons, helium, or fissionable materials are discovered during exploration or development of a geothermal system, the unit operator shall notify the commissioner within 30 days after discovery.

History

Authority: AS 38.05.020; AS 38.05.181; AS 41.06.040 AS 38.04.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.895 Water rights

(a) Before drilling or constructing a geothermal well or group of wells to be operated in concert, the unit operator shall file an application with the commissioner for approval to drill. The application must contain sufficient information to enable the commissioner to determine whether the operation of any well will interfere with or impair a prior water right. The commissioner will approve construction and operation of any well upon the conditions he considers necessary to protect the public interest if

(1) the proposed geothermal operation will not significantly interfere with or substantially impair a prior water right;

(2) the geothermal owner has acquired through purchase or condemnation adequate water rights to offset the potential interference or impairment; or

(3) the geothermal owner has obtained and dedicated to all affected parties an equivalent amount of replacement water of comparable quality.

(b) The date of filing of the application with the commissioner for approval to drill a geothermal well establishes priority as to later appropriators of nongeothermal fluids.

(c) Geothermal fluids are not subject to appropriation under AS 46.15. No priority of geothermal resources may be established among geothermal owners in a geothermal system.

History

Authority: AS 38.05.020; AS 38.05.181; AS 41.06.020 AS 38.05.145; AS 41.06.050; AS 46.15.020
Eff. 5/8/83, Register 86

11 AAC 84.900 Unit operating agreement

Any revision of the unit operating agreement must be submitted to the commissioner before it takes effect. The unit agreement controls the respective rights and obligations of the unit operator, the working interest owners, the State of Alaska, and royalty interest owners other than the State of Alaska in case of conflict between the unit agreement and the unit operating agreement. Where conflicts exist solely between working interest owners, the unit operating agreement shall control.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.905 Allocation of production and costs

(a) The proposed or revised division of interest or the formula allocating geothermal resource production and unit operating costs among the leases within the unit area may not take effect until approved by the commissioner in writing. When requested by the commissioner, the lessees or unit operator shall promptly file with the commissioner all data that relates to the proposed or revised division of interest or the allocation formula for all leases in the participating area. Before any disapproval of the proposed or revised division of interest or the allocation formula, the commissioner will give the working interest and royalty owners reasonable notice and an opportunity to be heard. After the hearing, the commissioner will approve the proposed or revised division of interest or allocation formula as submitted unless he finds in writing that the formula does not equitably allocate production and costs among the leases.

(b) If there is a separate division of interest or allocation formula among any of the parties holding an interest in the unit that is different from the division of interest or allocation formula approved by the commissioner, the parties to the separate division of interest or allocation formula not approved by the commissioner shall submit a copy of that formula to the commissioner with a statement explaining the reasons for the difference.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.910 Severance

(a) Except as otherwise provided in this section and in 11 AAC 84.880, where only a portion of a lease is committed to a unit agreement approved or prescribed by the commissioner, that commitment constitutes a severance of the lease as to the unitized and nonunitized portions of the lease. The portion of the lease not committed to the unit will be treated as a separate and distinct lease having the same effective date and term of the original lease and may be maintained after that only in accordance with the terms and conditions of the original lease, statutes, and regulations. Any portion of the lease not committed to the unit agreement will not be affected by the unitization or pooling of any other portion of the lease by operations in the unit, or by suspension approved or ordered by the commissioner for the unit under 11 AAC 84.855(b).

(b) The commissioner will, in his discretion, grant up to a two-year extension of the lease term for that portion of a lease not committed to the unit agreement under this section.

(c) A lease having a well certified as capable of production of geothermal resources in paying quantities before commitment to the unit agreement will not be severed.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.915 Default

(a) Failure to comply with any of the terms of an approved unit agreement, including any plans of exploration, development or operations which are a part of the unit agreement, is a default under the unit agreement.

(b) The commissioner will give notice of the default to the unit operator and the defaulting party, if other than the unit operator. The notice will state the nature of the default and include a demand to cure the default by a specific date, which, in the case of failure to pay rentals or royalties, will be a date not less than 90 days after the date of the commissioner's notice of default.

(c) If a default occurs with respect to a unit in which there is no well capable of producing geothermal resources in paying quantities and the default is not cured by the date indicated in the demand, the commissioner will, in his discretion, and after giving the unit operator and defaulting party, if other than the unit operator, reasonable notice and opportunity to be heard, terminate the unit agreement by mailing notice of the termination to the unit operator and defaulting party. Termination is effective upon mailing the notice.

(d) If a default occurs with respect to a unit in which there is a well capable of producing geothermal resources in paying quantities and the default is not cured by the date indicated in the demand, the commissioner will, in his discretion, seek to terminate the unit agreement by judicial proceedings.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.920 Signatures

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.925 Counterparts

The parties may execute any number of counterparts of a unit agreement or may execute a ratification, joinder or consent in a separate instrument. The documents have the same effect as if all parties signed the same instrument.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.930 Notation of approval

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.935 Modification of unit agreement

Any modification of an approved unit agreement is subject to the commissioner's approval.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.035; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.940 Unit bonds

In place of separate bonds required for each lease committed to a unit agreement, the unit operator shall furnish and maintain a statewide geothermal bond under 11 AAC 84.790.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.035; AS 38.05.181
Eff. 5/8/83, Register 86

11 AAC 84.945 Approval of federal units

(a) If the State of Alaska selects or otherwise acquires any federal land which, at the effective date of selection or acquisition, is subject to a federal geothermal resources lease committed to a unit agreement approved in accordance with federal laws and regulations, the unit agreement will be considered to have been approved by the commissioner for all of the purposes of 11 AAC 84.810 - 11 AAC 84.950.

(b) The commissioner will, in his discretion, enter into agreements with the federal government to provide for unitization of state and federal geothermal resource leases overlying a common reservoir or geothermal system. If the agreement permits or requires the commissioner to take any action or enter into any unit agreement which is contrary to or inconsistent with 11 AAC 84.810 - 11 AAC 84.950, the commissioner will, in his discretion, do so after making a written finding that his action or the unit agreement is necessary or advisable to protect the public interest, and will, in all cases, comply with the requirements of AS 38.05, AS 41.06, 11 AAC 84.815 and 11 AAC 84.825.

History

Authority: AS 38.05.020; AS 38.05.181 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

11 AAC 84.950 Definitions

Unless the context clearly requires a different meaning, in 11 AAC 84.810 - 11 AAC 84.950 and in the applicable unit agreements,

(1) "conservation of the natural resources of all or part of a geothermal system" means maximizing the efficient recovery of geothermal resources and minimizing the adverse impacts on surface and other resources;

(2) "commissioner" means the commissioner of the state Department of Natural Resources or his designee;

(3) "force majeure" means war, riots, acts of God, unusually severe weather, or any other cause beyond the unit operator's reasonable ability to foresee or control, and includes operational failure of existing transportation facilities and delays caused by judicial decisions or lack of them;

(5) "unit" means a group of leases covering all or part of one or more geothermal systems subject to a unit agreement; and

(6) "unit agreement" means the agreement executed by the working interest owners and royalty owners creating the unit.

History

Authority: AS 38.05.020; AS 38.05.180; AS 41.06.060 AS 38.05.145; AS 41.06.020
Eff. 5/8/83, Register 86

Article 9 Carbon Storage Licensing and Leasing

11 AAC 84.1000 Minimum qualifications

(a) To meet minimum qualifications for a carbon storage exploration license or carbon storage lease, an applicant must

(1) be a person or entity qualified under AS 38.05.190(a);

(2) prove to the satisfaction of the commissioner that the applicant has sufficient technical background and experience to carry out the exploration and development of the property, including

(A) the ability to undertake and complete large-scale projects involving infrastructure construction or industrial-scale facility operations involving carbon storage, gas storage, hydrocarbon developments, or other similarly complex projects; and

(B) experience obtaining federal or state permits involving carbon storage, oil and gas, mining, environmental compliance, or industrial development permitting; and

(3) provide any additional information requested under 11 AAC 88.115.

(b) The commissioner may consider an applicant's history of compliance with AS 35, AS 38, and this title when determining whether an applicant is qualified to apply for, bid on, or receive an interest in a carbon storage exploration license or carbon storage lease.

11 AAC 84.1005 Carbon storage exploration license applications

(a) An applicant, including an oil and gas lessee under AS 38.05.180, may apply for a carbon storage exploration license

(1) by submitting a proposal to the commissioner as described in AS 38.05.710(a);

(2) in response to a solicitation for competing proposals under AS 38.05.710(b) and 11 AAC 84.1010; or

(3) in response to a discretionary call for proposals issued by the commissioner.

(b) A discretionary call for proposals under (a)(3) of this section will

(1) identify the area offered for licensing;

(2) require that an applicant meet the minimum qualifications for a license required under 11 AAC 84.1000;

(3) propose minimum work commitments;

(4) establish minimum commercial terms that may exceed the requirements of AS 38.05.705(c)(3); and

(5) set the date, time, and manner by which applications responsive to the call for proposals must be submitted.

(c) A proposal for a carbon storage exploration license must be submitted on a form provided by the department or a verbatim copy of the department's form, conform with AS 38.05.710(a) and this section, and include

(1) a description of the lands proposed to be subject to licensing by legal subdivision, section, township, range, and meridian, accompanied by a map depicting the same lands at a scale of 1:250,000 or greater;

(2) a description of the geological formations that the carbon storage exploration license will target;

(3) a list identifying the lessees for all active leases issued under AS 38.05.135 - 38.05.181 within one-half mile of the area proposed in (1) of this subsection;

(4) a proposed annual license fee;

(5) proposed commercial terms;

(6) to comply with AS 38.05.710(a)(2), proposed work commitments that

(A) delineate and characterize the geologic formations for selection of carbon dioxide injection sites based on geologic suitability; and

(B) include the proposed sequence and schedule of operations to be conducted on or in the license area;

(7) an attestation describing how the applicant meets the minimum qualifications required under 11 AAC 84.1000;

(8) designation of an individual who is authorized to receive notices on behalf of the applicant; and

(9) any additional information requested by the department under 11 AAC 88.115.

(d) A license application must encompass a contiguous area reasonably anticipated to cover the entire storage reservoir or reservoirs identified in (c)(2) of this section.

(e) The commissioner may propose modifications to a proposal that, if accepted by the applicant, would qualify the proposal for approval. A proposed modification may include a deadline to submit a revised proposal conforming to (c) of this section.

(f) The commissioner will make a determination under 11 AAC 84.1015 that disposal is in the best interest of the state before approving a carbon storage exploration license proposal. The commissioner will reject a proposal that is not in the state's best interest or that lacks sufficient information to determine whether the proposal is in the state's interests.

11 AAC 84.1010 Call for competing proposals

(a) If the commissioner does not reject a carbon storage exploration license proposal submitted under AS 38.05.710(a) and 11 AAC 84.1005(a)(1), the commissioner will publish notice of the proposal and solicit competing proposals in compliance with AS 38.05.710(b).

(b) A competing proposal for a carbon storage exploration license must comply with 11 AAC 84.1005(c) and must be received by the department within 90 days after publication of the commissioner's solicitation for competing proposals unless the commissioner specifies a shorter time period in the public notice. The time allowed to submit competing proposals may not be less than 30 days.

11 AAC 84.1015 Best interest findings

(a) If the commissioner does not reject a proposal received under 11 AAC 84.1005, the commissioner will issue a written finding under AS 38.05.710(c), 38.05.035(e), and this section to determine whether issuance of a carbon storage exploration license is in the state's best interest. A best interest finding will discuss facts within the scope of the administrative review established under AS 38.05.710(c) that are known to the commissioner at the time of preparation of the finding and will include

(1) property descriptions and locations;

(2) geological structure descriptions and locations;

(3) current and projected uses in the area, including competing uses of the area or land, that may include oil and gas leases, hydrocarbon storage, mining, and renewable energy;

(4) reasonably foreseeable cumulative effects of carbon storage exploration or lease operations, including potential economic effects and effects on municipalities and communities in the area;

(5) license and lease stipulations and mitigation measures, and a discussion of the protections offered by the measures;

(6) whether the applicant is qualified under 11 AAC 84.1000;

(7) commercial terms required under AS 38.05.705 and 38.05.710(c)(2); and

(8) any issues raised during the public comment period.

(b) If there are competing proposals under AS 38.05.710 and 11 AAC 84.1010, the commissioner's finding under (a) of this section will also

(1) discuss the bid variable adopted by the commissioner; and

(2) identify the qualified participants from the call for competing proposals.

11 AAC 84.1020 Competitive bidding procedure; assessment criteria

(a) If the department receives competing proposals from qualified applicants and the written finding of the commissioner concludes that a carbon storage exploration license should be issued, the commissioner will issue an invitation to each qualified applicant to submit a sealed bid on a form supplied by the department. The invitation to bid will

(1) be issued concurrent with the written finding;

(2) describe the area offered for licensing;

(3) designate the date a sealed bid must be received by the commissioner;

(4) include the finding under AS 38.05.710(c) and 11 AAC 84.1015, the exploration license and lease forms that will be used, and a bid form;

(5) specify the terms and conditions of bidding and sale, including any bid deposit if required by the commissioner;

(6) specify the bid variable as described in (g) of this section; and

(7) disclose additional information and set out additional requirements as the commissioner determines to be necessary.

(b) The commissioner will notify each applicant of the commissioner's decision to accept or reject that applicant's sealed bid.

(c) After the bidding period closes, if a lessee that was granted a right to match a winning bid under AS 38.05.710(g) submitted a bid but was not the successful bidder, the commissioner will provide the lessee the terms of the successful bid and provide the lessee 30 days to affirm in writing whether the lessee will match the successful bid. If the lessee declines to match the terms of the successful bid or fails to respond within 30 days, the commissioner will award the exploration license to the highest bidder.

(d) The successful bidder shall wire transfer the first-year license fee, submit two executed copies of the exploration license form, and file any required security with the department not later than 30 days after receiving notification of the award.

(e) If a successful bidder fails to comply with (d) of this section, any bid deposit and the license award is forfeited. The commissioner may award the exploration license to the next successive highest bidder.

(f) If the commissioner requires a bid deposit, the bid deposit will be held until a license is awarded or until the commissioner decides not to award the license.

(g) The commissioner will choose a bid variable, which may consist of a cash bonus, injection charge, minimum guaranteed annual payment, share of gross revenues, or other bid variable in order to assess competing proposals. The best interest finding under 11 AAC 84.1015 will contain the rationale for the selected bid variable.

11 AAC 84.1025 License administration

A licensee shall, on or before the anniversary of the effective date of a carbon storage exploration license, deliver to the department

(1) an annual report detailing the activities in the previous year and planned activity in the coming year in accordance with the work commitment adopted under the license;

(2) all geologic data and geophysical data obtained under the license; and

(3) the annual fee required under the license.

11 AAC 84.1030 Default by licensee; termination, revocation, and surrender of a license

(a) If a licensee fails to comply with a provision of the carbon storage exploration license, the department will send the licensee a notice of default. If the licensee's noncompliance continues for 60 days after the notice of default is issued by the department, the commissioner will terminate the license by issuing a notice of termination to the licensee. Termination is effective upon giving notice.

(b) Notwithstanding (a) of this section, the commissioner may postpone termination of a license for not longer than 12 months if, before expiration of the 60-day default period, the licensee provides the commissioner with a good faith explanation for the delay and an acceptable timeline for compliance.

(c) If a licensee does not apply for a storage facility permit under AS 41.06.105 - 41.06.210 or a licensee's application for a permit under AS 41.06.105 - 41.06.210 is denied by the Alaska Oil and Gas Conservation Commission after the expiration of the initial five-year term of the license, the commissioner will revoke the carbon storage exploration license by issuing notice of revocation to the licensee. Revocation is effective upon giving notice.

(d) A licensee may apply to the commissioner for approval of a voluntary surrender of rights in the land held under a carbon storage exploration license, including a subdivision of the land subject to the license. A surrender is not effective unless approved by the commissioner. A surrender takes effect on the date of approval. A surrender must be filed in accordance with 11 AAC 88.105, but a filing fee is not required.

(e) After a termination or surrender of a carbon storage exploration license under this section, a licensee remains obligated to make all accrued payments and to place the surrendered land in a condition satisfactory to the commissioner.

11 AAC 84.1035 Conversion of carbon storage exploration license to storage lease; lease provisions

(a) A licensee's request to convert a carbon storage exploration license to a carbon storage lease under AS 38.05.715(b) must be submitted to the department at least 60 days prior to the expiration of the license. A licensee may request conversion of all or a part of the licensed area into a carbon storage lease.

(b) A request to convert a carbon storage exploration license to a lease must be in writing, be submitted within the time period required by (a) of this section, provide the legal description, by aliquot part, of the proposed carbon storage lease boundary, and include

(1) delineation of the approved AS 41.06.120 permit boundary;

(2) legal descriptions and ownership of adjoining lands, including lands not owned by the state, and the extent of the licensee's carbon storage leasehold with third parties, if any;

(3) geologic data and geophysical data for any reservoir in which carbon dioxide will be injected;

(4) a proposed plan of development consistent with 11 AAC 84.1065; and

(5) any additional information requested by the department under 11 AAC 88.115.

(c) Prior to the effective date of a conversion under AS 38.05.715 and this section, a licensee may submit a request to modify the commercial terms of a lease under AS 38.05.715(c). A request to modify the commercial terms set out in a license upon conversion to a lease must include

(1) a statement of reasons justifying the need for a change in annual rentals, injection charges, or other commercial terms; if confidential data is included in the statement, the licensee shall file a separate statement containing non-confidential information suitable for public release;

(2) copies of all contracts or agreements regarding

(A) construction, financing, insurance, operation, or development of the carbon storage facility;

(B) sources or supply of carbon dioxide; or

(3) financial statements, information, pro-forma projections, financial models, and other economic data regarding the carbon storage project;

(4) engineering data, specifications, plans, schedules, and other information regarding the proposed development of the carbon storage facility, including wells, surface equipment, and subsurface equipment; and

(5) any additional information requested by the department under 11 AAC 88.115.

(d) If the commissioner determines that the licensee has met the requirements of AS 38.05.705 and 38.05.710 and has satisfied work commitments and other obligations of the license, the commissioner will offer a carbon storage lease to the licensee. The licensee shall have 30 days after the date the lease is issued by the department to execute the lease, provide an executed copy of the lease to the department, and submit payment for the first year's rent to the department.

(e) A carbon storage lease approved under this section will include a provision requiring the lessee, on or before each anniversary date of the lease, to submit to the department all geologic data and geophysical data obtained under the lease.

(f) Upon the licensee's compliance with (d) of this section, the commissioner will execute the lease on behalf of the state and provide an executed copy to the lessee, including the written decision required by AS 38.05.715(c).

(g) The effective date of a carbon storage lease is the first day of the month after the date the lease is executed by the commissioner, or upon prior written request, on the first day of the month in which it was signed on behalf of the state.

11 AAC 84.1040 Transition from enhanced oil recovery operations to carbon storage operations; lease provisions

(a) A lessee under AS 38.05.180 who wishes to engage in carbon storage not associated with enhanced oil or gas recovery must obtain a carbon storage lease under 11 AAC 84.1035 or this section for the reservoir.

(b) An application to the department for a carbon storage lease under AS 38.05.720(a) and this section must be submitted on a form provided by the department or a verbatim copy of the department's form and include

(1) documentation necessary to establish the lessee's qualification for a carbon storage lease, including information required of an applicant for an exploration license under 11 AAC 84.1005;

(2) the legal description, by aliquot part, including a map at a scale of 1:250,000 or greater, of the proposed carbon storage lease boundary, including

(A) delineation of the approved AS 41.06.120 permit boundary, if applicable; and

(B) legal descriptions and ownership of adjoining lands, including lands not owned by the state, and the extent of applicant's carbon storage leasehold with third parties, if any;

(3) a description of the geological formation to be used for carbon storage;

(4) a proposed plan of development consistent with 11 AAC 84.1065;

(5) proposed commercial terms for the carbon storage lease; the department may request additional information and justification on the proposed commercial terms under 11 AAC 88.115;

(6) a designation of an individual who is authorized to receive notices on behalf of the applicant; and

(7) an attestation describing how the applicant meets the minimum qualifications required under 11 AAC 84.1000.

(c) The commissioner will set the annual rent and charge on injected volumes of carbon dioxide required for a lease authorized by AS 38.05.720 and this section. The commissioner may request additional information under 11 AAC 88.115 to determine this amount.

(d) A lease authorized by AS 38.05.720 and this section may only include the geologic horizon corresponding to the reservoir from which the applicant has been actively producing oil or gas under leases issued pursuant to AS 38.05.180.

(e) The commissioner will determine whether a disposal of state land under AS 38.05.035(e) for a lease under AS 38.05.720 is in the best interest of the state by considering the factors provided in 11 AAC 84.1015(a) before authorizing issuance of a lease under this section.

(f) After making a written finding in compliance with (e) of this section, the commissioner will execute the lease on behalf of the state and provide an executed copy to the applicant. The applicant will have 30 days after receipt of the lease form to execute the form, provide a copy of the executed lease to the department, and submit payment for the first year's rental payable to the department.

(g) The effective date of a lease issued under this section is the first day of the month following the date on which the lease is executed on behalf of the state or, upon prior written request, on the first day of the month in which it was executed on behalf of the state.

(h) A carbon storage lease shall include a provision requiring the lessee, on or before each anniversary date of the lease, to submit to the department all geologic data and geophysical data obtained under the lease.

11 AAC 84.1045 Default by lessee; termination and surrender of a carbon storage lease

(a) If a lessee fails to comply with any term of a carbon storage lease, the lessee is in default under the lease agreement.

(b) In the event of default by a lessee, the commissioner will give notice of default to the lessee. The notice will state the nature of the default and include a demand to cure the default by a specific date. In the case of a failure to pay rent or fees, the due date to cure default will be determined by the commissioner. For any other event of default, the date required to cure default will be no less than 90 days after the date of the commissioner's notice of default.

(c) If a default occurs with respect to a carbon storage lease on which there is no carbon storage injection well and the default is not cured by the date indicated in the notice of default, the commissioner will terminate the lease by providing notice of termination to the lessee after giving the defaulting party and any unit operator, if other than the defaulting party, reasonable notice and opportunity to be heard. Termination is effective upon giving the notice.

(d) If a default occurs with respect to a carbon storage lease on which there is a carbon storage injection well, and default is not cured by the date indicated in the notice, the commissioner may consult with an agency that issued the defaulting party a permit, if applicable, and

(1) terminate the carbon storage lease; or

(2) pursue judicial or other remedies to enforce the lease.

(e) All rights in the land held under a carbon storage lease, including a subdivision of the land subject to the lease, may be surrendered by the lessee of record by filing an application for voluntary surrender with the department. A surrender is not effective unless approved by the commissioner. A voluntary surrender request

(1) must be filed in accordance with 11 AAC 88.105, but a filing fee is not required;

(2) must be accompanied by evidence satisfactory to the commissioner that the Alaska Oil and Gas Conservation Commission has

(A) a certification of completion under AS 41.06.170 covering the lease; or

(B) if carbon injection has not occurred, issued an order terminating the carbon storage facility permit; and

(3) if approved, will take effect on the date of commissioner's approval or the date of the order from the Alaska Oil and Gas Conservation Commission, whichever occurs later.

(f) After termination or surrender of a carbon storage lease under this section, the lessee remains obligated to make all accrued payments and to comply with the requirements under AS 38.05.740, and shall promptly file an abandonment and restoration plan under 11 AAC 84.1085.

11 AAC 84.1050 Carbon storage lease unitization

(a) The commissioner will approve a proposed unit agreement upon a written determination that the unit agreement is necessary or advisable to protect the public interest and that the agreement will

(1) promote the maximum utilization of the state's land and resources for the purpose of carbon storage;

(2) promote the prevention of economic and physical waste; and

(3) provide for the protection of all parties of interest, including the state.

(b) In evaluating the criteria set out in (a) of this section, the commissioner will consider

(1) the environmental costs and benefits of unitized development;

(2) the geological and engineering characteristics of the potential carbon storage unit area;

(3) the applicant's carbon storage facility permit or permits under AS 41.06.120;

(4) the economic costs and benefits to the state and affected parties; and

(5) other relevant factors, including measures to mitigate impacts identified above, that the commissioner determines necessary or advisable to protect the public interest.

(c) The commissioner will consider the criteria in (a) of this section when evaluating a requested authorization or approval for

(1) a carbon storage unit agreement;

(2) an extension or amendment of a unit agreement;

(3) a plan of development, plan of operations, or amendment to a plan of development or plan of operations; or

(4) a carbon injection allocation formula.

(d) For joint lands, lands with multiple interest ownership, or if more than one lease is being utilized for carbon storage, a unit agreement must be submitted on, or in a manner consistent with, a department unit agreement form and executed by all lessees with an interest in the unit, the operator of a permit issued under AS 41.06.120, and additional persons as required by the commissioner.

(e) The commissioner may require modification of the department unit agreement form or grant a request by the unit applicant for modification if

(1) the modification is reasonably required to meet the needs and requirements of the unit, considering the facts and conditions found to exist with respect to that unit;

(2) the proposed modification meets the criteria in (a) of this section; and

(3) a request for modification by a unit applicant

(A) is made in writing before the application for the unit under (a) of this section; and

(B) includes an explanation of the proposed modification.

(f) The commissioner may expand or contract a unit area, including in response to a modification to a carbon storage facility permit granted under AS 41.06.120. Before expansion or contraction of a unit area, the commissioner will give the unit operator and each pore space owner reasonable notice and an opportunity to be heard.

(g) Failure to comply with the terms of an approved carbon storage unit agreement, including any plans of exploration, development, or operations that are a part of the unit agreement, is a default under the unit agreement. The commissioner will give notice of the default to a defaulting party. The notice will state the nature of the default and include a demand to cure the default by a specific date not less than 90 days after the date of the commissioner's notice of default. If default is not cured by the date indicated in the notice of default, the commissioner may, after giving reasonable notice and opportunity to be heard, terminate the unit agreement by mailing notice of termination to the defaulting party. Termination is effective upon giving the notice.

11 AAC 84.1055 Assignments

(a) A carbon storage exploration license or carbon storage lease may be assigned, in whole or in part, with the approval of the commissioner after submission of an application for assignment under 11 AAC 84.1060. Upon assignment,

(1) the assignor and the assignor's surety are liable for obligations under the carbon storage exploration license or carbon storage lease that accrue before the commissioner's approval of the assignment; and

(2) beginning on the effective date of the assignment, the assignee and the assignee's surety are liable for the performance of all carbon storage exploration license or carbon storage lease obligations, including any obligations made applicable by the commissioner as a condition of assignment.

(b) If the commissioner rejects an application for an assignment, the licensee's or lessee's obligations continue as though no application for assignment had been made.

(c) When a change of control occurs that would transfer the license or lease interest of one entity to another, the surviving or new entity shall submit to the department

(1) an application under 11 AAC 84.1060;

(2) a signed statement by an officer of the surviving or new entity describing the intended transfer of interests;

(3) a certificate of merger or certificate of consolidation issued by the Department of Commerce, Community, and Economic Development, if applicable;

(4) documentation establishing the entity's compliance with the minimum qualifications required by 11 AAC 84.1000; and

(5) additional information requested under 11 AAC 88.115.

(d) The commissioner may grant an applicant's request for severance or require severance as a condition of approval of an assignment of all or part of a licensee or lessee's interest in the licensed or leased area of a carbon storage exploration license or carbon storage lease. If severance is granted or required, the department will issue a separate license or lease to the assignee with the same effective date and terms as the original license or lease.

(e) The commissioner will either approve or disapprove the assignment of a carbon storage exploration license or carbon storage lease and prepare a written finding that states the reasons for the decision.

11 AAC 84.1060 Application for approval of assignment

(a) An application for approval of assignment must

(1) comply with 11 AAC 88.105;

(2) be filed not later than 90 days after the effective date of the assignor's signature; an assignment not filed within 90 days may be approved, at the discretion of the commissioner, where no intervening interest is filed;

(3) be filed on a form provided by the department; the department may accept an application for approval of assignment that is substantially similar to the department form;

(4) include documentation of approval of a storage facility permit modification by the Alaska Oil and Gas Conservation Commission, if applicable;

(5) provide information necessary to establish that the assignee meets the minimum qualifications required under 11 AAC 84.1000; and

(6) include the filing fee required under 11 AAC 05.110.

(b) The department will not accept an application for approval of assignment that requests assignment of an interest from a single assignor to more than one assignee. The department form may not be altered to provide for multiple party assignments.

(c) If the commissioner approves an assignment, 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 or, upon prior written request, the first day of the month in which the assignment application is filed with the state.

11 AAC 84.1065 Plan of development; application requirements

(a) A plan of development must include, based on data reasonably available at the time the plan is submitted for approval,

(1) sufficient information for the commissioner to determine whether the plan is consistent with 11 AAC 84.1050(a), if applicable;

(2) a detailed description of the proposed development activities for at least one year following submission of the plan;

(3) long-range proposed development activities for the lease or unit, including plans to construct the carbon storage facility, secure and deliver supply of carbon dioxide, commence injection into reservoirs, delineate all underlying storage reservoirs in the lease or unit area, and when it becomes appropriate, prepare for, perform actions, and install equipment necessary for the post-injection monitoring period;

(4) a description of the extent and migration path of existing carbon dioxide plumes within a storage reservoir, including projections and modeling of future plume dimensions based on expected injection volumes; and

(5) the surface location of proposed facilities, drill pads, roads, docks, causeways, material sites, base camps, waste disposal sites, water supplies, airstrips, or other facilities necessary for operations.

(b) The commissioner will approve a plan of development if it complies with (a) of this section and conforms with prior determinations issued under 11 AAC 84.1050(a) or 11 AAC 84.1015. If a proposed plan of development is disapproved, the commissioner may propose modifications that, if accepted by the lessee or unit operator within 20 days, would qualify the plan for approval.

(c) After approval of a plan of development, the lessee or unit operator must submit an annual report to the commissioner that describes the operations conducted under the plan of development during the preceding year.

(d) Not later than 90 days before expiration of an approved plan, the lessee or unit operator must submit an updated plan of development to the commissioner for approval. The update must describe the extent to which the requirements of the previously approved plan were achieved and if operations deviated from, or did not comply with, the previously approved plan. If operations deviated or did not comply, the update must include an explanation of the deviation or noncompliance. Not more than 10 days after receipt of an updated plan of development, the commissioner will inform the lessee or unit operator whether the proposed plan is complete. After the commissioner has determined that an updated plan of development is complete as submitted, or as modified by the lessee or unit operator following the commissioner's suggestions under (b) of this section, the commissioner will approve or disapprove the plan. If the commissioner does not take action on the plan within 60 days after informing the lessee or unit operator that the proposed plan is complete, the updated plan is approved.

(e) The commissioner will approve an updated plan of development if the updated plan complies with (d) of this section and the provisions of 11 AAC 84.1050(a) or 11 AAC 84.1015. If the proposed update of a plan of development is disapproved, the commissioner may propose modifications that, if accepted by the lessee or unit operator within 20 days, would qualify the plan for approval.

(f) A lessee or unit operator may, with the approval of the commissioner, amend an approved plan of development.

11 AAC 84.1070 Plan of operations; application requirements; completion reports

(a) Except as provided in (b) of this section, before operations may be undertaken in an area subject to a carbon storage exploration license, carbon storage lease, or unit agreement, a licensee, lessee, or unit operator must submit an application for approval of a plan of operations for consideration by the commissioner.

(b) The commissioner will not require a plan of operations under AS 38.05.725 for activities undertaken by permit issued under 11 AAC 96.010.

(c) The commissioner will not approve a plan of operations unless the plan provides for payment of all damages sustained by the owner of the surface estate and by the surface owner's lessees and permittees by reason of entering the land.

(1) the sequence and schedule of the operations to be conducted on or in the leased or licensed area, including the date operations are proposed to begin and their proposed duration;

(3) plans for removal, restoration, and rehabilitation of the affected leased or licensed area after completion of operations or phases of those operations; and

(4) a description of operating procedures designed to prevent or minimize adverse effects on natural resources and other uses of the leased or licensed area and adjacent areas, including fish and wildlife habitats, historic and archeological sites, and public use areas.

(e) When reviewing a proposed plan of operations or an amendment of a plan, the commissioner may require modifications that the commissioner determines are necessary to protect the state's interest. The commissioner will not require a modification that is inconsistent with terms under which the carbon storage exploration license was obtained, is inconsistent with terms of the lease or license, or deprives the lessee or licensee of reasonable use of the leasehold or licensed interest.

(f) A lessee, licensee, or unit operator may, with approval of the commissioner, amend an approved plan of operations.

(g) Upon completion of operations, a lessee or licensee shall inspect the area of operations and submit a report to the department that indicates the completion date of operations and states any noncompliance of which the lessee or licensee knows, or should reasonably know, with requirements imposed as a condition of approval of the plan.

11 AAC 84.1075 Surety requirements

(a) Before issuance of a carbon storage exploration license and before operations may commence on a carbon storage lease, the licensee or lessee must furnish a bond in an amount to be determined by the commissioner to the department. The commissioner will determine the bond amount after assessing the qualifications of the licensee or lessee, the nature of the surface, the uses and improvements on or in the vicinity of the licensed or leased land, and the degree of risk involved in the types of operations proposed for the license or lease.

(b) A bond required under (a) of this section must be

(1) a corporate surety bond from a surety company authorized to do business in this state; or

(2) a personal bond accompanied by

(A) an irrevocable letter of credit issued by a bank or other financial institution authorized to do business in the United States;

(B) a certificate of deposit in the amount of the bond, issued in sole favor of the department by a bank or other financial institution authorized to do business in this state;

(D) other security or financial assurance approved by the commissioner.

(c) Every bond or combination of bonds must be conditioned upon performance of each obligation or risk identified by the commissioner in (a) of this section.

(d) The principal on the bond or other surety must be the licensee or lessee of record unless the license or lease is subject to a unit agreement approved by the commissioner, in which case the unit operator may be the principal in place of the licensee or lessee of record.

(e) A bond must be furnished on a form provided by the department.

(f) If a party obligated to obtain a bond or other surety under this section is principal on a bond held to secure a storage facility permit under AS 41.06.120, the party may request that the commissioner offset the bonding required under this section to account for the existing surety. If the commissioner allows an offset for such bonding, the obligated party shall provide an annual report to the commissioner regarding the status of the existing bonding or other surety.

(g) Upon request by a lessee, or a determination by the commissioner, the commissioner may adjust the bonding amount required under this section to account for changed circumstances regarding the obligations and risks identified in (a) of this section.

(h) A bond required under (a) of this section may be released

(1) for a carbon storage exploration license that does not convert to a carbon storage lease under 11 AAC 84.1035, following both expiration of the license and closure of any plan of operations;

(2) for a carbon storage exploration license that converts to a carbon storage lease under 11 AAC 84.1035, following the posting of a required bond for the lease; or

(3) for a carbon storage lease, following the commissioner's certification that the abandonment and restoration plan approved under 11 AAC 84.1085 is complete.

11 AAC 84.1080 Damages

A carbon storage exploration licensee or carbon storage lessee is required to pay damages that become payable under AS 38.05.130 and shall indemnify and hold the state harmless from and against any claims, demands, liabilities, and expenses arising from or in connection with the damage.

11 AAC 84.1085 Abandonment and restoration plan; application for lease closure

(a) Following the cessation of injection operations on a carbon storage lease, the lessee shall submit an abandonment and restoration plan to the commissioner. The plan must detail the lessee's plan for restoring the leased area to a condition satisfactory to the commissioner and

(1) provide for the removal of equipment, facilities, infrastructure, or other improvements from the leased area; or

(2) request approval from the commissioner to leave specific equipment, facilities, infrastructure, or other improvements in place.

(b) The commissioner will either approve the plan submitted by the lessee or propose modifications that, if accepted by the lessee, would qualify the plan for approval.

(d) The commissioner may inspect the lessee's records and conduct site inspections to evaluate whether an approved plan has been complied with.

(e) The lessee shall provide an annual status report detailing the activities undertaken under the abandonment and restoration plan.

(f) A lessee may apply to close a carbon storage lease upon receiving a certificate of completion under AS 41.06.170.

(g) After the Alaska Oil and Gas Conservation Commission issues a certificate of completion under AS 41.06.170, any improvements that the commissioner directs the lessee to leave in place under the abandonment and restoration plan will become the property of the state and the lessee will have no further responsibility for maintenance, repair, abandonment, and rehabilitation for such improvements.

11 AAC 84.1090 Long-term monitoring and maintenance of leased area

(a) The commissioner will not make expenditures from the carbon storage closure trust fund under AS 37.14.850 before the Alaska Oil and Gas Conservation Commission issues a carbon storage facility a certification of completion under AS 41.06.170.

(b) Before the department will certify to the Alaska Oil and Gas Conservation Commission that requirements under AS 41.06.170(b)(6) or (b)(8) have been satisfied with respect to a carbon storage facility, a storage operator shall

(1) consult with the department on the development of a preliminary plan for long-term monitoring and maintenance of the site;

(2) provide verification that payments required under AS 41.06.175 into the carbon storage closure trust fund have been deposited and that no outstanding liabilities are owed to the fund in relation to the facility;

(3) complete the abandonment and restoration plan approved under 11 AAC 84.1085 to the satisfaction of the commissioner; and

(4) submit to the department

(A) data submitted to the Alaska Oil and Gas Conservation Commission;

(B) geologic data or geophysical data regarding the site;

(C) well schematics, equipment specifications, data packages, and any other information regarding equipment or infrastructure to be left in place; and

(D) additional information the commissioner determines is necessary to carry out the department's duties under AS 41.06.305.

(c) When the department exercises its authority to enter land under AS 41.06.305(b), the department will provide notice to and coordinate its activities with the owner of the land if feasible.

11 AAC 84.1095 Confidentiality of records

The department will maintain confidentiality of records under AS 38.05.035(a)(8) upon request of the person supplying the information, excluding

(1) records of derivative products prepared by or on behalf of the department based on geologic, geophysical, or engineering data disclosed to the department by a carbon storage licensee or lessee, following a period of no less than six months after

(A) termination of a license that is not otherwise converted to a carbon storage lease; or

(B) termination of a carbon storage lease; and

(2) information that is already public when disclosed to the department or becomes public after disclosure to the department.

11 AAC 84.1099 Definitions

In 11 AAC 84.1000 - 11 AAC 84.1099,

(1) "assignment" means a transfer of all or part of a licensee's interests in a carbon storage exploration license or a lessee's interest in a carbon storage lease;

(2) "carbon dioxide" has the meaning given in AS 41.06.210;

(3) "carbon storage" means the long-term geologic storage of carbon dioxide in a carbon storage facility permitted under AS 41.06.120 or by the U.S. Environmental Protection Agency as a Class VI well; in this paragraph, "Class VI well" has the meaning given in 40 C.F.R. 144(6)(f) or 40 C.F.R. 146.5(f);

(4) "change of control" means a merger, consolidation, conversion, sale of controlling interest, or sale of substantially all assets of an entity;

(5) "commissioner" means the commissioner of natural resources;

(6) "department" means the department of natural resources;

(7) "geologic data" means information gathered from surface geologic measurements and well and core hole information that is collected in a form suitable for storage, processing, or interpretation; "geologic data" includes mud logs; electric logs; density logs; sonic logs; neutron logs; gamma ray logs; interpretative logs, image logs, dipmeter logs; directional surveys; core (conventional and sidewall) and outcrop sample descriptions and measurements; photos and analyses, including lithologic, porosity and permeability, petrographic, geochemical, thermal maturation, fission track, radiometric dating, fluid inclusion, palynologic, paleontologic, ichnologic, and sedimentologic data and interpretations; sample descriptions; data and analyses from cuttings, including lithologic and petrographic, descriptive and interpreted palynologic and paleontologic, geochemical, and thermal maturation indicators; fluid analysis; drillstem, formation, and other flow tests; and periodic drilling and operating reports; "geologic data" also includes maps, cross sections, fence diagrams and other interpretive displays produced during the term of a license or subsequent lease;

(8) "geophysical data" means measurements and information obtained from electrical surveys, gravity surveys, magnetic surveys, seismic reflection surveys, seismic refraction surveys, and remote sensing; the measurements or information may be in the form of raw field data or data that are the result of processing in a form suitable for storage, processing, or interpretation; "geophysical data" includes geotechnical data;

(9) "pore space" has the meaning given in AS 41.06.210;

(10) "reservoir" has the meaning given in AS 41.06.210;

(11) "storage facility" has the meaning given in AS 41.06.210;

(12) "storage operator" means a person holding or applying for a permit under AS 41.06.

Chapter 85 Coal

Article 1 Competitive Leasing

11 AAC 85.005 Leasing procedures in general

Land designated as competitive for coal leasing purposes will be leased under the procedures provided in this chapter and in 11 AAC 82.400 - 11 AAC 82.475.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82

11 AAC 85.010 Competitive designation

(a) Except as provided in (b) of this section, state land will be designated as competitive for coal leasing purposes if the coal potential of the land for commercial development has been determined to be high or moderate by the division of geological and geophysical surveys after reviewing all available data. Land will be ranked as high potential if potentially commercial reserves are proven by drilling or field investigation. Land will be ranked as moderate potential if the probable existence of potentially commercial reserves is indicated by proximity to coal outcrops or drill holes.

(b) Land may not be designated as competitive for coal leasing purposes if the commissioner determines that there exists an irreconcilable conflict with surface use, and that coal development is not the highest and best use of the land.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82

11 AAC 85.015 Bidding terms

(a) The commissioner will choose an appropriate leasing method and bid variable, including but not limited to, cash bonus, royalty share, or net profit share. The written finding prepared under AS 38.05.035(e) must contain the rationale on which the leasing method decision was based.

(b) Notwithstanding 11 AAC 82.465, the commissioner will, in his discretion, defer up to 50 percent of any cash bonus payments, provided that notice of the deferred bonus payment and method of payment is published before the sale.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82

11 AAC 85.020 Right to reject bids

The commissioner will, in his discretion, reject any or all bids, and offer the lease to the next highest qualified bidder if the successful bidder fails to obtain the lease for any reason. The commissioner will not accept any bid that is less than the minimum bid established before the sale. The commissioner will notify any bidder whose bid has been rejected and include in the notice a statement of the reason for the rejection.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82

Article 2 Noncompetitive Leasing

11 AAC 85.100 Leasing procedures in general

Land designated as noncompetitive for coal leasing purposes will be leased under the procedures provided in this chapter and in 11 AAC 82.500 - 11 AAC 82.540.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82

11 AAC 85.105 Noncompetitive designation

(a) Except as provided in (b) of this section, state land may be designated as noncompetitive for coal leasing purposes if the commissioner determines that

(1) the land does not qualify for competitive leasing under 11 AAC 85.010; or

(2) the land was offered at a competitive sale and no acceptable bids were received.

(b) Land may not be designated as noncompetitive for coal leasing purposes if the commissioner determines that there exists an irreconcilable conflict with surface use, and that coal development is not the highest and best use of the land.

(c) Land opened for noncompetitive leasing before June 18, 1982 is closed for noncompetitive leasing until the land is reevaluated, and opened under 11 AAC 85.205.

(d) Land opened for noncompetitive leasing under (a) of this section is subject to a preferential right of first refusal by a lessee holding an overlying shallow natural gas lease issued under AS 38.05.177.

History

Authority: AS 38.05.020; AS 38.05.150 AS 38.05.145; AS 38.05.177
Eff. 6/18/82, Register 82; am 9/10/98, Register 147

11 AAC 85.106 Leasing of land within or underlying a shallow natural gas lease

(a) This section applies to land included within or underlying a shallow natural gas lease issued under AS 38.05.177.

(b) If land within or underlying a gas lease is available under a first-come, first-served noncompetitive disposal under 11 AAC 83.100 for the purpose of issuing a coal lease, any coal lease applied for and offered for any land within or underlying the gas lease, without regard to depth from surface, will be offered first to the gas lessee. The commissioner will notify the gas lessee of record by certified mail at least 60 days before the issuance of a coal lease that includes land within or underlying a gas lease and will include with the notice a copy of the proposed coal lease and a statement of what the gas lessee must submit to the commissioner if the gas lessee wishes to obtain the proposed coal lease. Any other land included in a coal lease application that is not included within or does not underlie the gas lease will be considered to be applied for separately from the land within or underlying the gas lease and will not be subject to this section. The gas lessee will be awarded the coal lease for the land included within or underlying the gas lease upon receipt by the commissioner, within 30 days of the delivery by certified mail to the lessee of notice of the proposed coal lease disposal, of the following:

(1) a statement of qualifications required under 11 AAC 82.205;

(2) a statement of conformity to acreage limitations required under 11 AAC 85.210;

(3) the coal lease executed by the gas lessee;

(4) funds sufficient to pay any application fee and rentals required to be paid upon execution under the terms of the coal lease in the amount and form specified in the notice from the commissioner; and

(5) any other requirements listed by the commissioner in the notice.

(c) If land within or underlying a gas lease is to be offered by simultaneous filing and drawing in a noncompetitive disposal under 11 AAC 82.515 - 11 AAC 82.525 for the purpose of issuing a coal lease, the commissioner will provide notice of the disposal to the gas lessee by certified mail postmarked at least 60 days prior to the first day of any simultaneous filing period. The gas lessee will be deemed to be the first priority applicant for land applied for that are within or underlying the gas lease upon receipt by the commissioner within the simultaneous filing period of an application from the gas lessee applying for a coal lease covering land within or underlying the gas lease and complying with the requirements of 11 AAC 82.500 - 11 AAC 82.540, 11 AAC 85.210, and any other requirements listed by the commissioner in the notice.

(d) If the gas lessee declines or fails to accept and be awarded a coal lease under (b) or (c) of this section, the commissioner will issue a coal lease for lands within or underlying the gas lease to, as the case may be, the qualified applicant who first applied for a coal lease in a first-come, first-served situation, or the next highest priority, qualified applicant in a simultaneous filing period situation.

(e) When a coal lease is issued, after the effective date of a gas lease, for land within or underlying a gas lease to a party other than the gas lessee, the coal may not be mined or extracted from the land within the gas lease until the coal lessee provides to the director a copy of the agreement between the coal lessee and the gas lessee required under AS 38.05.177(l).

(f) As used in this section,

(1) "coal lease" refers to a noncompetitive coal lease issued under AS 38.05.150(b) or to a coal prospecting permit issued under AS 38.05.150(c);

(2) "gas lease" refers to a shallow natural gas lease issued under AS 38.05.177 any part of which is included in a proposed noncompetitive coal lease disposal; and

(3) "gas lessee" refers to the lessee of a shallow natural gas lease issued under AS 38.05.177 any part of which is included in a proposed noncompetitive coal lease disposal.

History

Authority: AS 38.05.020; AS 38.05.177; AS 38.05.180
Eff. 9/10/98, Register 147

11 AAC 85.110 Coal prospecting permits

(a) The commissioner will issue a coal prospecting permit only for land designated as noncompetitive. A coal prospecting permit application is subject to the preference for existing shallow natural gas leases under 11 AAC 85.106.

(b) A coal prospecting permit issued under this section is a disposal of an interest in land and is subject to the requirements of AS 38.05.035(e), 38.05.830, 38.05.945, and 38.05.946.

(c) A permit for noncompetitive land on which all or part of a permit or lease is expired, relinquished, or otherwise terminated will be issued under the noncompetitive drawing procedure described in 11 AAC 82.515 - 11 AAC 82.540.

(d) An application for a coal prospecting permit will be handled in an expeditious manner and a decision to deny an application or to initiate the disposal process will be issued within 65 days after the receipt of a completed application.

(e) The filing of an application for a coal prospecting permit does not vest a property right but merely creates a preference right to any permit that may be issued.

(f) Before beginning exploration, a coal prospecting permittee shall file a written notice of intent to explore or obtain an exploration permit, as appropriate, under 11 AAC 90.161 - 11 AAC 90.167 before beginning exploration. No separate prospecting plan of operations is required.

(g) No coal may be removed and marketed or used from lands under prospecting permit except for that amount necessary for sampling and testing.

(h) A copy of all data obtained from the land reflecting all pertinent tests, reports, surveys, and analyses conducted on or pertaining to the permit area must be submitted to the commissioner either upon application for conversion to lease under 11 AAC 85.120 or not more than 90 days after the expiration or termination of the permit. Data submitted under this section will be held confidential in accordance with AS 38.05.035(a)(9) or as otherwise required by law and will only be used for the administration of the functions, responsibilities and duties vested by law in the commissioner.

History

Authority: AS 38.05.020; AS 38.05.150 AS 38.05.145; AS 38.05.177
Eff. 6/18/82, Register 82; am 9/28/86, Register 99; am 9/10/98, Register 147

11 AAC 85.115 Permit extensions

(a) A permittee may apply for an extension of the term of a coal prospecting permit under AS 38.05.150(c). An application for extension must include

(1) an affidavit stating that the permittee spent an average of at least five dollars per acre per year during the permit period on work which increased the permittee's knowledge of the coal deposit within the area, in accordance with the terms of the permit;

(2) a description of prospecting activities showing, to the commissioner's satisfaction, that the permittee substantially complied with the notice of intent to explore or the exploration permit required under 11 AAC 85.110(f) or a statement showing to the commissioner's satisfaction that compliance was delayed or interrupted by force majeure; and

(3) any additional information requested by the commissioner.

(b) Failure to provide the information or to make a showing as required by (a) of this section will result in denial of an application.

(c) An application for extension of a coal prospecting permit must be filed at least 30 days before the expiration of the permit.

(d) Within 21 days after receipt, the commissioner will review the application for completeness and notify the applicant of any deficiency. A decision will be issued within 65 days after receipt of a completed application. The filing of an application for an extension suspends the expiration of the original term of the permit until the application is either approved or denied.

(e) Repealed 9/28/86.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/16/82, Register 82; am 9/28/86, Register 99

11 AAC 85.120 Permit conversion to lease

(a) At any time during the term of a coal prospecting permit, the permittee is entitled to a noncompetitive coal lease on that portion of the permit area shown to contain coal in commercial quantities or to be needed for mining, reclamation or processing operations of that coal, upon the submission of a satisfactory mining plan.

(b) A plan submitted under (a) of this section may be conceptual and must include

(1) reserve calculations for the coal beds which are classified as to the degree of accuracy using the terms "measured," "indicated," and "inferred" as defined in United States Geological Survey Circular 831 (1980);

(2) qualitative data supported by proximate analyses and calorific values of the coal beds on which the reserve calculations are based;

(3) quantitative data describing coal bed thickness and continuity on which the reserve calculations are based;

(4) topographic and geologic maps of the area of the permit, indicating the locations of sampling and drilling;

(5) a description of the probable mining method;

(6) evidence of commercial quantities of coal, including the estimated revenues from the sale of coal and the estimated costs of development of the mine and of extracting, removing, processing, transporting, and marketing the coal; the costs of development must include the estimated cost of exercising environmental protection measures, suitably reclaiming the land, and complying with all applicable federal, state, and local laws and regulations; and

(7) any documentation or information that the commissioner requires, in addition to or instead of (1) - (6) of this subsection, to assist in understanding and evaluating the conversion of a prospecting permit to a lease.

(c) In this section, a "satisfactory mining plan" is a plan which shows commercial quantities of coal in an amount and quality determined by the commissioner to be sufficient under present and reasonably anticipated conditions to induce a prudent operator to pursue development.

(d) As required in 11 AAC 85.110(h), an application for conversion to lease must include a copy of all data obtained from the permit land.

(e) Within 21 days after receipt, the commissioner will review the application for completeness and notify the applicant of any deficiency. A decision will be issued within 65 days after receipt of a completed application. The filing of an application for conversion to lease suspends the expiration of the term of the permit until the application is either approved or denied. A decision denying conversion to lease will be accompanied by a detailed description of the grounds or rationale on which the denial is based.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82

Article 3 General Leasing Provisions

11 AAC 85.200 Best interest determination

(a) Before holding a competitive lease sale or issuing a coal prospecting permit, the department will prepare a written finding under AS 38.05.035(e) which shows that the lease sale or permit issuance serves the best interests of the state.

(b) The written finding required by (a) of this section must be based upon the best available information and must consider

(1) the coal potential of the land as determined by the division of geological and geophysical surveys;

(2) applicable state and local land use plans and classifications;

(3) comments from affected agencies and the public;

(4) significant conflicts with surface use;

(5) significant social and environmental effects of coal exploration, development, and production in the area;

(6) significant impacts on potentially affected communities, including public services, and other public or commercial uses of the land;

(7) economic effects of coal exploration and development, including revenue potential and administrative cost to the state; and

(8) measures which may be required to mitigate identified impacts.

(c) Land which is legislatively designated for recreation, conservation or other related purposes and where coal exploration and development is prohibited is not available for coal prospecting and leasing.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82

11 AAC 85.205 Reevaluation

(a) Land designated as competitive or noncompetitive for coal leasing purposes will, in the commissioner's discretion, be closed for 30 days, by order of the commissioner, for reevaluation of the designation of the land. A closing order will state its effective date and that the results of the reevaluation will be announced on the 31st day after that date.

(b) A decision not to reopen an area for noncompetitive leasing rejects any pending coal-prospecting permit application for that land. A rejected applicant will be notified of the reasons for rejection.

(c) Notwithstanding 11 AAC 82.110, a coal-prospecting permit will be issued on a first-come-first-served basis in accordance with 11 AAC 85.110 if an application was filed before the closing order and if the land is reopened to noncompetitive leasing.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82; am 9/28/86, Register 99

11 AAC 85.210 Statement of conformity to acreage limitations

(a) An applicant for a prospecting permit or for a lease shall submit an affidavit which states that

(1) the total acreage of coal-prospecting permits, coal leases, and applications for either, in which the applicant holds an interest, does not exceed the acreage limitations of AS 38.05.140(a); or

(2) an application for additional acreage under AS 38.05.140(a) has been filed.

(b) If a lease or permit is issued which results in excessive acreage under AS 38.05.140(a), the lease or permit is void.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.140; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82

11 AAC 85.215 Lease terms

(a) In accordance with AS 38.05.150, a lease is issued for an indeterminate period of time, subject to the conditions of diligent development and continued operation of the mine.

(b) The condition of diligent development is met if, upon review of the lease operations at least every 10 years, the commissioner finds that

(1) the leased area is producing coal in commercial quantities;

(2) the leased area is committed to a CMU as described in 11 AAC 85.270 and coal is being produced from the CMU in commercial quantities;

(3) the lessee is proceeding in good faith to develop the leased area by complying with the approved plan of exploration and development in (c) of this section; or

(4) the lessee has shown to the satisfaction of the commissioner that the development of a leased area in accordance with a plan of exploration and development under (c) of this section is delayed or interrupted by force majeure.

(c) Within one year after the issuance of a lease, the lessee shall submit to the commissioner a proposed plan of exploration and development which outlines a schedule, expenditures, and commitments for the exploration and development of the leased area. A proposed plan must be consistent with the estimated size of reserves and must be designed to bring the leased area into production within a reasonable period of time.

(d) Within 65 days after receipt of a proposed plan of exploration and development, the commissioner will issue a written decision which accepts or rejects the proposed plan, based on whether execution of the plan would satisfy the requirement of (b)(3) of this section. If the commissioner rejects a proposed plan, he will include the reasons for the rejection in the written decision and will, in his discretion, also include modifications which would qualify the proposed plan for acceptance. An accepted plan remains in effect until production commences or until the commissioner accepts a revision of the plan.

(e) Whenever it appears that actual exploration or development will significantly deviate from an accepted plan of exploration and development, the lessee shall submit a proposed revision of the plan.

(f) Within 65 days after receipt of a proposed revision of a plan of exploration and development, the commissioner will accept or reject the revised plan. If the revised plan is rejected, the commissioner will state his reasons for the rejection and will, in his discretion, propose modifications which would qualify the revised plan for acceptance.

(g) If operations are interrupted for more than 30 days, the lessee shall notify the commissioner. The commissioner will determine whether the interruption constitutes failure to comply with the condition of continued operation as defined in (i)(2) of this section.

(h) The commissioner will, in his discretion, and upon petition by the lessee, authorize payment by the lessee of an advance royalty instead of continued operation for any particular year.

(i) As used in this section

(1) "commercial quantities" means a quantity of coal sufficient to yield a return in excess of operating costs, even if exploration and development costs may never be repaid and the undertaking, considered as a whole, may ultimately result in a loss;

(2) "continued operation" means production of coal in commercial quantities, except when the operations under the lease are interrupted by force majeure;

(3) "force majeure" means war, riots, strikes, acts of God, unusually severe weather or any other cause beyond the lessee's reasonable ability to foresee or control, including delays caused by administrative or judicial decisions or lack of them, whether similar to those enumerated or not.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82; am 12/31/82, Register 84

11 AAC 85.220 Royalty

(a) The royalty rate must be set as follows, based on the adjusted gross value of coal from the leased area that is sold, disposed of, or consumed by the lessee:

(1) five percent for noncompetitive leases;

(2) no less than five percent for competitive leases where royalty is a bid variable;

(3) no less than five percent nor more than 12 percent for competitive leases where royalty is not a bid variable.

(b) For leases in existence on June 18, 1982, the royalty rate will be changed, at the next time of royalty adjustment, to five percent of the adjusted gross value.

(d) For leases issued after June 18, 1982, the royalty rate is subject to adjustment by the commissioner not more frequently than every 10 years. The royalty adjustment must take into account the current royalty rates and other consideration being paid for coal of similar quality in the same general area or other relevant areas and all other relevant factors including changes in market conditions, transportation costs, the composition and special characteristics of the deposit, and the Btu content of the coal. A lease in existence on June 18, 1982, will be adjusted in accordance with the terms of the lease.

(e) In this section and in 11 AAC 85.255, "adjusted gross value" means gross value less any deductions authorized under 11 AAC 85.225.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82; am 12/31/82, Register 84

11 AAC 85.225 Royalty value computation

(a) If the coal is sold in a bona fide arm's-length transaction between independent parties, adjusted gross value is the full consideration received by the lessee minus the following costs if those costs were borne by the lessee:

(1) reasonable beneficiation costs as defined in (e)(1) of this section; and

(2) reasonable transportation costs from the mine mouth to the point of sale, as defined in (e)(2) of this section.

(b) Notwithstanding (a) of this section, the commissioner will determine the adjusted gross value of the coal, taking into account the consideration being paid for coal in the same general area or other relevant areas including areas outside Alaska, reasonable transportation costs, beneficiation costs, composition and special characteristics of the deposit, the Btu content of the coal, and other relevant factors, if the commissioner determines that the coal produced from the leased area is

(1) sold or disposed of in other than a bona fide arm's-length transaction between independent parties;

(2) sold or disposed of under a contract which sets a single price for coal without adjustments tied to market conditions;

(3) sold or disposed of under a contract which does not reflect the value of the coal at the time the coal is produced; or

(4) consumed by the lessee.

(c) The commissioner will, in his discretion, and upon petition by the lessee, convert the percent-of-value royalty rate to a comparable cents-per-ton rate in a written determination that it is in the best interest of the state to make the conversion and that the commissioner has adequate information to make an adjustment which is equitable to the state and the lessee. This cents-per-ton rate will be readjusted as necessary to reflect changes in adjusted gross value.

(d) The commissioner will allow deductions under (a) of this section when, in his judgment, the lessee provides him with an accurate account and description of the reasonable costs. When requested by the commissioner, the lessee shall promptly file with the commissioner all information that relates to royalty value computation. All royalty value computations are subject to audit by the commissioner.

(e) In this section

(1) "reasonable beneficiation costs" means the reasonable costs of any processing performed before sale that adds value to the coal as compared to its run-of-mine value; these deductible processing costs include the costs of grinding, washing, drying, grading, sorting, briquetting, any other means of beneficiation, and any reasonable transportation costs necessitated solely by this beneficiation; primary crushing, loading, and storing costs are not included whether or not they are incurred on or away from the leased premises;

(2) "reasonable transportation costs" means actual costs of transportation occurring after the coal leaves the mine mouth, including the use of tankers, roads, conveyor belts, trucks, rail transportation and slurry pipelines; for any coal lease for which a coal royalty statement was timely filed for the month of July 1982, "reasonable transportation costs" also includes the actual costs of transportation from the point of extraction to the mine mouth; if the transportation facilities are owned by the lessee, then actual costs are limited to direct operating expenses and depreciation on capital equipment and do not include overhead or an internal rate of return on the capital investment; the commissioner will determine the reasonable transportation costs when any of the following conditions exist:

(A) the transportation contract is not an arm's-length transaction or is not representative of the market value of the transportation; or

(B) the method of transportation of coal is not reasonable in view of existing alternative methods of transportation;

(3) "mine mouth" means the tipple, railroad, or other loadout facility, where the coal is initially weighed or measured and loaded for transport to a buyer or user;

(4) "point of extraction" means that point where the coal first enters the lessee's coal transport system; and

(5) "point of sale" means the point of first transfer for value, if title also transfers, or the point of entry into a free market place.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82; am 12/31/82, Register 84

11 AAC 85.230 Royalty in kind

(a) Royalty from a coal lease may be taken in kind under the provisions of 11 AAC 82.700 - 11 AAC 82.715, if the commissioner determines that taking in kind would be in the best interest of the state. The commissioner will consider the financial or legal hardships the taking may have on the lessee, including, but not limited to, the necessity for additional capital equipment, increased costs in production, and the inability to meet existing contractual obligations to customers.

(b) Notwithstanding 11 AAC 82.700, nine months' written notice will be given to each lessee of the election to take the royalty in kind.

(c) Notwithstanding 11 AAC 82.700, if the commissioner elects to take royalty in kind, the lessee shall deliver the royalty coal on the leased premises free of charge, into trucks or other carriers, slurry pipelines, or onto storage piles designated by the commissioner. The lessee is not required to provide free storage for longer than 30 days or pay slurry pipeline charges for any coal run onto storage piles or into slurry pipelines. The commissioner may elect to receive the royalty coal at point of sale or any other established unloading or transfer point between the lease and the point of sale, but the lessee will not be required to pay delivery and handling costs.

History

Authority: AS 38.05.020; AS 38.05.150 AS 38.05.145; AS 38.05.182
Eff. 6/18/82, Register 82

11 AAC 85.235 Lease rental

(a) The annual rental for all coal leases is $3 per acre or fraction of an acre.

(b) For leases issued after June 18, 1982, the annual rental payment is subject to adjustment by the commissioner not more frequently than every 10 years. The adjustment will take into account the current rental rates for leases in the same or similar areas and all relevant factors affecting the development of a commercial operation. A lease in existence on June 18, 1982, will be adjusted in accordance with the terms of the lease.

(c) The rental payment for the first year of the lease is due on the date that the lease is granted, and the rental for each succeeding year must be paid on or before the beginning of each lease year.

(d) The rental for each lease or coal mining unit for each year will be credited against the royalties as they accrue for that year.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82; am 12/31/82, Register 84

11 AAC 85.240 Rental and royalty relief

(a) An application under AS 38.05.140 (d) for reduction of the lease royalty, or for a waiver, suspension, refund, or reduction of the rental, must be filed in accordance with 11 AAC 82.665.

(b) For the purposes of this section and AS 38.05.140(d), "royalty" includes net profit share payments.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.140; AS 38.05.150
Eff. 6/18/82, Register 82

11 AAC 85.245 Coal lease bond

(a) A coal lease bond is required before a lease is issued, and in no case may the amount be less than $5 per acre or $5,000, whichever is greater.

(b) A coal lease bond must be filed in accordance with 11 AAC 82.600.

(c) The commissioner will not consent to termination of liability under a coal lease bond unless an acceptable substitute bond has been filed or until all terms and conditions of the lease have been fulfilled.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82

11 AAC 85.250 Plan of operations

For any mining operation which is exempt from the provisions of the federal Surface Mining Control and Reclamation Act of 1977, the commissioner will require the lessee to submit a plan of operations consistent with the principles of that Act, for his approval before mining operations may begin.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82

11 AAC 85.255 Transfer of interest

(a) Before the commissioner approves an assignment, sublease or other transfer of an interest in a permit or lease, including assignments of working or royalty interest and operating agreements and subleases

(1) the account of any royalties, net profit share payments, and rentals due under the lease must be in good standing;

(2) the transferee shall submit a statement of qualifications under 11 AAC 82.205 and a statement of conformity to acreage limitations under 11 AAC 85.210; and

(3) the transferee shall submit an affidavit stating who is responsible for performing all obligations under the permit or lease.

(b) Before any approval under (a) of this section, the consent of the surety to the substitution of the transferee as principal, or a new bond with the transferee as principal, must be submitted in writing to the commissioner if the original lease required the maintenance of a bond. If the transfer is for part of the leased land only, the consent of the surety to the transfer and its agreement to remain bound as to the interest retained by the lessee must be submitted, as well as a new bond with the transferee as principal covering the portion of the leased lands assigned or subleased.

(c) The assignor is liable for all obligations and liabilities accrued before the effective date of the assignment, and the assignee is liable for all obligations and liabilities accrued after the effective date of the assignment. In the case of a sublease or a transfer of an interest other than an assignment, the lessee or permittee continues to remain liable for all obligations under the lease or permit. The commissioner will take any legal action necessary to secure compliance with the terms and conditions of a lease or permit. Action may be taken against either the lessee or permittee or any of their successors or against both the lessee and permittee and their successors.

(d) The approval of an assignment of only a part of the lands in a lease creates a new lease bearing a new serial number and containing the same terms and conditions as the original lease.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82

11 AAC 85.260 Limitation on overriding royalties

(a) No overriding royalty, net profit interest or other right to payment out of production or revenues from a lease may be created which exceeds the rate of royalty first payable to the state under the lease unless the lessee shows to the satisfaction of the commissioner that the royalty is justified by substantial improvements made or to be made to the leasehold.

(b) The term "payment out of production" as used in this section is defined as a share of the coal produced from the lease, free of the costs of production.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82

11 AAC 85.265 Suspension and termination

If the lessee substantially breaches a significant provision of a permit or lease, or fails to comply with the applicable statutes and regulations, and the failure continues for 30 days after service of written notice by the commissioner, the commissioner will, in his discretion, suspend activity on the permit or lease until compliance is achieved, or terminate the permit or lease after additional notice and an opportunity to be heard.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 9/5/74, Register 51; am 6/18/82, Register 82

11 AAC 85.270 Coal mining units

(a) For the purpose of achieving more economic operations or more efficient and orderly recovery of coal, leases may, with the approval of the commissioner, be united and the lessees may adopt a cooperative or unit plan of development and operation of their leases. As a condition of approval of a Coal Mining Unit or "CMU," the commissioner will, in his discretion and with the consent of the state lessees, establish, alter, change, or revoke the development, production, rental, or royalty requirements of the state leases within the unit area, as he determines necessary or proper to protect the public interest and to conserve natural resources. The commissioner will, in his discretion, require as a term of a competitive lease sale, that the leased area be united into a CMU.

(b) A unit consists of an area of coal land which can be developed and mined in an efficient, economic and orderly manner with due regard for the maximum recovery of coal and conservation of other resources. It may consist of one or more leases and may include intervening or adjacent nonstate lands, but all land in the unit must be capable of being developed and operated as a unified operation. Approval of a CMU is subject to the conditions of diligent development and continued operation of the unit. Diligent development and continued operation anywhere within the CMU, with respect to either state or nonstate coal deposits, will be considered to have occurred on each state lease in the CMU.

(c) After a request by the lessees, a CMU containing any interest other than a single state lease becomes effective upon approval by the commissioner.

(d) The boundaries of a CMU may be changed upon application by the lessee and with the approval of the commissioner.

(e) If any coal lands in a CMU are relinquished, the lease terms for the unit will be adjusted accordingly.

(f) Interests in coal gained through the formation of a CMU shall not be counted as acreage under 11 AAC 85.210.

(g) In this section, "CMU" means coal mining unit as described in (a) - (f) of this section.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82

11 AAC 85.275 Cooperative leasing

The commissioner will, in his discretion, enter into agreements with other owners of coal deposits for joint lease sales or to offer state leases on terms compatible with leases on lands owned by the other party that could be united with the state leases in a CMU as described in 11 AAC 85.270.

History

Authority: AS 38.05.020; AS 38.05.145 AS 38.05.027; AS 38.05.150
Eff. 6/18/82, Register 82

11 AAC 85.280 Surface Mining Control and Reclamation Act

All coal mining leases and operations must conform to the approved state program under the Surface Mining Control and Reclamation Act of 1977 or to the federal program if a state program is not approved.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.150
Eff. 6/18/82, Register 82

11 AAC 85.285 Domestic use coal license

Repealed 9/28/86.

Chapter 86 Mining Rights

Article 1 General Provisions

11 AAC 86.100 Applicability

The provisions of this chapter apply to the acquisition of mineral rights under AS 38.05.185 - 38.05.275 and 38.05.880.

History

Authority: AS 27.05.010; AS 38.05.020
Eff. 9/15/74, Register 51; am 10/28/2022, Register 244

11 AAC 86.105 Discovery defined

"Discovery" means a finding of valuable mineral as would justify an ordinarily prudent person in expending further time, labor, and money upon the property with a reasonable expectation of developing a paying mine.

History

Authority: AS 38.05.020(b)AS 38.05.185(b)
Eff. 9/5/74, Register 51

11 AAC 86.106 Deferral of rent for annual rental year beginning September 1, 1989

Repealed.

History

Eff. 5/18/90, Register 114; repealed 8/26/98, Register 147

11 AAC 86.107 Payments and refunds

(a) All payments required under this chapter, except for production royalty payments described in 11 AAC 86.769, may be made either by mail or in person as provided in this section.

(b) The proper office for payment made by mail is the financial office of the department. However, on or after June 1, 2002, the rental for a new mining claim, leasehold location, or prospecting site location, other than a converted MTRSC location established under 11 AAC 86.250, may be mailed to the applicable recording district office, if accompanied by the certificate of location to be recorded and by a completed rental payment worksheet provided by the department.

(c) The proper office for payment made in person is either the Anchorage or Fairbanks office of the department. However, on or after June 1, 2002, the rental for a new mining claim, leasehold location, or prospecting site location, other than a converted MTRSC location established under 11 AAC 86.250, may be paid at the applicable recording district office, if accompanied by the certificate of location to be recorded and by a completed rental payment worksheet provided by the department.

(d) If a rental payment is received in an amount in excess of that due for a location, the department will credit the excess amount to rent that might become due for that location, unless a refund is requested. The department will refund the excess amount only if it receives a written request for the refund within 90 days after the date of payment.

(e) A rental payment received for a closed location does not convey mineral rights to that location. The department will refund a payment received for a closed location if it receives a written request for a refund within 90 days after the date of the payment.

(f) The department may not refund a rental payment except as provided in (d) and (e) of this section.

(g) The department may not make a refund of a cash payment of annual labor.

History

Authority: AS 38.05.020; AS 38.05.210 AS 38.05.035; AS 38.05.211
Eff. 5/18/90, Register 114; am 8/26/98, Register 147; am 8/16/2000, Register 155; am 1/19/2002, Register 161

11 AAC 86.108 Notices

(a) Any decision or deficiency notice given to a locator under the provisions of this chapter will be made in writing and delivered in person or mailed by certified mail, return receipt requested, to the address of the current owner of the location as shown on the records of the division of mining. Other notices and letters from the department will be delivered in person or sent by first class mail or certified mail to the locator's current address of record.

(b) For purposes of this chapter, the department will consider delivery by certified mail to occur when the receipt is signed. If the addressee neglects or refuses to sign for certified mail, the department will consider delivery to occur when the notice is deposited in a United States post office addressed to the person's current address of record with the department.

(c) A locator must inform the department of the locator's most recent, or permanent, mailing address. The department will make changes to a locator's address of record upon receipt of a written request by the locator.

History

Authority: AS 38.05.020
Eff. 5/18/90, Register 114; am 1/19/2002, Register 161

11 AAC 86.110 Existing mining claims, federal leases and permits

Nothing in 11 AAC 86 and 11 AAC 88 adversely affects the continued validity of any lease, permit, license, location, or contract, or any rights arising thereunder, granted or issued by the United States, or any rights acquired or being exercised pursuant to the mining laws of the United States, before the land was acquired by the State of Alaska.

History

Authority: AS 38.05.020(b)
Eff. 9/5/74, Register 51

11 AAC 86.115 Locations on state-selected land

(a) A location made on state-selected land that has not been conveyed to the state by the federal government through tentative approval or patent is made at the locator's risk. Because the state does not have management authority over the land unless the selection has been conveyed and cannot authorize exploration work or mining until that time, the locator is responsible for obtaining any necessary permits from the federal land manager and other permitting authorities.

(b) A location made on state-selected land in accordance with this chapter creates prior rights against subsequent locators, and becomes a mining claim, leasehold location, or prospecting site when the federal government conveys the selection to the state through tentative approval or patent, whichever occurs first. If the conveyance restricts or bars the location, or a state mineral closure is in effect for all lands within the location on the date of the conveyance, the location made on state-selected land is void. For a state-selected location in which only part of the land is restricted, location is barred, or a state mineral closure is in effect, only those portions of the location affected by the restriction, bar, or state mineral closing order are void. If a state leasing restriction is in effect on the date of the conveyance, a location made before the conveyance is subject to that restriction. If the land is closed to mineral entry or restricted to leasing after the date of the conveyance, a valid location that was made before the conveyance is unaffected.

(c) If only a portion of the area of a mining location on state-selected land is conveyed to the state, only the portion of the mining location that is on the land conveyed becomes a mining claim, leasehold location, or prospecting site. The portion of the area of the location on the state-selected land that is not conveyed continues as a mining location on state-selected land without further action by the locator, and the department will assign a unique location number to that continued location.

(d) The provisions of AS 38.05.210 - 38.05.240 do not apply to locations made on state-selected land until the state receives the conveyance of the selection from the federal government. The first labor year for a mining claim or a leasehold location made on state-selected land begins at noon on the first September 1 after the date the federal government conveys the selection. For the purpose of determining the amount of annual rent, a location on state-selected land is considered to have been first located on the date the federal government conveys the selection through tentative approval or patent, whichever occurs first.

(e) The first annual rental year for a location made on state-selected land begins on the date of conveyance of the selection to the state by the federal government and ends at noon on the following September 1. The first annual rental payment is due on the date of conveyance and must be paid within 90 days after that date. It is the locator's responsibility to determine the date of conveyance. In accordance with 11 AAC 86.107 and 11 AAC 86.215(f), the locator may make a one-time, non-refundable deposit of $25 for each location made on state-selected land. If the state receives conveyance to the selection, the department will credit the deposit to the first rental payment that becomes due for the location. In the event the rental deposit amount should ever change, the previous one-time nonrefundable deposit amount does not have to be adjusted so the amount is the same as the new rental deposit amount. A location made on state-selected land that is conveyed to the state by the federal government constitutes an abandonment of the location under AS 38.05.265 if the department has not received the rental payment or rental deposit for the location within 90 days after conveyance of the selection.

(f) A state-selected mining claim posted on one or more unpatented federal mining claims must have the written and recorded permission of the holders of the unpatented federal mining claims. In accordance with AS 38.05.275(a), written and recorded permission to locate a mining claim on state-selected land located within one or more active unpatented federal mining claims must be attached to the location certificate, must be notarized, and must include the following information:

(1) the full name of each person who posted the location on the state-selected land; each person who posted must be qualified to locate state mining claims under AS 38.05.190;

(2) the full names of all owners of possessory interest in the active unpatented federal claims affected by the location;

(3) the claim number and name of each federal claim; and

(4) signed statements from the federal claim holders authorizing the locator to place the state-selected location within the active unpatented federal mining claims.

(g) If simultaneously recording certificates for contiguous state-selected mining claims posted on one or more active unpatented federal mining claims, the locator shall

(1) attach the signed statements of authorization to each location certificate; or

(2) attach the signed statements of authorization to a single certificate of location, and cross-reference that certificate of location on each other certificate of location to which the statements of authorization apply.

(h) Failure to attach signed statements of authorization as specified in (g) of this section voids the claim.

History

Authority: AS 27.05.010; AS 38.05.185; AS 38.05.275 AS 38.05.020; AS 38.05.211
Eff. 9/5/74, Register 51; am 5/30/85, Register 94; am 5/18/90, Register 114; am 8/26/98, Register 147; am 4/24/99, Register 150; am 10/28/2022, Register 244

11 AAC 86.120 Conditional mining leases and locations

Repealed 5/18/90.

11 AAC 86.121 Qualifications

(a) Exploration and mining rights under AS 38.05.185 on state land require that a person be qualified at the time of location and remain qualified under AS 38.05.190, except as provided in AS 38.05.190(b).

(b) In order to remain qualified,

(1) a corporation, limited liability company, or other entity described in AS 38.05.190(a)(5) must hold a certificate that complies with AS 38.05.190(g); a corporation that is involuntarily dissolved, or a certificate that is canceled or revoked constitutes the loss of qualification, and may result in a declaration by the department that the mineral interest is void after notification and an opportunity to cure in accordance with AS 38.05.190(b) - (f);

(2) a trust and the designated trustee must comply with requirements of AS 38.05.190(a)(6), and the failure to do so may result in a declaration by the department that the mineral interest is void after notification and an opportunity to cure in accordance with AS 38.05.190(b) - (f); and

(3) all members of an association described in AS 38.05.190(a)(7) must maintain their individual qualifications, and the failure to do so may result in a declaration by the department that the mineral interest is void after notification and an opportunity to cure in accordance with AS 38.05.190(b) - (f).

(c) A declaration by the department that a mineral interest is void due to the failure to become or remain qualified as required under (a) of this section, results in the unqualified person losing all rights to exploration or mineral interests. That person may become qualified or requalify under AS 38.05.190(b) or (e), at which point that person may acquire or hold new rights in exploration or mining interests under AS 38.05.185 - 38.05.275 and associated regulations.

(d) The department may request proof of qualification under AS 38.05.190 at any time.

History

Authority: AS 27.05.010; AS 38.05.020; AS 38.05.190
Eff. 10/28/2022, Register 244

11 AAC 86.125 Failure to comply

(a) The failure on the part of a mining lessee or locator to comply strictly with the provisions of this chapter and the applicable statutes does not invalidate the mining lessee's or locator's rights if it appears to the satisfaction of the director that the locator or lessee complied as nearly as possible under the circumstances and that conflicting rights are not asserted by another person. Upon written application, the director may issue a certificate of substantial compliance that sets out the specific failure on the part of the lessee or locator and the relief granted. The certificate does not cure any defect not specifically referred to in the certificate. The certificate becomes effective when recorded in the recording district where the located or leased land is located.

(b) An application for a certificate of substantial compliance must include the name and address of the mining lessee or locator, the name of the location or lease, any serial number assigned by the department to the location or lease, an application fee as set out in 11 AAC 05.120(b)(1)(N), a statement of the specific failure to comply the reasons for the failure, and any other information the director considers necessary to determine the circumstances of the case.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.185
Eff. 9/5/74, Register 51; am 5/30/85, Register 94; am 8/26/98, Register 147; am 7/1/2018, Register 227

11 AAC 86.130 Filing and recording

Repealed 12/31/82.

11 AAC 86.135 Mineral deposits open to location

(a) Rights in and to deposits of locatable minerals, except on tide and submerged land as specified in (c) of this section, may be acquired by making a mineral location in conformance with AS 38.05.185 - 38.05.275 and 11 AAC 86, unless the deposits are in or on state land that is closed to location. To constitute a valid location, both discovery and posting of the location notice must occur during a time when the land is open to location.

(b) This section constitutes the commissioner's finding, in accordance with AS 38.05.185(a), that selling or leasing of land, or conveying land under AS 29.65.010 - 29.65.140 or AS 38.05.810, other than a locatable mineral interest, with the mineral rights reserved to the state, creates potential use conflicts requiring that mining be allowed only under written leases. If the land remains open to location, a location made on that land after the sale, lease, or conveyance is a leasehold location.

(c) Rights in and to deposits of locatable minerals on tide and submerged land may be acquired only under the provisions of AS 38.05.250 and 11 AAC 86.500 - 11 AAC 86.570, except that tide and submerged land may be included in a location under AS 38.05.195 if two corners are on or above the line of mean high tide.

(d) If the land upon which a location is made is restricted to mining under lease before the discovery date or the date the location notice was posted, the locator has prior rights only to a leasehold location under AS 38.05.205.

(e) Notice will be given under AS 38.05.945 before an order closing land to mining or mineral location or restricting it to mining under lease is issued, amended, or revoked.

History

Authority: AS 38.05.020; AS 38.05.205; AS 38.05.300 AS 38.05.185; AS 38.05.275
Eff. 9/5/74, Register 51; am 5/30/85, Register 94; am 5/18/90, Register 114; am 8/26/98, Register 147

11 AAC 86.140 Drawing of prior existing locations

The requirement under 11 AAC 86.210(4), 11 AAC 86.215(a)(7), 11 AAC 86.410(a)(4), and 11 AAC 86.410(b)(6) that a locator show the relationship of the location to adjacent and contiguous mining claims, leasehold locations, and prospecting sites held by other parties is for informational purposes only. It is not an admission by the locator of the proper location and maintenance, good standing, or validity of those other claims, locations, or sites.

History

Authority: AS 27.05.010; AS 38.05.020
Eff. 9/5/74, Register 51; am 12/31/82, Register 84; am 10/28/2022, Register 244

11 AAC 86.145 Surface use

(a) The following provisions apply to land for which the state owns the surface:

(1) A locator does not have exclusive use of the surface of the location. A locator may use the surface of the location only to the extent necessary for the prospecting for, extraction of, or basic processing of mineral deposits. A locator may not restrict public access to or other uses of the surface unless approved in writing by the director. The director may allow the locator to restrict public access or other surface uses of the location only to protect public safety or prevent unreasonable interference with the rights of the locator.

(2) The building, placing, or use of surface structures or other surface improvements, including airstrips and roads, within the boundaries of a mining property must be approved by the director in writing through a plan of operations, land use permit, or other written authorization. The director will only approve surface structures or other surface improvements that are necessary to carry out authorized operations. Factors to be used by the director in approving the surface structures, other surface improvements, or uses include: access to the property, remoteness of location, security of the operations, planned level of operations, existing authorized surface uses, and the current level of activity.

(3) A classification or designation indicating that timber and other forest products of significant value are included within a mining property is prima facie evidence that the land on which the property is located is considered to be "timberlands" for purposes of AS 38.05.255. The Division of Forestry and Fire Protection must be contacted before using or clearing timber from timberlands.

(4) The director may require documentary evidence of mining activity to support a request for surface use. Failure to provide documentary evidence when required by the director is grounds for denial of the requested surface use. At the request of a person making a request for surface use, the department will keep confidential the cost data and financial information submitted by the person, but the person must clearly identify the cost data and financial information and separate it from information not qualifying under AS 38.05.035(a)(9) for confidential treatment.

(b) If the surface estate or interests in the surface estate are owned by a third party with the minerals reserved to the state under AS 38.05.125, the locator must make provisions under AS 38.05.130 to pay the owner of the surface estate or surface interests for any damage that may be caused by the use or development of that location. If the locator and the owner of the surface estate or interests are unable to reach agreement concerning the provision for payment of damages, the locator may enter the land in the exercise of the locator's right to use or develop the minerals reserved under AS 38.05.125 after a determination by the director that the proposed activities are necessary for the locator to exercise the rights reserved under AS 38.05.125, and after posting a surety bond determined by the director under AS 38.05.130. A locator who wishes to enter the land in this manner shall provide information requested by the director so that the director may make each of the determinations required by this subsection. The locator shall also comply with requirements for a reclamation plan and bond under AS 27.19.010 - 27.19.100 and 11 AAC 97.010 - 11 AAC 97.640.

History

Authority: Ak. Const., Art.AS 38.05.020; AS 38.05.130 VIII, sec. 11AS 38.05.035; AS 38.05.255 AS 38.04.058; AS 38.05.125; AS 38.05.965
Eff. 5/30/85, Register 94; am 11/7/90, Register 116; am 8/26/98, Register 147

11 AAC 86.150 Plan of operations instead of land use permit

A person intending to conduct mineral exploration or development activities that would require a land use permit under 11 AAC 96 may file a plan of operations for approval instead of applying for a land use permit. The plan of operations must meet the requirements of 11 AAC 86.800.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 5/30/85, Register 94

11 AAC 86.155 Mining Rights

11 AAC 86.155. Sale, lease, or other transfer.

History

Authority: AS 38.05.020; AS 38.05.270; AS 38.05.920
Eff. 9/5/74, Register 51; am 12/31/82, Register 84; am 5/30/85, Register 94; am 5/18/90, Register 114; am 8/26/98, Register 147

11 AAC 86.155 Mining Rights

11 AAC 86.155 replaces former 11 AAC 86.230 which was repealed 5/30/85, Register 94. The history note for 11 AAC 86.155 includes the history of the repealed section. (a) The rights held under a mining location on state land, or any interest in an undivided location, may be sold, leased, or otherwise transferred without the approval of the director. The sale, lease, or other transfer document must be recorded in the district recorder's office for the recording district in which each transferred mining location is located, and the transfer document must include: (1) for a sale, lease, or transfer that is made on or after 8/26/98, the word "mining" in the title of the document; (2) the claim name of each location; (3) the ADL number (if assigned) for each location; (4) every section, township, range, and meridian in which each transferred mining location is located; (5) the current mailing address of each party to the transfer; the department will change the owner of record for a mining location on its records if a transfer document containing the information above is recorded. (b) The failure to comply with the provisions of (a) of this section does not affect the validity or enforceability of the sale, lease, or transfer of a right or interest described in (a) of this section between the parties to the sale, lease, or transfer. (c) Before a portion of a mining location may be sold or granted, the original location must be physically divided by amending it to reduce its size. A new location must be created on the remaining ground in accordance with this chapter. The original discovery and location dates apply only to the amended location and not to the newly created location. Any sale or grant of rights under either the amended location or the new location must comply with (a) of this section.

History

Authority: AS 38.05.020; AS 38.05.270; AS 38.05.920
Eff. 9/5/74, Register 51; am 12/31/82, Register 84; am 5/30/85, Register 94; am 5/18/90, Register 114; am 8/26/98, Register 147

Authority: AS 38.05.020; AS 38.05.215
Eff. 9/5/74, Register 51

11 AAC 86.230 Mining Rights

11 AAC 86.230. Recordation of sale, lease, or other transfer. Repealed 5/30/85.

Article 3 Converted MTRSC Locations

11 AAC 86.250 Mining Rights

11 AAC 86.250. General principles for conversion of a traditional location to a converted MTRSC location. One or more traditional mining claims or leasehold locations may be amended at any time to establish one or more converted MTRSC locations. The following rules apply to a conversion: (1) all or part of a traditional location may be included in the converted MTRSC location; each converted MTRSC location must be supported by a discovery somewhere within its boundaries; (2) if only part of a traditional location is included in the converted MTRSC location, the remaining part may be either relinquished or relocated as an amended location; (3) a converted MTRSC location does not establish locatable mineral rights to an area outside the traditional location if that area is not open to location; (4) conversion of a traditional location to a converted MTRSC location is not complete unless the annual rental due on the traditional location for the year in which the conversion occurs is timely paid in full; the failure to timely pay the required rental on the traditional location results in abandonment of both the converted MTRSC location and traditional locations under AS 38.05.265.

History

Authority: AS 38.05.020; AS 38.05.195; AS 38.05.211 AS 38.05.035; AS 38.05.210; AS 38.05.265
Eff. 1/19/2002, Register 161

11 AAC 86.255 Mining Rights

11 AAC 86.255. Certificate of location for a converted MTRSC location. In addition to marking the location as required by 11 AAC 86.205 and attaching a notice of location as required by 11 AAC 86.210, a locator establishing a converted MTRSC location must record a certificate of location within 45 days after posting the converted MTRSC location. The certificate of location must be recorded in the recording district in which the converted MTRSC location is situated, on a current form approved by the department for conversions or on a substantially similar form meeting the recording requirements of 11 AAC 06.040, and must include (1) the location name or number of the converted MTRSC location, and the meridian, township, range, section, and quarter- or quarter-quarter-section of the location; (2) for each traditional location being converted to the MTRSC location, the ADL number, if assigned, location name, discovery date, posting date, and (A) original book and page of recording; or (B) recording office serial number; (3) the name of the recording district in which the converted MTRSC location is situated; (4) the name and current mailing address of each locator, and the signature of each locator or of the locator's agent; (5) a map at an indicated scale of 1:63,360 (one inch = one mile) or a more detailed scale that shows the boundaries of the converted MTRSC location and each existing location being converted, the dominant physical features of the land, the protracted or surveyed section lines surrounding the converted MTRSC and existing locations, and, to the best of the locator's knowledge, the relationship of the locations to adjacent or contiguous mining claims, leasehold locations, mining leases, and prospecting sites; if the converted MTRSC location is being recorded simultaneously with one or more contiguous converted MTRSC or new locations, a single map showing all locations may be attached to one of the certificates of location if the document to which the map is attached is cross-referenced on each certificate of location; and (6) proof of ownership transfer, if the locator of the converted location is not the owner of record of each existing location being converted; that proof must be filed with the certificate of location.

History

Authority: AS 38.05.020; AS 38.05.195; AS 38.05.211 AS 38.05.035; AS 38.05.210; AS 38.05.265
Eff. 1/19/2002, Register 161

11 AAC 86.260 Mining Rights

11 AAC 86.260. Rental age of a converted location. For purposes of establishing the annual rental owed under 11 AAC 86.221, the rental age of a converted MTRSC location is the number of years since the first posting of the traditional location from which the MTRSC location was converted. If more than one existing traditional location is used to establish a converted MTRSC location, the rental age of the converted location is the average of the rental ages of the existing traditional locations, then rounded to the nearest whole year. For purposes of calculating that average, (1) if a converted quarter-section MTRSC location includes fewer than four existing traditional locations, the department will count each existing location's rental age as only 25 percent of the average; additional imaginary locations, each assumed to be one year old and each counting as 25 percent, will be added to the average to reach 100 percent; the average age will then be rounded to the nearest whole year; and (2) the rental age of a relinquished location, as determined by that location's posting date, will be included in calculating a converted MTRSC location's rental age if the converted MTRSC location (A) includes any part of the relinquished location; (B) is established less than a year after the relinquishment; and (C) is established by the locator of the relinquished location or by that locator's successor in interest under 11 AAC 86.223.

History

Authority: AS 38.05.020; AS 38.05.195; AS 38.05.211 AS 38.05.035; AS 38.05.210; AS 38.05.265
Eff. 1/19/2002, Register 161

11 AAC 86.265 Mining Rights

11 AAC 86.265. Credit or deficiency in payment of rental on a converted location. (a) The annual rental paid in the year of conversion on an existing location included in whole or in part in a converted MTRSC location will be credited as a timely payment to the first-year rental owed on the converted MTRSC location. If parts of the existing location are included in more than one converted MTRSC location, the department will allocate the rental payment equally to the first-year rental owed on each converted MTRSC location. If a deficiency exists, the department will mail a deficiency notice to the locator as provided in 11 AAC 86.221(e) to permit payment of the balance owed. If an excess exists, it will be credited to rent owed for the converted MTRSC location in the second and subsequent rental years until exhausted. If a deficiency is not cured in accordance with notice from the department, the (1) converted location will be considered abandoned under AS 38.05.265; and (2) department will consider the traditional location from which the abandoned location was converted to continue in force and be subject to this chapter as if the conversion had not occurred. (b) The annual rental owed on a converted MTRSC location in the next and subsequent rental years following the year of conversion is due and payable in accordance with 11 AAC 86.221. From the rental owed on a converted MTRSC location in the rental year following the year of conversion, the department will deduct the 50 percent discount described in 11 AAC 86.221(f)(2), together with any credit for overpayment of first-year rental. The overpayment credit, if any, and the 50 percent rental discount are considered timely partial payment toward the second-year rental.

History

Authority: AS 38.05.020; AS 38.05.195; AS 38.05.211 AS 38.05.035; AS 38.05.210; AS 38.05.265
Eff. 1/19/2002, Register 161

11 AAC 86.270 Mining Rights

11 AAC 86.270. Labor obligation on a converted location. The labor obligation required to be met in the year that an existing location is included in a converted MTRSC location must still be satisfied and is subject to AS 38.05.265 as if a conversion had not occurred.

History

Authority: AS 38.05.020; AS 38.05.195; AS 38.05.211 AS 38.05.035; AS 38.05.210; AS 38.05.265
Eff. 1/19/2002, Register 161

11 AAC 86.290 Mining Rights

11 AAC 86.290. Definitions. In 11 AAC 86.250 - 11 AAC 86.290, unless the context requires otherwise, (1) "conversion" means the amendment of one or more traditional mining claims or traditional leasehold locations to establish an MTRSC location; (2) "converted MTRSC location" means an MTRSC location established by means of a conversion.

History

Authority: AS 38.05.020; AS 38.05.195; AS 38.05.211 AS 38.05.035; AS 38.05.210; AS 38.05.265
Eff. 1/19/2002, Register 161

Article 4 Upland Mining Leases

11 AAC 86.300 Mining Rights

11 AAC 86.300. Preference right by leasehold location. The preference right to a lease that is acquired by establishing and maintaining a leasehold location remains in existence until a lease is issued, the leasehold location is adjudicated and found invalid, or the leasehold location is abandoned.

History

Authority: AS 38.05.020; AS 38.05.205
Eff. 9/5/74, Register 51; am 5/30/85, Register 94; am 5/18/90, Register 114

11 AAC 86.305 Mining Rights

11 AAC 86.305. Applications for lease. (a) When the division receives a copy of a certificate of location for a location on state land that is restricted to mining under lease, the division will notify the locator of the leasing requirement. (b) The division will publish the notice required by AS 38.05.205(a) and subsequently mail a lease application form to the locator only when (1) the division learns that the locator is ready to begin production or, if authorized by sec. 5, ch. 108, SLA 1981, as amended by sec. 1, ch. 90, SLA 1985, the locator is already producing; (2) the locator requests a lease application form; or (3) the locator of a mining claim requests a lease application form. (c) The lease application submitted by a person described in (b) of this section must include a sworn affidavit stating, for each mining claim or leasehold location, (1) that discovery, location, and filing were performed as required by law; (2) the type and nature of the mineral discovery; and (3) the position of the discovery in relation to the northeast corner of the location. (d) The division will reject a lease application and the location will be void if the director determines, after a review of all documents that are filed, a field examination, or analysis of other information, that (1) the requirements of AS 38.05.185 - 38.05.275 have not been met; (2) the land was not open to location when the mining claim or leasehold location was made; or (3) the land is closed to mining. (e) The division will reject a lease application received (1) for a location on state-selected land that has not been conveyed to the state by the federal government; and (2) for other land to which the state does not hold title to the locatable mineral estate. (f) The director will send by certified mail a copy of the notice described in (b) of this section to the holders of apparent conflicting rights as shown on state land records. Any assertion of conflicting rights must be received by the director within 30 days of the date of the notice unless the director authorizes an extension of time. The assertion of conflicting rights must be in writing and must describe: (1) the conflicting rights asserted; and (2) any factual or legal basis for, and documents in support of, the conflicting rights. (g) If conflicting rights are asserted by another locator and the director decides not to adjudicate the conflict, the division will reject the lease application and advise the parties to resolve the conflict. A person may file a new lease application after the conflict between the parties has been resolved. (h) The division may not adjudicate a lease application that does not meet the requirements of this section, or that otherwise deviates from the form provided by the division. The division will return the application to the applicant with an explanation of the reason for its return. A new lease application may be filed later.

History

Authority: AS 38.05.020; AS 38.05.185 AS 38.05.035; AS 38.05.205
Eff. 9/5/74, Register 51; am 12/31/82, Register 84; am 5/30/85, Register 94; am 5/18/90, Register 114; am 8/26/98, Register 147

11 AAC 86.308 Mining Rights

11 AAC 86.308. Rental. Repealed 5/18/90.

11 AAC 86.309 Mining Rights

11 AAC 86.309. Showing of discovery. (a) The director will, in his or her discretion, at any time, require a showing of discovery for each mining claim or leasehold location included within a leasehold or listed in a lease application. (b) The showing of discovery required of a lessee must relate to the discovery originally sworn to in the application for a lease. However, the showing may be supported with subsequently acquired data. (c) The statement of discovery sworn to in a lease application is not confidential, but any supplemental geological, geophysical, or engineering data supplied in support of a showing of discovery will, upon the lessee's request, be kept confidential by the state and by any agents or experts consulted or retained by the state to assist in the determination of the existence of a discovery. (d) A mining claim or leasehold location determined by the director to lack a discovery is void and will be excluded or removed from the leasehold or the lease application.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.205
Eff. 5/30/85, Register 94

11 AAC 86.310 Mining Rights

11 AAC 86.310. Bond. Repealed 5/30/85.

11 AAC 86.311 Mining Rights

11 AAC 86.311. Survey of exterior boundary. (a) Unless otherwise specified by the director, within 10 years after the effective date of the lease, the exterior boundary of the leasehold must be surveyed in accordance with 11 AAC 53 and instructions issued by the department. (b) Repealed 1/19/2002.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.205
Eff. 5/30/85, Register 94; am 5/18/90, Register 114; am 1/19/2002, Register 161

11 AAC 86.312 Mining Rights

11 AAC 86.312. Lease duration. A lease will be issued for a term of 20 years, subject to renewal as provided in AS 38.05.205(c). However, the director will, in his or her discretion, set a different term if justified on the basis of the expected mine life.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.205
Eff. 5/30/85, Register 94

11 AAC 86.313 Mining Rights

11 AAC 86.313. Annual rental. (a) The provisions of this section apply to rental payments for mining leases other than for leases under AS 38.05.250. (b) A rental payment for a mining lease must be made in accordance with 11 AAC 86.107 and must be accompanied by a rental form provided by the department, a photocopy of that form, or a form approved by the director. The form must contain the name and address of the owner of record and the ADL number of the mining lease. (c) The annual rental amount is based on the number of acres included in the lease and the number of years since the predecessor claim or leasehold location of the mining lease was first located, as follows: Number of Years SinceRental Amount Per AcreFirst LocatedFor Mining Lease0-5$ 1.036-10$ 2.0611 or more$ 5.16 Before survey under 11 AAC 86.311, the rent will be based on the number of acres estimated in the lease document. (d) If a mining lease contains more than one claim or leasehold location, the predecessor claim or leasehold location for determining the rental amount is the claim or leasehold location that was located first. (e) For purposes of determining the amount of annual rental, a claim or leasehold location located on state land on or before August 31, 1989, is considered to have been first located on August 31, 1989, and the first rental year for such a claim or leasehold location is considered to have begun at noon on September 1, 1989. The first rental year for a claim or leasehold location located on or after September 1, 1989, begins on the date of posting location and ends at noon on the following September 1. (f) The first annual rental payment for a mining lease that becomes effective after August 31, 1989 will be applied to the period from the effective date of the lease to the next September 1. (g) A rental payment that was paid for a predecessor mining claim or leasehold location during the rental year in which a lease is issued will be credited toward the first annual rental payment under the lease. (h) The rental payment for each subsequent rental year is due on September 1 and must be paid on or before November 30. (i) If the lessee fails in whole or in part to make a timely rental payment, the mining lease will be considered in default and the department will supply the lessee a deficiency notice in accordance with 11 AAC 86.108, describing the lease in default by the lease's ADL number. In the notice, the department will advise the lessee that the lease will be terminated without further notice if the department does not receive the required payment in full within 30 days after the lessee's receipt of the notice.

History

Authority: AS 38.05.020; AS 38.05.185; AS 38.05.211 AS 38.05.035; AS 38.05.205; AS 38.05.265
Eff. 5/18/90, Register 114; am 8/26/98, Register 147; am 4/24/99, Register 150; am 1/19/2002, Register 161; am 8/23/2009, Register 191; am 8/30/2019, Register 231

11 AAC 86.314 Mining Rights

11 AAC 86.314. Annual labor. The annual labor requirements set out in AS 38.05.210 and 11 AAC 86.220 apply to a lease. If a lease includes multiple MTRSC locations, or a combination of traditional locations and MTRSC locations, the annual labor rate will be computed by the acreage method under AS 38.05.210(a)(3).

History

Authority: AS 27.05.010; AS 38.05.035; AS 38.05.265 AS 38.05.020; AS 38.05.210
Eff. 1/19/2002, Register 161; am 10/28/2022, Register 244

11 AAC 86.315 Mining Rights

11 AAC 86.315. Termination. Repealed 5/30/85.

11 AAC 86.320 Mining Rights

11 AAC 86.320. Relinquishment. Repealed 5/30/85.

11 AAC 86.321 Mining Rights

11 AAC 86.321. Surrender. Unless otherwise specified by the director, 11 AAC 82.635 applies to the surrender or relinquishment of an upland mining lease.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.205
Eff. 5/30/85, Register 94

11 AAC 86.325 Mining Rights

11 AAC 86.325. Transfers. Repealed 5/30/85.

11 AAC 86.350 Mining Rights

11 AAC 86.350. Termination of lease and reissuance. 11 AAC 86.400. Purpose and rights acquired. (a) A prospecting site may be located at the option of the prospector and nothing in this chapter requires that a prospecting site location must be made before any prospecting work may be done on state land. (b) The holder of a prospecting site on state land has the exclusive right, subject to any prior rights, to use the surface within the boundaries of the location for performing work acceptable as prospecting work under 11 AAC 86.425 and also has the exclusive right to stake mining claims or leasehold locations within the boundaries of the prospecting site. The exclusive right begins when the corners and boundaries are marked and the location notice posted as required in 11 AAC 86.405 and 11 AAC 86.410 and terminates as provided in 11 AAC 86.420.

Article 5 Prospecting Sites

11 AAC 86.400 Mining Rights

11 AAC 86.400. Purpose and rights acquired. (a) A prospecting site may be located at the option of the prospector and nothing in this chapter requires that a prospecting site location must be made before any prospecting work may be done on state land. (b) The holder of a prospecting site on state land has the exclusive right, subject to any prior rights, to use the surface within the boundaries of the location for performing work acceptable as prospecting work under 11 AAC 86.425 and also has the exclusive right to stake mining claims or leasehold locations within the boundaries of the prospecting site. The exclusive right begins when the corners and boundaries are marked and the location notice posted as required in 11 AAC 86.405 and 11 AAC 86.410 and terminates as provided in 11 AAC 86.420.

History

Authority: AS 38.05.020; AS 38.05.245
Eff. 9/5/74, Register 51

11 AAC 86.405 Mining Rights

11 AAC 86.405. Boundaries and corners. Boundaries and corners of a prospecting site must be marked in accordance with 11 AAC 86.205.

History

Authority: AS 38.05.020; AS 38.05.245
Eff. 9/5/74, Register 51; am 5/30/85, Register 94

11 AAC 86.410 Mining Rights

11 AAC 86.410. Prospecting site location notice and certificate of location. (a) On a monument at the northeast corner of the prospecting site location, the locator shall attach or post a notice. The notice may be in any form, including as a metal tag. The notice must include (1) the name or number of the prospecting site location; (2) the date of posting the notice of location; (3) the meridian, township, range, section, and quarter-section of the prospecting site location; (4) a sketch depicting, to the best of the locator's knowledge, the relationship of the prospecting site to adjacent and contiguous prospecting sites, mining claims, and leasehold locations; (5) the name and current mailing address of each locator; and (6) the recording district in which the prospecting site is located. (b) The holder of a prospecting site location shall, within 45 days after the date of posting the location notice, record a certificate of location in the recording district in which the location is situated using a form approved by the department, or a substantially similar form meeting the recording requirements of 11 AAC 06.040. The certificate of location must include (1) the name or number of the prospecting site location; (2) the date of posting the notice of location; (3) the meridian, township, range, section, and quarter-section of the prospecting site location; (4) the name and current mailing address of each locator, and the signature of each locator or of the locator's agent; (5) the name of the recording district in which the prospecting site is located; and (6) a map at an indicated scale of 1:63,360 (one inch = one mile) or a more detailed scale that shows the boundaries of the prospecting site, the dominant physical features of the land, the protracted or surveyed section lines surrounding the prospecting site, and, to the best of the locator's knowledge, the relationship of the prospecting site to adjacent and contiguous mining claims, leasehold locations, and prospecting sites; (7) repealed 1/19/2002. (c) Failure to record a certificate of location within 45 days, as provided in (b) of this section, constitutes abandonment under AS 38.05.265 of all rights in the prospecting site location. (d) Repealed 5/30/85. (e) Repealed 5/30/85. (f) Repealed 5/30/85.

History

Authority: AS 38.05.020; AS 38.05.245; AS 38.05.265
Eff. 9/5/74, Register 51; am 12/31/82, Register 84; am 5/30/85, Register 94; am 8/16/2000, Register 155; am 1/19/2002, Register 161

11 AAC 86.415 Mining Rights

11 AAC 86.415. Recordation of sale, lease, or other transfer. Repealed 5/30/85.

11 AAC 86.420 Mining Rights

11 AAC 86.420. Duration. Repealed 5/30/85.

11 AAC 86.422 Mining Rights

11 AAC 86.422. Term and rental. (a) The provisions of AS 38.05.245(c) set the term of a prospecting site located on or after August 20, 2000. Expenditures for prospecting work on a prospecting site location may not be credited toward expenditures for annual labor for a mining claim or leasehold location. (b) The rental required for a prospecting site is $305 and must be paid in accordance with 11 AAC 86.107. The rental for a prospecting site located on state land is due within the time provided by AS 38.05.245(c). The rental for a prospecting site located on state-selected land is due on the date the federal government conveys all or a portion of the land within the location to the state, and must be paid within 90 days after that date. Before the date of conveyance, a locator of a prospecting site on state-selected land may submit a $305 payment with the certificate of location, as provided in 11 AAC 86.107. The payment will be considered a non-refundable deposit credited to the required rental payment if the selection is conveyed to the state.

History

Authority: AS 38.05.020; AS 38.05.245 AS 38.05.211; AS 38.05.265
Eff. 1/19/2002, Register 161; am 8/23/2009, Register 191; am 8/30/2019, Register 231

11 AAC 86.425 Mining Rights

11 AAC 86.425. Prospecting work. (a) During each year of the term of a prospecting site, acceptable work amounting to at least $5 per acre for the area enclosed within the prospecting site location must be performed. (b) The only prospecting work acceptable for holding prospecting sites is (1) drilling or excavating; or (2) geological, geophysical, or geochemical work by persons qualified to do the work.

History

Authority: AS 38.05.020; AS 38.05.245
Eff. 9/5/74, Register 51; am 5/30/85, Register 94; am 1/19/2002, Register 161

11 AAC 86.430 Mining Rights

11 AAC 86.430. Prospecting sites located before August 20, 2000. (a) A prospecting site located before August 20, 2000 may be extended once for a period of one year beyond the original expiration date by recording a notice of extension, in the recording district where the prospecting site is located, during the 90-day period before the prospecting site expires. (b) The notice of extension for a prospecting site located before August 20, 2000 must meet the recording requirements of 11 AAC 06.040 and must (1) contain the name and current mailing address of the locator; (2) contain the name and ADL number of the prospecting site being extended, and the (A) book and page number of the site's original recorded certificate of location; or (B) serial number of the site's original recorded certificate of location; (3) state why an extension is needed; (4) be signed by the locator or the locator's agent; and (5) indicate each meridian, township, range, section, and quarter-section in which the prospecting site is situated and the recording district in which the site is located. (c) A locator of a prospecting site located before August 20, 2000 may request further one-year extensions by submitting a written request to the director no later than 90 days before the expiration of the prospecting site. The request for extension must contain the information required under (b) of this section. The director may request that additional information be supplied to support the request for extension. The director will grant further extensions only under unusual circumstances. (d) If a further extension is granted by the director, the prospecting site locator shall, no later than 90 days after delivery of the notice of extension, record the notice in the recording district in which the site is located. (e) The amount of work required during the first year of extension of the prospecting site is $5 per acre. During each subsequent year of extension, the required work is $10 per acre. (f) If a prospecting site has been located before August 20, 2000 on state-selected land, and conveyance to the state occurs on or after that date, the rights, responsibilities, and conditions for acquisition and maintenance of the prospecting site are those applicable to sites located on and after August 20, 2000, as provided in AS 38.05.245, AS 38.05.265, and 11 AAC 86.422.

History

Authority: AS 38.05.020; AS 38.05.245
Eff. 9/5/74, Register 51; am 5/30/85, Register 94; am 5/18/90, Register 114; am 1/19/2002, Register 161

11 AAC 86.435 Mining Rights

11 AAC 86.435. Staking claims on expired sites. The expiration of a prospecting site does not prevent the locator from staking a mining claim or leasehold location in the area formerly covered by the prospecting site location.

History

Authority: AS 38.05.020; AS 38.05.245
Eff. 9/5/74, Register 51; am 5/18/90, Register 114

Authority: AS 38.05.020; AS 38.06.250(a)
Eff. 9/5/74, Register 51; am 1/1/83, Register 85

11 AAC 86.525 Mining Rights

11 AAC 86.525. Failure to comply. Repealed 5/30/85.

11 AAC 86.528 Mining Rights

11 AAC 86.528. Permit extension. An offshore prospecting permit will not be extended or renewed.

History

Authority: AS 38.05.020; AS 38.05.250
Eff. 5/30/85, Register 94

11 AAC 86.530 Mining Rights

11 AAC 86.530. Conversion of an offshore prospecting permit to a mining lease. (a) At any time while an offshore prospecting permit is in effect, the permittee is entitled to a noncompetitive mining lease on that part of the permit area that has been shown to the satisfaction of the director to contain workable mineral deposits. The leased land will be described by legal subdivision according to the official survey or to the official protraction diagram approved by the Bureau of Land Management or the Department of Natural Resources. (b) An application to convert a permit to a noncompetitive mining lease must be filed in accordance with 11 AAC 88.105. If the application is filed before the permit expires, the permit's expiration is postponed while the application is being processed. Until processing is completed, the permittee retains all rights specified in the permit until otherwise notified by the department, and the locatable minerals in the land described in the conversion application remain segregated from filing under other offshore prospecting permit applications or as mining locations. There is no further rental obligation after the original expiration date. A decision denying conversion to a lease will be accompanied by a written explanation of the grounds for the denial. (c) A permittee applying to convert the permit to an offshore mining lease has the burden of demonstrating to the director's satisfaction that each of the requirements for the issuance of a lease has been met, and shall provide sufficiently reliable and detailed economic, geophysical, geologic, and engineering data to enable the director to make a knowledgeable decision. The following information must be submitted in support of the lease application: (1) an estimate of reserves, including a statement of whether these reserves are measured, indicated, or inferred, together with sufficient geologic, geophysical, and engineering data to substantiate the reserve estimates; (2) the average grade of recoverable reserves, including a discussion of the sample density, sample collection technique, sample preparation, and analytical testing methods; (3) topographic, geologic, or ocean floor maps that clearly show the location of all samples, trenches, drill holes, and geophysical surveys, and the outline of the ore body; (4) a description of the probable mining and recovery methods; (5) an economic appraisal of the proposed mining operation that estimates both the revenue from the sale of the ore and the costs of mine development and of extracting, milling, transporting, and marketing the ore; (6) an evaluation of toxic materials that naturally occur in the proposed mining area and proposed methods to control the release of those materials; (7) any additional documentation required by the director to assist in evaluating the conversion of a prospecting permit to a lease. (d) Any financial information and geological, geophysical, engineering, and cost data supplied by the applicant as part of the application will be kept confidential at the applicant's request. Such data must be clearly identified by the applicant and separated from information not qualifying as confidential. (e) In this section, "workable mineral deposit" means a locatable mineral deposit that has been shown by the applicant to have a reasonable prospect of developing into a successful mine, based on the presence of one or more locatable minerals of sufficient value and quantity to induce a prudent operator to pursue development under present conditions.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.250
Eff. 9/5/74, Register 51; am 1/1/83, Register 85; am 5/30/85, Register 94

11 AAC 86.532 Mining Rights

11 AAC 86.532. Duration of "grandfather rights" leases. When an offshore lease that was issued before 1982 is renewed, the term of the new lease will be 10 years, subject to extension as provided in AS 38.05.250.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.250
Eff. 5/30/85, Register 94

11 AAC 86.535 Mining Rights

11 AAC 86.535. Survey. The provisions of 11 AAC 82.640 - 11 AAC 82.650 apply to offshore mining leases.

History

Authority: AS 38.05.020; AS 38.05.250
Eff. 9/5/74, Register 51; am 5/30/85, Register 94

11 AAC 86.540 Mining Rights

11 AAC 86.540. Lease rental. Repealed 5/18/90.

11 AAC 86.541 Mining Rights

11 AAC 86.541. Offshore mining lease rental. (a) A rental payment for a tide or submerged land mining lease must be made in accordance with 11 AAC 86.107. Each payment must be accompanied by a rental form provided by the department, a photocopy of that form, or a rental form approved by the director. The rental form must contain the name and address of the owner of record and the ADL number of the lease. The department will, in its discretion, refuse to accept a payment submitted without the required information. (b) The amount of the annual rental payment is $1.03 per acre during the first five years of the lease, $2.06 per acre during the next five years of the lease, and $5.16 per acre after that. Payments made for an offshore prospecting permit will not be applied against the rent that becomes due after the permit is converted to a lease. (c) The first rental year for a tide or submerged land mining lease that was issued on or before August 31, 1989 began at noon on September 1, 1989 and payment for that rental year must be made on or before June 29, 1990. The rental payment for each subsequent rental year is due on September 1 and must be paid on or before November 30. (d) The first annual rental payment for a tide or submerged land mining lease issued after August 31, 1989 must be paid within 90 days after the effective date of the lease and will be applied to the period from the effective date of the lease to the following September 1. The rental payment for each subsequent rental year is due on September 1 and must be paid on or before November 30. (e) If the lessee fails to make a timely rental payment, the lease will be considered abandoned under AS 38.05.265. If a rental payment is timely submitted to the department, but the director determines that the payment is less than the amount due, the lessee will be granted 30 days after a deficiency notice is delivered under 11 AAC 86.108 to submit the additional rental due. The deficiency notice will specify the ADL number of the lease that will be considered abandoned without further notice if full payment is not received within the 30-day period.

History

Authority: AS 38.05.020; AS 38.05.185; AS 38.05.250 AS 38.05.035; AS 38.05.211; AS 38.05.265
Eff. 5/18/90, Register 114; am 4/24/99, Register 150; am 8/23/2009, Register 191; am 8/30/2019, Register 231

11 AAC 86.545 Mining Rights

11 AAC 86.545. Leases granted by competitive bidding. If the director offers tide and submerged lands containing known deposits of locatable minerals for lease, leases will be granted under the competitive bidding procedures of 11 AAC 82.400 - 11 AAC 82.475. Known deposits of locatable minerals are those determined by the director, after reviewing public information, to exist in sufficient quantity and quality to induce further development towards production of minerals for sale.

History

Authority: AS 38.05.020; AS 38.05.145; AS 38.05.250
Eff. 9/5/74, Register 51; am 5/30/85, Register 94

11 AAC 86.550 Mining Rights

11 AAC 86.550. Bond. Repealed 5/30/85.

11 AAC 86.555 Mining Rights

11 AAC 86.555. Termination. Repealed 5/30/85.

11 AAC 86.560 Mining Rights

11 AAC 86.560. Relinquishment. Repealed 5/30/85.

11 AAC 86.561 Mining Rights

11 AAC 86.561. Surrender. 11 AAC 82.635 applies to the surrender or relinquishment of an offshore prospecting permit or offshore mining lease.

History

Authority: AS 38.05.020; AS 38.05.250
Eff. 5/30/85, Register 94

11 AAC 86.565 Mining Rights

11 AAC 86.565. Land in terminated permits and leases. The procedures of 11 AAC 82.500 - 11 AAC 82.540 pertaining to land in terminated permits and leases are applicable to land on which permits or leases under this chapter have terminated unless the land has been classified for competitive leasing.

History

Authority: AS 38.05.020(b)AS 38.05.035(a)
Eff. 9/5/74, Register 51; am 1/1/83, Register 85

11 AAC 86.570 Mining Rights

11 AAC 86.570. Transfers. Repealed 5/30/85.

11 AAC 86.575 Mining Rights

11 AAC 86.575. Production and lease extension. (a) To qualify for extension of an offshore mining lease for so long as production continues, production must be achieved by the end of the lease's stated term. (b) Under the circumstances set out in AS 38.05.250(d), the lessee may apply for a short-term extension of a lease that is not yet in production.

History

Authority: AS 38.05.020; AS 38.05.205; AS 38.05.250
Eff. 5/30/85, Register 94

11 AAC 86.580 Mining Rights

11 AAC 86.580. Suspension. (a) An application for a suspension of operations and production under a lease must comply with 11 AAC 88.105 and must contain complete information showing the necessity or justification for the suspension. (b) No lease expires because production or operations leading to production are suspended by order of or with the assent of the department. When a suspension is removed, the lessee will have a reasonable time, which will not be less than six months, to resume operations or production.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.250
Eff. 5/30/85, Register 94

Article 7 Millsites

11 AAC 86.600 Mining Rights

11 AAC 86.600. Millsite permit. (a) The director may grant the owner of a mining interest on federal, state, or private land a millsite permit for use of the state's surface estate for a millsite, tailings disposal, or another use necessary for the mineral development. The surface estate subject to the millsite permit must be on or near the owner's mining interest. The director will set the term of the millsite permit for a duration that is appropriate to the permittee's use of the site, and will condition the millsite permit upon payment of fair market rental value for the term of the permit. (b) This section does not require an owner of a mineral location under AS 38.05.185 - 38.05.275 to obtain a millsite permit for use of the state's surface estate within the boundaries of the location.

History

Authority: AS 38.05.020; AS 38.05.255
Eff. 9/5/74, Register 51; am 8/26/98, Register 147

Eff. 5/12/83, Register 86; repealed 8/26/98, Register 147

Authority: AS 38.05.212
Eff. 7/26/91, Register 119; am 1/19/2002, Register 161

Authority: AS 38.05.020(b)AS 38.05.270
Eff. 5/30/85, Register 94

Chapter 87 Geothermal Drilling and Conservation

Article 1 Applicability

11 AAC 87.010 Applicability

This chapter applies to the exploration of geothermal systems and the drilling of all geothermal wells in the state.

History

Authority: AS 38.05.020; AS 41.06.020 AS 38.05.181; AS 41.06.040
Eff. 5/8/83, Register 86

Article 2 Exploratory Operations

11 AAC 87.030 Geothermal exploration permit for shallow holes

(a) An operator shall file an application for a geothermal exploration permit before drilling shallow holes for purposes of measuring heat flow or temperature gradient.

(b) The application fee prescribed by 11 AAC 05.140 must accompany each application for an exploration permit. The application must include the following information:

(1) the name and address of the landowner;

(2) the name and address of the operator;

(3) the legal description and map of the exploration area;

(4) the approximate location of each proposed hole;

(5) the type and size of drilling rig;

(6) the proposed drilling program, including the drilling system or type of circulating medium for, approximate depth of, and casing program for each hole;

(7) the type of drilling sump and proposed method of sump abandonment at each location;

(8) the approximate length of time that each hole will be used for observation;

(9) the proposed method of abandonment for each hole;

(10) sufficient information to enable the commissioner to determine whether the proposed operation will comply with 11 AAC 84.895; and

(11) any other relevant information the commissioner determines necessary.

(c) A geothermal exploration permit will be granted for a term not to exceed two years. A permit may be extended for any number of consecutive periods, each period not to exceed one year. Modifications to the original proposal must receive prior approval from the commissioner. The commissioner will, in his discretion, modify permit stipulations.

(d) Each geothermal exploration permit issued is subject to the following provisions and any other provisions the commissioner determines necessary to assure compliance with this chapter:

(1) The drilling of shallow holes may not exceed 1500 feet.

(2) Flowline temperatures must be taken at a minimum of 30-foot intervals during drilling operations. If the fluid return temperature reaches 85° C (185° F), drilling must cease immediately and the hole must be

(A) completed as an observation hole by running iron or steel tubing as deep as possible and filling the annulus with drilling mud from total depth to 10 feet below the surface and with cement from a depth of 10 feet to the surface;

(B) abandoned; or

(C) equipped with mud cooling and wellhead control devices to maintain well control and mud return temperature at or below 85° C (185° F).

(3) If steam or hot water at 85° C (185° F) or greater, as measured at the surface or at the depth drilled, is encountered, further drilling must stop immediately and the hole must be

(A) completed as an observation hole, using iron or steel tubing cemented from total depth to surface;

(B) abandoned in compliance with 11 AAC 87.160; or

(4) If artesian water is encountered

(A) the hole must be plugged to the satisfaction of the commissioner; or

(B) developed as a water well for water use or hydrothermal use under AS 46.15.

(5) If the conditions outlined in (2) - (4) of this subsection are encountered, the commissioner must be notified immediately.

(6) Locations proposed in natural thermal areas within a quarter mile radius of hot springs, fumaroles, or other geothermal surface expression or in areas of known artesian water flow must be identified. The commissioner will, in his discretion, require special drilling and completion techniques, such as cemented surface casing and expansion-type blowout preventers, for those holes.

(7) An adequate supply of mud and lost circulation material must be kept on hand.

(8) Observation holes must be completed in a manner allowing satisfactory subsequent abandonment. At a minimum, the annular space must be filled with mud or cuttings from total depth to 10 feet below the surface and with cement from a depth of 10 feet to the surface. Tubing must be capped when not in use.

(9) Abandonment of holes must be done in a manner that will protect freshwater aquifers and prevent subsurface interzonal migration of fluids and surface leakage. At a minimum, the boring must be filled with mud or cuttings from total depth to 10 feet below the surface and with cement from a depth of 10 feet to the surface. For observation holes, the top 10 feet of tubing below the surface must be filled with cement and the tubing cut off at ground level or in a manner otherwise directed by the commissioner.

History

Authority: AS 38.05.020; AS 41.06.020; AS 46.15.020 AS 38.05.035; AS 41.06.040 AS 38.05.181; AS 41.06.050
Eff. 5/8/83, Register 86; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 87.040 Completion of geothermal exploration

The operator shall submit a report to the commissioner within 60 days after completion of geothermal exploration and include the following information:

(1) final hole designation and location;

(2) a drilling log noting any water table, aquifers, and sale and mineral deposits encountered;

(3) methods of cementing and completion, and types of casing and tubing used;

(4) complete details of abandonment procedures;

(5) any information on drilling difficulties or unusual circumstances encountered which may be helpful in assuring future safety of operations or protection of the environment in the area concerned; and

(6) temperature data and logs for each hole surveyed.

History

Authority: AS 38.05.020; AS 41.06.020; AS 41.06.050 AS 38.05.181; AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.050 Exploration bond

The permittee may be required to furnish a personal or corporate surety bond acceptable to the commissioner and conditioned upon compliance with all the terms of the permit. The commissioner will determine the amount of the bond based on the scope of the activity planned. Operations requiring a bond may not commence until an acceptable bond has been filed. Within 30 days after receipt of a completed application, the commissioner will notify the applicant whether bond will be required.

History

Authority: AS 38.05.020; AS 41.06.020 AS 38.05.181; AS 41.06.040(b)
Eff. 5/8/83, Register 86

Article 3 Drilling of Geothermal Wells

11 AAC 87.070 Drilling permit

(a) Unless authorized under 11 AAC 87.030, a drilling permit is required before the drilling, redrilling, or deepening of any well and before the reentry of an abandoned well. However, in an emergency, oral approval by the commissioner of any operation covered by 11 AAC 87.070 - 11 AAC 87.190 is sufficient.

(b) The application fee prescribed by 11 AAC 05.140 must accompany each application for a drilling permit. The application must include the following:

(1) the name and address of the landowner or lessee;

(2) a legal description and map of the parcel and well location;

(3) the name and address of the operator;

(4) the well name and number;

(5) the proposed bottom-hole coordinates for a directionally drilled well;

(6) the datum elevation or elevation of the derrick floor, rotary table, or kelly bushing, relative to surface level;

(7) the elevation of the ground, relative to sea level;

(8) the estimated depth of the intended zone of completion, relative to datum;

(9) the estimated planned total depth, relative to datum;

(10) a description of the proposed casing program as required in 11 AAC 87.120;

(11) a description of the blowout prevention equipment to be used and the information required by 11 AAC 87.130;

(12) a description of the proposed sump plan and method of sump abandonment;

(13) an indemnity bond as required by 11 AAC 87.080; and

(14) any other relevant information the commissioner determines necessary.

(1) the surface and proposed producing interval locations;

(2) a plat drawn to an appropriate scale showing the path of the proposed wellbore in relation to all other vertical and deviated wellbores which are within a distance of 2000 feet from the proposed wellbore; the true vertical depths must be shown at frequent intervals along each wellbore; and

(3) a neat and accurate plat of the lease and all affected leases, showing the names of all affected owners and the surface and proposed producing interval locations of the well and all other wells within one-half mile of any portion of the new well; the plat must be drawn to a scale which will permit easy observation of all pertinent data.

(d) If drilling is not commenced within 24 months after approval, the drilling permit expires.

(e) Any proposed changes to the drilling permit must be approved by the commissioner.

History

Authority: AS 38.05.035; AS 41.06.040 AS 41.06.020; AS 41.06.050
Eff. 5/8/83, Register 86; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 87.080 Drilling bond

(a) An applicant for a drilling permit shall file an indemnity bond for each well drilled, redrilled, or deepened, or a statewide bond for the drilling, redrilling, or deepening of one or more wells on the same lease or unit area. The bond must be in the amount the commissioner determines necessary to ensure compliance with the applicable provisions of this chapter.

(b) The bond may either be a personal bond or a corporate surety bond executed by an insurance company authorized to do business in Alaska.

(c) The bond must be conditioned upon compliance with all terms of the permit and must remain in effect until the abandonment of all wells covered by the bond is approved by the commissioner and the bond is released or until another valid bond for the well has been filed with the commissioner.

(d) The commissioner's approval of the abandonment of a well and the release of the bond constitutes a presumption of proper abandonment, but does not relieve an operator of liability to the state after the abandonment.

(e) If authorized by the commissioner, comparable security, such as a certificate of deposit, may be submitted instead of the bond required by this section.

History

Authority: AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.090 Change of operator

An operator wishing to relinquish the role of operator shall notify the commissioner in writing. The newly designated operator shall notify the commissioner in writing of acceptance of the obligations as operator and shall furnish a bond as provided in 11 AAC 87.080.

History

Authority: AS 41.06.020; AS 41.06.240
Eff. 5/8/83, Register 86

11 AAC 87.100 Well identification

(a) Every well and every operating geothermal drilling rig must be identified by a sign posted in a conspicuous place on or near the well. The sign must be of durable construction, large enough to be legible under normal conditions at a distance of 50 feet, and maintained in legible condition. Each sign must show

(1) the name of the lease or ADL number, if applicable;

(2) the name of the landowner or lessee;

(3) the name of the operator;

(4) the well number;

(5) the well surface location by quarter section, township, range and meridian; and

(6) the drilling permit number, if applicable.

(b) The name of each lease or unit must be different and distinct.

History

Authority: AS 41.06.020; AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.110 Records

(a) An operator of a well shall keep detailed and accurate drilling and well logs, core records, production and inspection records, and, if taken, appropriately bagged and identified samples of drill cuttings.

(b) The logs for geothermal wells must show the lithologic characteristics and depth of formations encountered; the depths and temperatures of water-bearing and steam-bearing strata; any data obtained about the temperatures, chemical compositions and physical characteristics of fluids encountered; the amount, size, and weight of casing used; and the size, type, and density of perforated intervals.

(c) The temperature log must be obtained by either continuous temperature logging or by a comprehensive multiple point temperature survey.

(d) The core record must show the depth and character of cores obtained, as determined from the study and analysis of the core.

(e) The drilling log must describe in chronological order and on a daily basis all significant operations carried out and equipment used during all phases of drilling. The results of testing blowout prevention equipment must be recorded on the drilling log. A monthly report of drilling and workover operations which summarizes the daily record of well operation during the previous month must be filed with the department on or before the last day of each month.

(f) Records listed in (a) - (e) of this section must be kept at the drill site or local office of the operator, available for inspection at reasonable times by the commissioner, and must be submitted to the department with the completion report required in 11 AAC 87.190.

(g) Monthly statements required by 11 AAC 87.210, and records of the inspections conducted under 11 AAC 87.250, for the preceding calendar month, must be filed with the department by the last day of each calendar month.

History

Authority: AS 38.05.020; AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.120 Casing and cementing

(a) A proposed casing and cementing program must be included in the application for a drilling permit. A casing program must be designed to

(1) handle stress imposed by the maximum expected temperature and pressure and the physical effects of produced fluids and gases on casing and cement durability;

(2) provide suitable and safe operating conditions for the total depth proposed;

(3) confine fluids to the wellbore, unless slotted liners or perforated casings are used;

(4) prevent migration of fluids from one stratum to another;

(5) assure control of fluids at all well pressures and temperatures encountered;

(6) protect permafrost areas from thaw subsidence and freezeback effects;

(7) prevent contamination of strata bearing freshwater; and

(8) provide well control until the next string of casing is set.

(b) The conductor casing string may be set by drilling, driving, or jetting; if the hole is drilled, a sufficient quantity of cement must be used to fill the annular space to the surface or mud line.

(1) extend below the base of any freshwater sands or permafrost to a depth that will insure proper anchorage;

(2) be set into a competent stratum with sufficient cement in the annulus to circulate to the surface; if cement does not circulate to the surface when required, the annulus must be cemented before drilling ahead or initiating tests; and

(3) be cemented through a sufficient series of low permeability, competent lithologic units, such as claystone or siltstone, to insure a solid anchor for blowout prevention equipment and to protect useable groundwater and surface water from contamination.

(d) Intermediate casing must be set to maintain well control, and cemented over its full length.

(e) The production casing string may be set through or just above the production or injection interval and must be

(1) cemented with sufficient cement to fill the annular space from the shoe to the surface or lapped a minimum of 100 feet into intermediate casing string, if run; and

(2) tested in accordance with (i) of this section.

(f) Liners may be set as an intermediate or production string. A cemented liner must have a minimum of 100 feet of cemented lap with the next larger casing string. Before drilling ahead, cemented liner and lap must be tested by a fluid entry or pressure test, in accordance with (i) of this section, to determine that a seal between the liner and next larger string has been achieved.

(g) A cement plug or shoe in the casing strings required by (b) - (f) of this section must not be drilled until a minimum compressive strength of 300 psig at bottom-hole conditions has been attained according to the manufacturer's cement strength tables for the particular cement being used. Casings must be tested before drilling ahead in accordance with (i) of this section.

(h) Within permafrost intervals, fluids which have a freezing point above the minimum permafrost temperature may not be left in the annulus between any two strings of pipe, or inside the casing upon completion or suspension of a well without the commissioner's approval.

(i) With the exception of the conductor casing, before drilling out the casing or liner after cementing, all casing strings, liners, and liner laps must be tested to a surface pressure of 50 percent of the minimum internal yield strength of the casing or 1500 psig, whichever is lower. If the pressure declines more than 10 percent in 30 minutes or if there are indications of improper cementing such as lost returns, cement channelling, or mechanical failure of equipment, corrective measures must be taken until a satisfactory test is obtained. Test reports must be filed with the department within 30 days after testing.

(j) Variances or additional restrictions may be imposed as the commissioner considers necessary for special or unusual conditions.

History

Authority: AS 41.06.010; AS 41.06.030; AS 41.06.050 AS 41.06.020; AS 41.06.040; AS 41.06.060
Eff. 5/8/83, Register 86

11 AAC 87.130 Blowout prevention

(a) All necessary precautions must be taken to keep all wells under control at all times. The following general procedures must be followed, unless waived or amended by the commissioner:

(1) Blowout preventers and related well control equipment must be installed, tested immediately after installation, and maintained ready for use until drilling operations are completed.

(2) Temperature-sensitive components, such as packing elements and ram rubbers, must be made of material that will resist as high a temperature as necessary.

(3) All kill lines, blowdown lines, manifolds, and fittings must be steel or iron and must have a minimum working pressure and temperature rating exceeding the maximum anticipated surface pressure and temperature.

(4) Subject to (b) and (c) of this section, blowout prevention equipment must have manually-operated position selectors, hydraulic actuating systems and accumulators of sufficient capacity to close all of the hydraulically-operated equipment, and must have a pressure of greater than 1,000 psig remaining on the accumulator.

(5) Dual control stations must be installed with a high-pressure backup system. One control panel must be located at the driller's station and one control panel must be located on the ground at least 50 feet away from the wellhead or rotary table.

(6) Air or other gaseous fluid drilling systems must have blowout prevention assemblies. Assemblies may include, but are not limited to, a rotating head, a double ram blowout preventer or equivalent, or a blind ram blowout preventer or gate valve.

(b) A proposed blowout prevention program and blowout contingency plan must be submitted with the application for a drilling permit and meet the following minimum requirements:

(1) Before drilling below the conductor casing string, at least one remotely controlled annular preventer and flow diverter system must be installed. The annular preventer must permit the diversion of geothermal and other fluids.

(2) Before drilling below the surface casings or intermediate or production casings, the blowout prevention equipment must include a minimum of

(A) one expansion-type preventer and accumulator or a rotating head;

(B) both a manual and a remote-controlled hydraulically-operated double ram blowout preventer, or acceptable alternative having a minimum working pressure and temperature rating exceeding the maximum anticipated surface pressure and temperature;

(D) a fillup line;

(E) a kill line equipped with at least one valve; and

(F) a blowdown line equipped with at least two valves and securely anchored at all bends and at the end.

(c) Blowout equipment must be tested or inspected in accordance with the following provisions and the results recorded in the drilling log:

(1) Ram-type blowout preventers and auxiliary equipment must be tested to a minimum of 1,000 psig or to the working pressure of the casing or assembly, whichever is less. Expansion-type blowout preventers must be tested to 70 percent of the above pressure testing requirements.

(2) The blowout prevention equipment must be pressure tested

(A) when installed;

(B) before drilling out plugs and casing shoes;

(D) following repairs that require disconnecting a pressure seal in the assembly.

(3) During drilling operations, blowout prevention equipment must be actuated to test proper functioning as follows:

(A) once each trip for blind and pipe rams but not less than once each day for pipe rams; and

(B) at least once each week on the drill pipe for expansion-type preventers.

(4) All flange bolts must be inspected at least weekly and tightened as necessary during drilling operations.

(5) The auxiliary control systems must be inspected daily to check the mechanical condition and effectiveness.

(6) Blowout prevention and auxiliary control equipment must be cleaned, inspected and, if necessary, repaired before installation.

(d) Blowout prevention controls must be plainly labeled. All crew members must be instructed on the function and operation of this equipment.

(e) A blowout prevention drill must be conducted weekly for each drilling crew.

(f) A drill string safety valve in the open position must be maintained on the rig floor at all times while drilling operations are being conducted. A kelly cock must be installed between the kelly and the swivel.

(g) The properties, use, and testing of drilling fluids and related drilling procedures must be adequate to prevent the blowout of any well. Sufficient drilling fluid materials to ensure well control must be maintained in the field area and be readily accessible for use at all times. Control and testing procedures are as follows:

(1) Before pulling drill pipe, the drilling fluid must be properly conditioned or displaced. The hole must be kept reasonably full at all times; however, in no event may the annular mud level be deeper than 30 meters (100 feet) from the rotary table when coming out of the hole with drill pipe. Mud cooling techniques must be utilized when necessary to maintain mud characteristics for proper well control and hole conditioning.

(2) Mud testing and treatment consistent with good operating practice must be performed daily or more frequently as conditions warrant. Mud testing equipment must be maintained on the drilling rig at all times.

(3) The following drilling fluid system equipment must be installed and operated continuously during drilling operations:

(A) high-low level mud pit indicator including a visual and audio-warning device;

(B) degassers, desilters, and desanders, or acceptable alternatives;

(C) a mechanical, electrical, or manual surface drilling fluid temperature monitoring device; the temperature of the drilling fluid going into and coming out of the hole must be monitored, read and recorded on the drilling log for a minimum of every 30 feet of hole drilled below the conductor casing; and

(D) a hydrogen sulfide indicator and alarm must be installed in areas suspected or known to contain hydrogen sulfide gas which may reach levels considered to be dangerous to the health and safety of personnel in the area.

(h) Unless the well is secured with blowout preventers or cement plugs, a member of the drilling crew or the toolpusher must monitor the rig floor from the time drilling operations are initiated and until the well is completed or abandoned.

(i) No exceptions to the requirements in this section are allowed without the specific prior approval of the commissioner.

History

Authority: AS 41.06.020; AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.140 Well spacing and production rates

The commissioner will approve a proposed well spacing and production rate program or prescribe modifications determined necessary for proper development and conservation of geothermal resources to qualify a proposed well spacing and production rate program for approval, considering factors such as

(1) the topography of the area;

(2) geologic and reservoir conditions;

(3) the minimum number of wells required for adequate development; and

(4) protection of the environment.

History

Authority: AS 41.06.010; AS 41.06.020; AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.150 Deviation

(a) Any well which is not intentionally deviated must be surveyed to determine the inclination from the vertical with surveys starting at 500 feet and no more than 500 feet apart to total depth. The commissioner will, in his discretion, require a complete continuous multi-shot directional survey if the validity of single shot data is questioned.

(b) Any well which will be intentionally deviated is subject to the following procedure:

(1) If drilling is in progress, the operator shall notify the commissioner immediately of the intention to deviate and obtain verbal or written approval, or proceed at the operator's own risk. The operator shall file an application as soon as practical and obtain another drilling permit as required in 11 AAC 87.070.

(2) If the applicant is the only affected owner and the commissioner does not object to the application, the commissioner will approve the requested deviation immediately. If there are other affected owners, the commissioner will notify those owners and hold the application for 15 days unless a letter of nonobjection from each affected owner is filed with the commissioner. If no objection from affected owners is filed with the commissioner in 15 days, the commissioner will approve the application and issue a drilling permit.

(3) The operator must run a complete, continuous directional survey at intervals not more than 100 feet apart, beginning within 100 feet of the point of deviation of the well. Survey points in the undeviated portion of the well may not be more than 300 feet apart. The commissioner will, in his discretion, require a continuous multi-shot survey if the validity of single shot data is questioned.

(c) Within 30 days after the completion, abandonment, or suspension of the well, a complete copy of each inclination and directional survey obtained or a composite survey must be filed with the commissioner. If a composite survey is filed, the operator shall specify the portion of each survey used in the composite.

(d) If the proposed or final location of the producing interval of the deviated well is not in compliance with 11 AAC 87.140, the operator shall apply to the commissioner for a waiver.

(e) For the purpose of this section, an affected owner is an owner in a quarter section contiguous with or touching at any point any quarter section upon which the operation is proposed. In areas where irregularly shaped leases are being drilled, the commissioner will determine which owners are affected.

(f) Inclination and directional survey reports must contain, where applicable, the following information:

(1) the name of the surveying company;

(2) the name, title, and signature of the person actually performing the survey;

(3) the date on which the survey was performed;

(4) the type of survey conducted;

(5) the method used in calculating the survey;

(6) a complete identification of the well indicating the name of the operator, the lease name, the well number, and the field name;

(7) the depth interval over which the survey was conducted;

(8) a certified plat showing the surface location, the plotted well course, and the nearest lease lines or unit lines; and

(9) a tabulation of the depth and drift angles for all inclination survey points.

(g) Certification requirements for survey reports are as follows:

(1) each directional survey report required in (a) of this section must be dated and certified by the person who has personal knowledge of the facts of the survey; and

(2) a certified plat as required in (f)(8) of this section must be included in the survey report.

(h) The commissioner will, in his discretion, require the submittal of copies of the film, time sheets, charts, graphs, discs, and other data used to compile the survey.

(i) The willful filing of a false or incorrect inclination survey or directional survey is grounds for penalty action under the applicable statutes.

History

Authority: AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.160 Abandonment

(a) Well abandonment must be done in accordance with the requirements of this section and 11 AAC 87.170 - 11 AAC 87.190. However, the commissioner will, in his discretion, modify these requirements as he considers necessary. The commissioner will, in his discretion, witness abandonment operations required by this chapter.

(b) The operator shall submit to the commissioner a notice of intention to abandon any geothermal well before abandonment.

(c) Before the commissioner will approve abandonment of a well, all required records must be filed with the commissioner and the site inspected after final cleanup.

History

Authority: AS 41.06.020; AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.170 Plugging requirements for geothermal wells

All geothermal wells must be plugged before abandonment, using the following procedures:

(1) The hole must be filled with mud-laden fluid from bottom to top of the hole with the exception of intervals required to be plugged with cement.

(2) For each producing formation, a cement plug must be placed which extends either from the bottom of the hole or from 25 feet below the bottom of the producing formation upward to at least 50 feet above producing formation.

(3) If a well penetrates below a fresh water zone, a cement plug must extend from 25 feet below the bottom of the fresh water zone to at least 50 feet above the water zone.

(4) A 20-foot cement plug must be placed at the top of the casing in each hole plugged. A steel plate must be welded over the casing stub.

(5) If the surface string of casing is set below the deepest fresh water-bearing formation, a cement plug must be placed in the hole extending from a point at least 25 feet below the base of a surface string and 25 feet into the bottom of the casing. The hole must also be capped as provided in (d) of this section.

(6) The operator may place cement in the hole

(A) by using the dump bailer;

(B) by pumping through the tubing or drill pipe;

(D) by any other comparable method approved by the commissioner.

History

Authority: AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.180 Water wells

If a well drilled for geothermal resources is to be plugged and abandoned but may safely be used as a freshwater well and this use is desired by the landowner, the well need not be cemented above the required plug set below the freshwater as required by 11 AAC 87.170. The freshwater well must then comply with the provisions of AS 46.15. Written authority for this action must be obtained from the landowner, who must assume the full responsibility for the final plugging of the water well. The authorization must be filed with and approved by the commissioner. After the commissioner has approved of the plugging of the well to the base of the freshwater zone, the operator is relieved of further obligation and the bond will be released.

History

Authority: AS 41.06.040; AS 41.06.050; AS 46.15.020
Eff. 5/8/83, Register 86

11 AAC 87.190 Completion of drilling operations

(a) A well is considered to be completed 30 days after

(1) drilling and testing operations have ceased and the well is capable of producing a geothermal resource;

(2) the well has begun to produce geothermal resources, unless drilling operations are resumed before the end of the 30 day period; or

(3) the well is plugged and abandoned.

(b) All required logs, records and test results must be submitted to the commissioner within 60 days after completion of drilling operations.

(c) A completion report must be submitted to the commissioner within 60 days after completion of drilling operations. The completion report must provide the following information:

(1) the actual depth of the well;

(2) the actual depth to zone of completion;

(3) the actual bottom-hole location for a directionally drilled well;

(4) method of completion or abandonment; and

(5) any information on drilling difficulties or unusual circumstances encountered which would be helpful in assuring future safety of operations or protection of the environment.

History

Authority: AS 41.06.020; AS 41.06.040
Eff. 5/8/83, Register 86

Article 4 Production

11 AAC 87.210 Production measurement

(a) All producing wells must be measured, using standard equipment and industry practice, to determine quality and quantity of geothermal production.

(b) The operator of a producing geothermal well shall file a monthly statement of geothermal resources production with the commissioner.

History

Authority: AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.220 Commingling production

The commissioner will, in his discretion, authorize the operator to commingle the production from different wells or leases subject to conditions the commissioner considers necessary.

History

Authority: AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.230 Injection

(a) A well drilled for the purpose of injection of fluids into a reservoir must be drilled in compliance with 11 AAC 87.070 - 11 AAC 87.190.

(b) A permit must be obtained from the commissioner before any fluids are injected into any underground reservoir. The application for such a permit must include:

(1) a plan of injection explaining the proposed system, including a description of proposed facilities other than the injection well considered necessary to conduct the operations;

(2) a map of adequate scale showing all existing and proposed wells, distinguished by type of well, pipelines, and other surface facilities;

(3) the injection fluid characteristics, including quality, quantity, source, chemical analysis, chemical reactivity, toxicity, and temperature;

(4) the characteristics of the proposed injection zone, including estimates of volume, a description of the geologic formation and structure, a measurement of porosity and permeability, a chemical analysis of zonal water, static formation pressures and temperatures, anticipated zonal fluid reactivity to the injected fluids, any previous history of injection operations into the same or similar formations, any injectivity tests which may have been conducted, and any other pertinent data;

(5) the hydrology of the surrounding area, including shallow groundwater quality, quantity, analyses, and the predicted effects of contamination by injected fluids on the existing surface and groundwaters;

(6) columnar sections of the injection zone and any available logs or histories of any well penetrating the injection zone that have not previously been submitted;

(7) information regarding possible effects of the injection on such factors as potable water, seismicity, and local tectonic conditions;

(8) a representative injection well drilling program;

(9) a description of the proposed downhole and surface injection equipment and metering facilities with capacity and design capabilities and safety factors in sufficient detail to enable adequate analysis;

(10) a description of proposed injectivity surveys and other means to monitor injection performance; and

(11) any other pertinent information the commissioner determines necessary.

(d) Injection operations must be monitored and tested to insure that there will be no escape of fluids from the casings through the annular space between casings and the open hole except in the zone for which injection is permitted. Monitoring and testing may include

(1) gauging pressure between casings;

(2) periodic testing for casing leaks;

(3) surveys to detect movement of fluid in adjacent rock formations;

(4) temperature measurements;

(5) analyses of water chemistry; and

(6) special wellhead equipment or other methods routinely employed by industry to monitor injection operations.

(e) The operator of an injection well shall file with the commissioner a monthly injection project report which outlines the previous month's monitoring and testing operations.

(f) Temporary disposal by injection of geothermal fluids produced as a result of production well testing are allowed. An application will be considered on a case-by-case basis upon the submission of all necessary data.

History

Authority: AS 41.06.040; AS 41.06.050
Eff. 5/8/83, Register 86

11 AAC 87.240 Maintenance

All wellheads, separators, pumps, manifolds, mufflers, valves, pipelines, and other equipment used for the production of geothermal resources must be maintained in good condition in order to safeguard life, health, property and natural resources.

History

Authority: AS 41.06.020; AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.250 Corrosion

An inspection program to detect corrosion damage to wellhead equipment, pipelines, and subsurface casing and tubing must be periodically conducted by the operator in order to safeguard life, health, property, and natural resources. Records of all inspections must be made and filed in accordance with 11 AAC 87.110.

History

Authority: AS 41.06.020; AS 41.06.040
Eff. 5/8/83, Register 86

11 AAC 87.260 Tests

The commissioner will require tests of equipment and remedial work necessary to prevent damage to life, health, property, and natural resources, to protect geothermal reservoirs from damage, and to prevent the infiltration of detrimental substances into underground or surface water.

History

Authority: AS 41.06.020; AS 41.06.040; AS 41.06.050
Eff. 5/8/83, Register 86

Article 5 General Provisions

11 AAC 87.280 Forms

(a) Forms must be submitted in accordance with the following:

(1) An Application for Drilling Permit must be submitted for each well.

(2) A bond must be submitted before drilling each well unless a blanket bond is filed.

(3) A Monthly Report of Drilling and Workover Operations must be submitted monthly for active wells.

(4) A Monthly Production and Inspection Report must be submitted monthly for active wells in production.

(5) A Well Completion or Recompletion Report and Log must be submitted within 60 days after completion, suspension, or abandonment of a well.

(6) An Injection Project Report must be submitted monthly as long as injection activities are being conducted in a reservoir.

(7) An Exploratory Operations Completion Report must be submitted within 60 days after completion of exploratory operations.

(b) Forms are available from, and must be submitted to,

Director

State of Alaska, Department of Natural Resources

Division of Minerals and Energy Management

P.O. Box 7-034

Anchorage, Alaska 99510

History

Authority: AS 38.05.020; AS 41.06.020; AS 41.06.050 AS 38.05.181; AS 41.06.040; AS 46.15.020
Eff. 5/8/83, Register 86

11 AAC 87.290 Definitions

In this chapter,

(1) "blowout" means a sudden or violent uncontrolled escape of fluids;

(2) "department" means the Department of Natural Resources;

(3) "commissioner" means the Commissioner of the Department of Natural Resources or a designee;

(4) "psig" means pounds per square inch gauge;

(5) "reservoir" means an aquifer or zones containing a common geothermal resource.

History

Authority: AS 38.05.020; AS 41.06.020; AS 41.06.050 AS 38.05.181; AS 41.06.040; AS 46.15.020
Eff. 5/8/83, Register 86

Chapter 88 Practice and Procedure

11 AAC 88.100 Applicability

This chapter applies to 11 AAC 82 - 11 AAC 86 unless specifically provided otherwise by the sections dealing with the subject of the application, filing or payment.

History

Authority: AS 38.05.020(b)
Eff. 9/5/74, Register 51

11 AAC 88.105 Applications

All applications filed under 11 AAC 82 - 11 AAC 86 must comply with any requirements imposed by the regulations dealing with the subject of the applications, and must

(1) be typewritten or printed in ink;

(2) be signed by the applicant;

(3) be filed by mail, personal delivery, or electronic mail at any filing office of the division;

(4) identify any affected lease, permit, or application by serial number or date of filing;

(5) describe the land affected by the application;

(6) state the address to which any notice concerning the application may be given; and

(7) be accompanied by the filing fee or fees prescribed by 11 AAC 05.110 or 11 AAC 05.140; this filing fee is retained as a service charge in all cases, including cases in which the application is rejected, denied, or withdrawn in whole or in part.

History

Authority: AS 38.05.020
Eff. 9/5/74, Register 51; am 1/1/86, Register 96; am 7/1/89, Register 110; am 7/1/2018, Register 227; am 12/26/2019, Register 232

11 AAC 88.110 Withdrawal of applications

At any time before a lease or permit is issued, the application may be withdrawn in whole or in part. If withdrawn in part, the application as modified must meet all the requirements of the applicable laws and regulations.

History

Authority: AS 38.05.020(b)
Eff. 9/5/74, Register 51

11 AAC 88.115 Additional information

The director may require any additional information, in accordance with AS 38.05.035(a)(8), necessary to consider an applicant's, claimant's, permittee's or lessee's compliance with the statutes and regulations, including financial information, qualifications, business structure, and other information the director determines necessary. Failure to comply results in rejection of the application and is a default under the terms of the permit or lease and the regulations applicable to it.

History

Authority: AS 38.05.020; AS 38.05.035
Eff. 9/5/74, Register 51; am 12/26/2019, Register 232

11 AAC 88.120 Deficient filings

(a) Applications and documents filed with omissions or errors give the applicant no priority if

(1) the land description is insufficient to identify the land or the description does not comply with the compactness requirements;

(2) the total acreage exceeds the maximum established by law or regulation, except where the rule of approximation applies;

(3) the total acreage is less than the minimum established by law or regulation;

(4) the full filing fee and the first year's rental, where required, is not filed; and

(5) the application is not signed by or on behalf of each person having an interest in the application whether by written or oral agreement or contract.

(b) Applications with the defects listed in (a) of this section may be corrected without loss of filing fee if done within 15 days of receipt of notice of the defect, but the time of filing is the date of the receipt of the correct information.

(c) The director may allow the correction of any other omission or error in an application or document other than those listed in (a) of this section without affecting the original filing time if he determines that the omission or error is immaterial or due to excusable inadvertence.

History

Authority: AS 38.05.020(b)
Eff. 9/5/74, Register 51

11 AAC 88.125 Time for filing

(a) Filing hours for payments and applications are from 10:00 a.m. to the end of posted office hours on business days, which are Mondays through Fridays, holidays excepted.

(b) Filing hours for all documents to be filed for record in the recording district in which the claim or site is located are from 8:30 a.m. to the end of posted office hours from Monday through Friday, holidays excepted.

(c) All documents, including payments and applications, received during filing hours on business days are stamped with the exact date and time of filing.

(d) Payments and applications received at any other time are filed at 10:00 a.m. on the next business day.

(e) Documents to be filed under (b) of this section received at any other time are considered to be filed at 8:30 a.m. on the next business day.

(f) Applications and documents showing the same time stamp are considered to have been filed simultaneously.

History

Authority: AS 38.05.020
Eff. 9/5/74, Register 51; am 12/31/82, Register 84

11 AAC 88.130 Timely filing

(a) Payments are timely if an affected lease or permit is identified by an Alaska Division of Lands' serial number, and is (1) delivered at any of the division offices designated by the director as "filing offices" during filing hours within the time allowed by any notice, decision, regulation or law; (2) mailed on or before the due date provided by any notice, decision, regulation or law and the mailing date can be verified by postmark or other post office record or notation; or (3) submitted through a department electronic payment system on or before the due date and time provided by notice, decision, regulation or law and the date submitted can be verified.

(b) If the serial number is not identified, as required in (a) of this section, the time of filing is the time of receipt of correct information unless the director determines that the lack of such information is immaterial or due to excusable inadvertence.

(c) All other documents are timely filed if received during filing hours within the time allowed by any notice, decision, regulation, or law at any office designated by the director and posted in the office as a filing office.

(d) When the last day of the time for filing or payment falls on a day the designated filing office is officially closed, the time for filing is extended to the next day the office is open to the public.

History

Authority: AS 38.05.020
Eff. 9/5/74, Register 51; am 12/31/82, Register 84; am 12/26/2019, Register 232

11 AAC 88.135 Means of filing

Filings and payments may be made by mail, personal delivery, or through a department electronic mail, filing, or payment system if available, unless provided otherwise by the section dealing with the subject of the filing or payment.

History

Authority: AS 38.05.020
Eff. 9/5/74, Register 51; am 12/26/2019, Register 232

11 AAC 88.140 Notices

(a) Any notice which the director gives to any person must be in writing and must be delivered in person or mailed by trackable mail service to the person at the person's address of record with the division.

(b) Any person may file his current mailing address with the division in writing and may change his address of record by written notice filed with the division at any time. "Current mailing address" is the most recent or permanent legal address of an applicant, permittee, lessee or claimant. It is the responsibility of any person doing business with the division to notify the division of his most recent or permanent legal address.

(d) Whenever any notice is required to be given to a lessee, permittee or claimant, copies of the notice shall also be given, in the manner provided by (a) of this section, to any assignee whose assignment has been filed for approval.

History

Authority: AS 38.05.020
Eff. 9/5/74, Register 51; am 12/26/2019, Register 232

11 AAC 88.145 Refunds

(a) If an application on which rental has been submitted is rejected or withdrawn in whole or in part, the first year's rental will be refunded in whole or in pro rata part on an acreage basis.

(b) Notwithstanding any other provision of 11 AAC 82 - 11 AAC 88, no refund will be made for less than $10.

History

Authority: AS 38.05.020
Eff. 9/5/74, Register 51; am 12/26/2019, Register 232

11 AAC 88.150 Mailing list

The division shall maintain a mailing list for the purpose of sending general notices, orders and other information which the director determines to be of public interest regarding mineral activities of the division to persons who file a written request to be put on a list.

History

Authority: AS 38.05.020(b)
Eff. 9/5/74, Register 51

11 AAC 88.151 Notice required by AS 38.05.945(c)

(a) A village corporation will be given notice under AS 38.05.945(c)(3) if it owns or has selected land within six miles of the state land proposed for disposal.

(b) A community will be given notice under AS 38.05.945(c)(4) if land within its boundaries is no more than six miles from the state land proposed for disposal. A community is an incorporated or unincorporated place with 25 or more inhabitants, according to the most recent census of the U.S. Census Bureau. An incorporated community's boundaries will be those reported to the department by the Local Boundary Commission. An unincorporated community's boundaries will be those delineated by the U.S. Census Bureau in the most recent census.

History

Authority: AS 38.05.020; AS 38.05.945
Eff. 6/28/81, Register 78; am 12/31/82, Register 84

11 AAC 88.155 Appeal

An eligible person affected by a decision issued under 11 AAC 82 - 11 AAC 86 may appeal that decision in accordance with 11 AAC 02.

History

Authority: AS 38.05.020; AS 44.37.011
Eff. 9/5/74, Register 51; am 11/7/90, Register 116; am 9/19/2001, Register 159

(1) "adjacent" means touching or lying in close proximity, as opposed to "contiguous" which requires a common boundary;

(2) "ADL number" means the Alaska Division of Lands number assigned by the department to a casefile;

(3) "associated substances" means all substances except helium produced as an incident of production of oil and gas by ordinary production methods and not defined herein as oil or gas;

(4) "automated clearing house transaction" means an electronic transaction by means of the Automated Clearing House network for the interbank clearing of electronic payments for participating depository financial institutions;

(5) "cash" means a cashier's or certified check, or an electronic fund transfer drawn on any solvent bank in the United States, automated clearing house transaction, postal or telegraphic money order or legal tender of the United States of America, or any combination of these;

(6) "commissioner" means the Commissioner of the Department of Natural Resources;

(7) "cooperative agreement" means an agreement or plan of development and operation for the recovery of oil and gas from any pool, field, or like area or any part thereof in which separate ownership units are independently operated pursuant to the agreement without allocation of production;

(8) "director" means the Director of the Division of Lands or a designee;

(9) "division" means the Division of Lands, Department of Natural Resources;

(10) "filing office" means any place designated by the director as a filing office for applications, payments and filings under 11 AAC 82 - 11 AAC 88;

(11) "gas" means all natural gas, except helium gas, and all hydrocarbons produced at a well not defined herein as oil;

(12) "leasehold location" or "mining leasehold location" means the interests in land subject to a location under AS 38.05.205 before a lease has been issued;

(13) "legal subdivision" means an aliquot part of a section of land according to the public land rectangular survey system, not smaller than one-quarter of one-quarter of one section of land, containing approximately 40 acres; where a section of land contains section lots, "legal subdivision" also means those section lots; "legal subdivision" also means a protracted legal subdivision according to any protracted public land rectangular survey prepared by the division or Bureau of Land Management of the Department of the Interior, and made available to prospective applicants for leases;

(14) "leasehold," "mining lease," or "upland mining lease" means the interests in land subject to a mining lease issued in accordance with AS 38.05.205;

(15) "lessee or permittee of record" means the original lessee or permittee under any lease or permit or, if an assignment has been approved at any time, the latest assignee whose assignment has been approved;

(16) "locatable minerals" means those minerals which, on January 3, 1959, were subject to location under the United States mining laws (30 U.S.C.);

(17) "location" or "mining location" means a location on state-selected land authorized under AS 38.05.275, a mining claim made under AS 38.05.195, a leasehold location made under AS 38.05.205 or a prospecting site location made under AS 38.05.245;

(18) "locator" means the initial person to stake or locate a mining location or the current owner of a mining location;

(19) "mineral" means a naturally occurring substance with a characteristic chemical composition expressed by a chemical formula, including oil and gas;

(20) "notification lessee" means a lessee or agent authorized by the lessees to receive notices on behalf of all lessees from the state in connection with a lease;

(21) "offshore" means tide and submerged lands, that is, those lands lying seaward from the line of mean high tide;

(22) "oil" means crude petroleum oil and other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, including liquid hydrocarbons known as distillate or condensate recovered by separation from gas other than at a gas processing plant;

(23) "operating agreement" means an agreement giving the operator the right to carry on operations authorized by a lease or leases and to share in production obtained from the leased lands;

(24) "option" means an option to obtain an assignment of or an operating agreement covering a lease or portion of one;

(25) "order" means a determination made by the director or the commissioner in accordance with authority lawfully vested in them, issued in writing, filed in the permanent files of the division, and made available for inspection by the public;

(26) "participating area" means that part of an oil and gas lease unit area approved as being reasonably known to be underlain by hydrocarbons and known or reasonably estimated through use of geological, geophysical, or engineering data to be capable of producing or contributing to production of hydrocarbons in paying quantities;

(27) "person" includes a natural living being, business, or an association of persons;

(28) "pool" means an underground reservoir containing or appearing to contain a common accumulation of oil or gas or both; each zone of a general structure which is completely separated from any other zone in the structure is a pool;

(29) "primary term" means the initial term of an oil and gas lease and any extension of it;

(30) "qualified to do business in Alaska" means holding the state certificates necessary to lawfully conduct business within the state;

(31) "smallest legal subdivision" means one-quarter of one-quarter of one section of land, containing 40 acres more or less, except where a section contains smaller section lots according to the public land rectangular survey or a protracted public land rectangular survey prepared by the division or by the Bureau of Land Management of the Department of the Interior, and made available to prospective applicants for leases, in which case "smallest legal subdivision" means those smaller section lots; as to unsurveyed land not covered by such a protracted survey, it means a square containing 40 acres, more or less;

(32) "status record" means the basic record maintained by the division to show the status of every tract of land and of leases and applications for leases on them;

(33) "tract" means a parcel offered for competitive lease;

(34) "unit agreement" means an agreement for the recovery of oil and gas from a pool, field or like area, or any part of one, as a single consolidated unit without regard to separate ownerships, and for the allocation of production on a basis as defined in the agreement; "unit agreement" also includes "cooperative agreement" unless the context clearly requires the more restricted meaning;

(35) "unit area" means the land subject to a unit agreement;

(36) "unit operator" means the person, corporation or association designated under a unit agreement to conduct operations in or on a unit as specified in the unit agreement;

(37) "working interest" means the interest held in lands by virtue of a lease under which the owner of the interest is vested with the right to explore for, develop and produce minerals; the right delegated to a unit operator by a unit agreement is not a working interest.

(38) "state-selected land" has the meaning given in AS 38.05.275(b).

History

Authority: AS 38.05.020; AS 38.05.177
Eff. 9/5/74, Register 51; am 3/27/82, Register 81; am 5/30/85, Register 94; am 5/18/90, Register 114; am 5/22/93, Register 126; am 9/10/98, Register 147; am 12/26/2019, Register 232; am 10/28/2022, Register 244

Eff. 9/22/95, Register 135; repealed 8/10/2017, Register 223

Chapter 90 Surface Coal Mining

Article 1 Adoption by Reference

11 AAC 90.001 Adoption by reference

(a) 11 AAC 90.002 - 11 AAC 90.911, as amended as of April 24, 2009, are adopted by reference without printing them in full in the Alaska Administrative Code.

(b) The following federal requirements are adopted by reference:

(1) 30 C.F.R. 77.214 (refuse piles; general), revised as of July 1, 2008;

(2) 30 C.F.R. 77.215 (refuse piles; construction requirements), revised as of July 1, 2008;

(3) 40 C.F.R. Part 136 (guidelines establishing test procedures for the analysis of pollutants), revised as of July 1, 2008;

(4) 40 C.F.R. Part 434 (coal mining point source category BPT, BAT, BCT limitations and new source performance standards), revised as of July 1, 2007.

(1) American Association of State Highway and Transportation Officials (AASHTO), Specification T99-74, 12th edition, July 1978;

(2) Standard Methods for the Examination of Water and Wastewater, 21st edition 2005, American Public Health Association;

(3) United States Department of Agriculture, Natural Resources Conservation Service, Conservation Engineering Division, Earth Dams and Reservoirs, Technical Release 60, 210-VI-TR60, July 2005.

History

Authority: AS 27.21.030
Eff. 5/2/83, Register 84; am 12/18/83, Register 88; am 3/30/84, Register 89; am 1/1/86, Register 96; am 9/28/86, Register 99; am 11/18/94, Register 132; am 7/29/98, Register 147; am 4/24/2009, Register 190

Article 3 General Permit Application Information Requirements

11 AAC 90.023 Identification of interests and compliance information

(a) An applicant must provide in a permit application

(1) a statement indicating whether the applicant is a corporation, partnership, association, sole proprietorship, or other business entity;

(2) the applicant's taxpayer identification number; and

(3) if applicable, a statement of the operator's status as a corporation, partnership, association, sole proprietorship, or other business entity.

(b) Each application must contain the names, addresses, and telephone numbers of the permit applicant, operator, and the operation's resident agent for service of process.

(c) For a business identified under (a) of this section, the application must contain the following information, if applicable:

(1) the name, address, and telephone number of

(A) every officer, partner, member, and director;

(B) every other person performing a function similar to a director; and

(2) for each person listed in (1) of this subsection,

(A) the person's position title and relationship to the applicant or operator, including percentage of ownership and location in the organizational structure; and

(B) the date the person began functioning in that position;

(3) names under which the applicant, partner, or principal shareholders listed in (1) of this subsection operate or previously conducted an operation in the United States within the five years preceding the date of application;

(4) names under which the applicant's operator, the operator's partner, or a principal shareholder listed in (1) of this subsection operate or previously conducted an operation in the United States within the five years preceding the date of application; and

(5) a complete organizational structure of each business entity, up to and including the ultimate parent entity, identified in (a)(1) of this section; for every listed business entity the applicant must also provide the required information for every president, chief executive officer, and director, or person in a similar position, and every person of record who owns 10 percent or more of the entity.

(d) Each application must contain a list of any current or previous surface coal mining operation in the United States owned or controlled by an applicant, operator, partner, or principal shareholder listed in (c)(1) of this section, or any person identified in (c)(3) of this section within the five-year period preceding the date of submission of the application. For each operation the list must include

(1) the permittee's and operator's name and address;

(2) the permittee's and operator's taxpayer identification numbers;

(3) the federal or state permit number and corresponding MSHA number;

(4) the regulatory authority with jurisdiction over the permit; and

(5) the permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.

(e) Each application must describe all land, interests in land, options, or pending bids on interests held or made by the applicant for land that is contiguous to the area to be covered by the permit.

(f) Each application must contain

(1) a statement of whether the applicant, operator, or any subsidiary, affiliate, or other entity owned or controlled by or under common control with the applicant or operator has, in the last five years preceding the date of the application,

(A) had a federal or state coal mining permit suspended or revoked; or

(B) forfeited a coal mining bond or similar security deposited in lieu of bond;

(2) a statement of the facts involved in a suspension, revocation, or forfeiture listed under (1) of this subsection, including

(A) the permit identification number, date of issuance of the permit, and amount of bond or similar security;

(B) the date of suspension, revocation, or forfeiture;

(C) the authority that suspended or revoked a permit or directed the forfeiture of a bond and the stated reasons for that action;

(D) the current status of the permit, bond, or similar security involved and, when applicable, the amount of bond or similar security forfeited; and

(E) the date, location, and type of any administrative or judicial proceeding initiated concerning the suspension, revocation, or forfeiture, and the current status of these proceedings; and

(3) a list of all violations as required under AS 27.21.180(e); for each violation the application must include

(A) the permit number and associated MSHA number;

(B) the date of citation of the violation, identification number, identity of the issuing authority, and name of the person to whom the violation notice was issued;

(D) the date, location, and type of any administrative or judicial proceedings initiated concerning the violation;

(E) the current status of the proceedings and of the violation notice;

(F) if the abatement period for a violation in a notice of violation issued under 11 AAC 90.613 or 11 AAC 90.615, or other state or federal regulatory program equivalent, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and

(G) for a violation not covered under (F) of this paragraph, the action, if any, taken by the applicant to abate the violation.

(g) An applicant must affirm, under oath and in writing, that the information provided in an application is accurate and complete. If an applicant previously applied for a permit, the applicant must update the permit application information based on the information in the applicant violator system. If

(1) all or part of the information in the applicant violator system is accurate and complete, the applicant may certify to the commissioner by affirming, under oath and in writing, what the relevant information in the applicant violator system is and that this information is accurate, complete, and up to date;

(2) part of the information in the applicant violator system is missing or incorrect, the applicant must submit to the commissioner the necessary information or corrections and affirm, under oath and in writing, that the information the applicant submits is accurate and complete;

(3) the applicant can neither certify that the data in the applicant violator system is accurate and complete nor make corrections, the applicant must include in the permit application the information required under this section.

(h) The commissioner may establish a central file to house an applicant's identity information rather than place duplicate information in each of the applicant's permit application files. The commissioner will make the information available to the public upon request.

(i) In this section, "violation notice" means a written notification from the commissioner or another governmental entity of a violation within the meaning given in 11 AAC 90.913.

History

Authority: AS 27.21.030; AS 27.21.110
Eff. 5/2/83, Register 84; am 7/7/2022, Register 243

11 AAC 90.025 Authority to enter and ownership information

(a) Each application must include the following for the land within the permit area:

(1) the name, address, and, if known. the telephone number of

(A) each legal or equitable owner of record of the surface and mineral estates;

(B) each holder of record of any leasehold interest; and

(2) the name and address of every owner of record of the surface and mineral estates that are contiguous to any part of the proposed permit area.

(b) Each application must include a description of the legal authority for the applicant's right to enter the permit area to begin operations and must state whether the right is the subject of pending litigation. The description of the legal authority must identify relevant documents by type, date of execution, and the specific land to which they pertain.

(c) If the private mineral estate to be surface mined has been severed from the private surface estate, the applicant shall also provide at least one of the proofs required by AS 27.21.180(c)(6).

History

Authority: AS 27.21.030; AS 27.21.110; AS 27.21.180
Eff. 5/2/83, Register 84; am 7/29/98, Register 147; am/readopt 7/7/2022, Register 243

Article 6 Processing of Permit Applications

11 AAC 90.103 Entry of information into the applicant violator system

(a) The commissioner will enter the following information into the applicant violator system:

(1) the information an applicant is required to submit under 11 AAC 90.023(a) - (c); and

(2) the information an applicant is required to submit under 11 AAC 90.023(f) pertaining to violations that are unabated or uncorrected after the abatement or correction period has expired.

(b) The commissioner will update the information entered under (a) of this section if the commissioner determines that the permit application needs additional information.

(1) a permit record or a change to a permit record not later than 30 days after issuing a permit or making a subsequent change;

(2) an unabated or uncorrected violation not later than 30 days after an abatement or correction period expires;

(3) a change to the information required under 11 AAC 90.023 not later than 30 days after an applicant notifies the commissioner of a change;

(4) a change in status of violations listed in the applicant violator system not later than 30 days after abatement, correction, or termination of a violation, or an administrative or judicial decision affecting a violation.

(d) The commissioner will enter the result of an enforcement action under this chapter, including an administrative or judicial decision, into the applicant violator system. The commissioner may enter information submitted under 11 AAC 90.123(a) - (c) into the applicant violator system before the conclusion of an enforcement action. Listing information in the applicant violator system does not create a presumption or constitute a determination that a person identified in (b) or (c) of this section owns or controls a surface coal mining operation.

History

Authority: AS 27.21.030; AS 27.21.110; AS 27.21.180
Eff. 7/7/2022, Register 243

11 AAC 90.104 Permit eligibility determination

(a) Except as provided in (c) of this section and 11 AAC 90.109, the commissioner will make a preliminary finding that an applicant is not eligible for a permit under AS 27.21.180(e) and (f) and this section if a surface coal mining operation

(1) that the applicant directly owns or controls has an unabated or uncorrected violation; or

(2) that the applicant or the applicant's operator indirectly controls has an unabated or uncorrected violation that was cited after November 2, 1988, and the control was established after November 2, 1988.

(b) In determining whether an applicant is eligible for a permit, the commissioner will conduct a review under 11 AAC 90.105 of available information, including the applicant and operator history, permit history, and history of violations. If the commissioner finds that

(1) neither condition under (a) of this section is met, the commissioner will move the application forward for permitting;

(2) an applicable surface coal mining operation has one or more unabated or uncorrected violations, the commissioner will make a preliminary finding of ineligibility and determine if the applicant is eligible for a provisional permit under 11 AAC 90.109;

(3) an applicable surface coal mining operation has more than one unabated or uncorrected violation, the commissioner will make a preliminary finding of ineligibility and determine if the applicant is

(A) eligible for a provisional permit under 11 AAC 90.109; or

(B) permanently ineligible for a permit under (g) of this section.

(1) occurred after October 24, 1992; and

(2) resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for re-mining under a permit held by the person applying for the new permit.

(d) For a permit issued under 11 AAC 90.159 to conduct a surface coal mining operation on previously mined land, an event or condition is presumed to be unanticipated for the purpose of (c) of this section if it

(1) arose after permit issuance;

(2) was related to prior mining; and

(3) was not identified in the permit application.

(e) When reviewing a permit application under 11 AAC 90.125, the commissioner will not issue a permit until the applicant meets the requirement of 11 AAC 90.023(g) to update and certify interests and compliance information. After the applicant submits this information, the commissioner will request a compliance history report from the applicant violator system under 11 AAC 90.125(c) to determine if the applicant or applicant's operator has unabated or uncorrected violations that affect permit eligibility under this section.

(f) If the commissioner determines that an applicant is ineligible for a permit under this section, the commissioner will send written notification to the applicant of the applicant's right to appeal this decision. This notification must include the reason the applicant is ineligible and include the applicant's right to appeal under 11 AAC 90.131. The applicant may attempt to cure the violation before the commissioner finding the applicant permanently ineligible to receive a permit.

(g) The commissioner will not issue a permit under this chapter if the commissioner determines that an applicant or the applicant's operator is permanently ineligible to receive a permit under this section. After making a preliminary finding of ineligibility and providing written notification under (f) of this section, the commissioner will make a preliminary finding of permanent permit ineligibility if

(1) the applicant or operator controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations under 11 AAC 90.617(b); and

(2) the violations are of a nature and duration, with resulting irreparable damage to the environment, as to indicate an intent not to comply with AS 27.21, this chapter, or the approved permit.

(h) Not later than 30 days after receiving notice of a preliminary finding of permanent permit ineligibility, the applicant or operator may request a hearing on a under AS 27.21.150. If an applicant does not request a hearing or the hearing affirms the preliminary finding of permanent permit ineligibility, the preliminary decision becomes a final finding.

History

Authority: AS 27.21.030; AS 27.21.180 AS 27.21.140; AS 27.21.190
Eff. 7/7/2022, Register 243

11 AAC 90.105 Review of application information to determine eligibility

(a) Based on an administratively complete application under 11 AAC 111, the commissioner will review the information submitted by the applicant under 11 AAC 90.023, information from the applicant violator system, and any other available information, to review the applicant's and the applicant's operators' organizational structure and ownership or control relationships, permit history, and compliance history to determine permit eligibility under 11 AAC 90.104.

(b) After a review of information under (a) of this section, the commissioner will issue a determination as to whether the applicant or operator engaged by the applicant has previous mining experience. If the commissioner determines that neither the applicant nor any individual identified in the application has previous surface coal mining experience, the commissioner will conduct an investigation to determine if any other person with surface coal mining experience will own or control all or a portion of the operation.

(c) If, after a review under (b) of this section, the commissioner identifies a person not otherwise listed in the application as a person with ownership or control over all or a portion of the operation, the commissioner will issue a written preliminary finding describing the nature and extent of ownership or control. The commissioner will base written preliminary finding under this subsection on evidence sufficient to establish a prima facie case of ownership or control. The commissioner will issue the finding to the applicant or permittee and to a person identified as an owner or controller. Not later than 30 days after the commissioner issues the finding, a person identified as an owner or controller under this subsection may submit information demonstrating the person's lack of ownership or control. After the 30-day period ends, the commissioner will

(1) review the information submitted under this subsection and

(A) if the commissioner determines that the person is not an owner or controller, serve written notice of this determination to the person and applicant;

(B) if the commissioner determines that the person is an owner or controller, issue a final written finding to the person and applicant and enter the finding and information into the applicant violator system; or

(2) if there is no new information submitted, issue a final written finding to the person and applicant and enter the finding and information into the applicant violator system.

(d) A person identified as an owner or controller in a final written finding under (c) of this section may challenge the finding under 11 AAC 90.137.

History

Authority: AS 27.21.030; AS 27.21.180 AS 27.21.140; AS 27.21.190
Eff. 7/7/2022, Register 243

11 AAC 90.109 Provisional permit

(a) The commissioner will issue a provisional permit, revocable under (c) of this section, to an applicant eligible under (b) of this section who owns or controls a surface coal mining and reclamation operation with

(1) a notice of violation for which the abatement period has not yet expired; or

(2) a violation that is unabated or uncorrected beyond the abatement or correction period.

(b) An applicant is eligible for a provisional permit if the applicant demonstrates, with respect to each violation listed in (a) of this section, one or more of the following:

(1) for a violation meeting the criteria of (a)(l) of this section, the applicant certifies that the applicant has abated or is in the process of abating the violation to the satisfaction of the regulatory authority with jurisdiction over the violation and the commissioner has no evidence to the contrary;

(2) the applicant and applicant's operator, and each operation the applicant or the applicant's operator owns or controls are in compliance with the terms of any abatement plan or payment schedule approved by the agency with jurisdiction over the violation;

(3) the applicant is pursuing a good-faith

(A) challenge to all pertinent ownership or control listings or findings under 11 AAC 90.137; or

(B) administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force;

(4) the violation is the subject of a good-faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.

(c) The commissioner will consider a provisional permit to be improvidently issued and will make preliminary findings under 11 AAC 90.134 to propose a suspension or rescission of the provisional permit under 11 AAC 90.136 if there if any of the following occurs:

(1) a violation, that the applicant certified as being abated under (b)(1) of this section, is not abated within the specified abatement period;

(2) the applicant, the applicant's operator, or an operation that the applicant or the applicant's operator owns or controls, does not comply with the terms of an abatement plan or payment schedule referenced in (b)(2) of this section;

(3) in the absence of a request for judicial review, the disposition of a challenge or any subsequent administrative review referenced in (b)(3) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding; or

(4) the initial judicial decision referenced in (b)(3)(B) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding.

History

Authority: AS 27.21.030; AS 27.21.180
Eff. 7/7/2022, Register 243

11 AAC 90.111 Completeness review

(a) Not later than 90 days after the date of receipt of the application, the commissioner will determine whether an application for a permit, renewal of a permit, or major revision of a permit is complete. A complete application is one that contains all information required under 11 AAC 90.021 - 11 AAC 90.101. If the application is not complete, the commissioner will notify the applicant, in writing, of all information required to render the application complete.

(b) After the commissioner determines that an application is complete under (a) of this section, but before a permit is issued, an applicant must update, correct, or indicate that no change has occurred in the information previously submitted under 11 AAC 90.023 - 11 AAC 90.033.

History

Authority: AS 27.21.030; AS 27.21.180
Eff. 5/2/83, Register 84; am/readopt 7/7/2022, Register 243

11 AAC 90.119 Transfer, sale, or assignment of permit rights

(a) A person may not transfer, sell, or assign a permit right under this chapter without the written approval of the commissioner. The commissioner may authorize a proposed successor in interest to temporarily continue the permittee's operation if the successor meets the requirements of AS 27.21.190(d) and agrees, in writing, to comply with the approved permit in all respects. The proposed successor in interest shall obtain and provide proof to the commissioner of a reclamation bond by either transfer of the current permit holder's bond, written agreement with the permit holder, or providing other sufficient bond or equivalent guarantee as required by 11 AAC 90.201. This temporary authorization lasts until the commissioner either grants or denies the successor's application for a permit transfer or for a new or revised permit.

(b) A person seeking to succeed by transfer, sale, or assignment to the rights granted by a permit must provide the commissioner with an application for approval of the proposed transfer, sale, or assignment. The application must include any revised information required by 11 AAC 90.023 - 11 AAC 90.031, including

(1) the name and address of the existing permittee and permit number or other identifier;

(2) a brief description of the proposed action requiring approval; and

(3) the legal, financial, compliance, and related information required by 11 AAC 90.023 for the applicant for approval of the transfer, assignment, or sale of permit rights.

(c) A proposed successor must apply for a new permit or a major revision to the existing permit in order to make a change to

(1) the approved permittee's operation or reclamation plan;

(2) the insurance, bond, or equivalent guarantee; or

(3) the approved permit area.

(d) The commissioner will provide notice of a complete application to transfer, sell, or assign permit rights under this chapter in accordance with 11 AAC 90.907. A person whose interests may be adversely affected by granting the approval, including an official of any federal, state, or local government agency, may submit written comments on the application to the commissioner not later than 30 days after the commissioner gives notice of the application.

(e) The commissioner may approve the transfer, sale, or assignment of permit rights upon a written finding that the successor

(1) is eligible to receive a permit in accordance with 11 AAC 90.104;

(2) submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee, as required by 11 AAC 90.201; and

(3) meets the requirements of 11 AAC 90.125 and any other requirements specified by the commissioner.

(f) The commissioner will notify the permittee, the successor, each person who provided comment, and OSMRE of the commissioner's findings and any decision under this section.

(g) The successor shall immediately notify the commissioner of the consummation of the transfer, sale, or assignment of permit rights.

History

Authority: AS 27.21.030; AS 27.21.190
Eff. 5/2/83, Register 84; am 11/18/94, Register 132; am 7/7/2022, Register 243

11 AAC 90.121 Areas where mining may be limited

(a) Subject to valid existing rights and (b) - (d) of this section, the commissioner will prohibit operations in accordance with AS 27.21.260(d).

(b) Subject to (e) of this section, if an applicant is seeking a permit within an area described in AS 27.21.260(d)(2), the commissioner

(1) will transmit a copy of the complete application to the agency that has jurisdiction over the location at issue; and

(2) will not approve the application unless it is approved by that agency.

(c) For an operation on land within 300 feet, measured horizontally, from any occupied dwelling, the applicant must submit with the application a written, signed waiver from the owner of the dwelling, stating that the owner had the legal right to deny mining and knowingly waived that right. The waiver acts as consent to conduct the operation within a closer distance to the dwelling as specified in the waiver. A waiver obtained before August 3, 1977, is valid. A waiver obtained from a previous owner remains effective for a subsequent owner who had actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser is considered to have constructive knowledge if the waiver has been recorded in the public property records under state law. The waiver must be separate from a lease or deed unless

(1) the lease or deed contains an explicit waiver; and

(2) a copy of the lease or deed is included with the permit application.

(d) The commissioner may approve relocation of a public road or operations on land within 100 feet, measured horizontally, of the outside right-of-way of any public road, except where mine access roads or haulage roads join the right-of-way, if

(1) the applicant obtains the necessary approval of the governmental authority with jurisdiction over the public road; and

(2) the commissioner provides notice for the local community to comment on the proposed operations to determine whether the interests of the public and affected landowners will be protected; and

(A) includes in the notice the date, time, and location for a public hearing and makes a written finding on this issue not later than 30 days after the hearing; or

(B) after taking written public comments, makes a written finding not later than 30 days after hearing, or at the end of the public comment period.

(e) If the commissioner is unable to determine whether the proposed operation is located within land identified in AS 27.21.260(d) for the purpose of complying with (b) of this section, the commissioner will transmit a copy of the relevant portions of the application to the appropriate federal, state, or municipal agency or Native corporation or village for a determination of the relevant boundaries or distances, with a request that it respond, in writing, not later than 30 days after receipt of the request. The commissioner will presume that the proposed operation is not located within the boundaries of this land if no response is returned within 30 days. If the commissioner is notified that AS 27.21.260(d) applies after the 30-day period, the presumption no longer applies.

History

Authority: AS 27.21.030; AS 27.21.260; AS 27.21.960
Eff. 5/2/83, Register 84; am 11/18/94, Register 132; am/readopt 7/7/2022, Register 243

11 AAC 90.122 Areas designated by acts of Congress

Coal mining and reclamation operations may not be conducted on the following lands unless there are valid existing rights, as determined under 11 AAC 90.139, or where valid existing rights determinations for land are not required because an existing operation meets the requirements of 11 AAC 90.123:

(1) any lands protected under AS 27.21.260(d);

(2) any federal lands within a national forest; this prohibition does not apply if the United States Secretary of Agriculture

(A) finds that there are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations; and

(B) finds, in addition, that

(i) any surface operations and impacts will be incidental to an underground coal mine; or

(ii) with respect to lands that do not have significant forest cover within a national forest west of the 100th meridian, that surface mining is in compliance with 16 U.S.C. 528 - 531 (Multiple-Use Sustained Yield Act of 1960), 30 U.S.C. 201 - 209 (Federal Coal Leasing Amendments Act of 1975), and 16 U.S.C. 1600 - 1614 (National Forest Management Act of 1976), and 30 U.S.C. 1201 - 1328 (Surface Mining Control and Reclamation Act of 1977).

History

Authority: AS 27.21.030; AS 27.21.260
Eff. 7/7/2022, Register 243

11 AAC 90.123 Valid existing rights

(a) Possession of a valid existing right only confers an exception from the prohibitions of AS 27.21.260, 11 AAC 90.121, and 30 U.S.C. 1272(e). A person seeking to exercise a valid existing right must comply with all other pertinent requirements of AS 27.21 and this chapter.

(b) Except as provided in this section, a person claiming a valid existing right must demonstrate that a legally binding conveyance, lease, deed, contract or other document vests that person, or a predecessor in interest, with the right to conduct the type of surface coal mining operation intended. This right must exist at the time that the land came under the protection of AS 27.21.260 or 11 AAC 90.121. State law will govern the interpretation of a document relied upon to establish a property right, unless federal law provides otherwise. If no applicable state law exists, custom and generally accepted usage at the time and place that the document came into existence will govern the interpretation.

(c) Except as provided in (f) of this section, a person claiming a valid existing right must demonstrate compliance with one of the following:

(1) before the land came under the protection of AS 27.21.260 or 11 AAC 90.121, the person obtained all necessary permits and authorizations required to conduct surface coal mining operations or made a good-faith effort to obtain all necessary permits and authorizations; at a minimum, the person must have submitted an application for at least one permit required under 11 AAC 90.007; or

(2) the land is needed for and immediately adjacent to a surface coal mining operation, before the land came under the protection of AS 27.21.260 or 11 AAC 90.121 the person obtained all necessary permits and authorizations required to conduct surface coal mining operations, or made a good-faith attempt to obtain all permits and authorizations, and the person successfully demonstrates need under (d) of this section.

(d) A person claiming the land is needed for and immediately adjacent to a surface coal mining operation under (c)(2) of this section must demonstrate that prohibiting expansion of the operation onto the adjacent land would unfairly impact the viability of the operation as planned before the land came under the protection of AS 27.21.260 or 11 AAC 90.121. Except for operations in existence before August 3, 1977, or for which a good-faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of AS 27.21.260 or 11 AAC 90.121 when the regulatory authority approved the permit for the original operation or when the good-faith effort to obtain all necessary permits for the original operation was made.

(e) In evaluating whether a person meets this standard under (d) of this section, the commissioner in making this determination may consider

(1) the extent to which a coal supply contract or other legal or business commitment that predates the time that the land came under the protection of AS 27.21.260 or 11 AAC 90.121 depend upon use of that land for a surface coal mining operation;

(2) the extent to which a plan used to obtain financing for the operation before the land came under the protection of AS 27.21.260 or 11 AAC 90.121 relies upon use of that land for a surface coal mining operation;

(3) the extent to which investments in the operation before the land came under the protection of AS 27.21.260 or 11 AAC 90.121 rely upon use of that land for surface coal mining operations; and

(4) whether the land lies within the area identified on the life-of-mine map submitted under 11 AAC 90.021(f) or 11 AAC 90.063(3) before the land came under the protection of AS 27.21.260 or 11 AAC 90.121.

(f) A person who claims a valid existing right to use or construct a road meeting the definition of "surface mining activities" in 11 AAC 90.911 across the surface of land protected by AS 27.21.260 or 11 AAC 90.121 and the road must demonstrate that one or more of the following circumstances exist:

(1) the road existed when the land upon which it is located came under the protection of AS 27.21.260 or 11 AAC 90.121 and the person has a legal right to use the road for surface coal mining activities;

(2) a properly recorded right-of-way or easement for a road in that location existed when the land came under the protection of AS 27.21.260 or 11 AAC 90.121 and the person has a legal right to use or construct a road across the right-of-way or easement for surface coal mining activities under the document creating subsequent conveyances;

(3) a valid permit for use or construction of a road for surface coal mining operations in that location existed when the land came under the protection of AS 27.21.260 or 11 AAC 90.121; or

(4) the land protected by AS 27.21.260 or 11 AAC 90.121 has a valid existing right that exists under (a) and (b) of this section.

History

Authority: AS 27.21.030; AS 27.21.260
Eff. 5/2/83, Register 84; am 7/7/2022, Register 243

11 AAC 90.124 Processing a request for valid existing rights

(a) A person seeking a valid existing rights determination for federal lands described in AS 27.21.260(d)(1) or for national forests must submit the request directly to the United States Secretary of the Interior. Requests for determinations on non-federal lands may be submitted to the commissioner.

(b) When the commissioner makes a valid existing rights determination on non-federal lands the procedures under (c) - (h) of this section apply.

(c) The applicant or permittee must submit a request for a valid existing rights determination to the department if the applicant or permittee intends to conduct surface coal mining operations on the basis of a valid existing right under 11 AAC 90.121 or is seeking to confirm the right to do so. A person may submit a request for a valid existing rights determination before preparing and submitting an application for a permit or boundary revision for the land. A person submitting a request for a valid existing rights determination under 11 AAC 90.123(c) and this section must provide

(1) a property rights demonstration under 11 AAC 90.123(c)(1) if the person successfully obtained all permits and authorizations required to conduct surface coal mining on the land or under 11 AAC 90.123(c)(2) if the person successfully obtained all permits and authorizations to conduct surface coal mining on immediately adjacent land and the land is needed for the use of the permitted property; this demonstration must include the following items:

(A) a legal description of the land at issue;

(B) complete documentation of the character and extent of the current interests in the surface and mineral estates of the land at issue;

(D) a description of the nature and effect of each title instrument that forms the basis for the request, including any provision pertaining to the type or method of mining or mining-related surface disturbances and facilities;

(E) a description of the type and extent of surface coal mining operations that the applicant or permittee claims the right to conduct under previous authorizations, including the method of mining, any mining-related surface activities and facilities, and an explanation of how those operations would be consistent with state property law;

(F) complete documentation of the nature and ownership, as of the date that the land came under the protection of AS 27.21.260 and 11 AAC 90.121, of all property rights for the surface and mineral estates of the land to which the request pertains;

(G) names and addresses of the current owners of the surface and mineral estates of the land to which the request pertains;

(H) if the coal interests have been severed from other property interests, documentation that the owners of other property interests in the land to which the request pertains have been notified and provided reasonable opportunity to comment on the validity of the applicant's or permittee's property rights claims; and

(I) any comments received in response to the notification provided under (H) of this paragraph;

(2) for a request under 11 AAC 90.123(c), when a person made a good-faith effort to obtain all necessary permits and authorizations, the information required under (1) of this subsection and

(A) the approval and issuance dates and identification number for a permit, license, or authorization that the applicant, permittee, or predecessor in interest obtained before the land came under the protection of statute;

(B) the application date and identification number for a permit, license, or authorization for which the applicant, permittee, or predecessor in interest submitted an application before the land came under the protection of statute; and

(C) an explanation of other good-faith effort that the applicant, permittee, or predecessor in interest made to obtain the necessary permit, license, or authorization as of the date that the land came under the protection of AS 27.21.260 and 11 AAC 90.121;

(3) for a request under 11 AAC 90.123(c)(2), when the land is needed for and immediately adjacent to a surface coal mining operation, the information required under (1) of this subsection and an explanation regarding how and why the land is needed for and immediately adjacent to the operation upon which the request is based, including a demonstration that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of statute; or

(4) for a request under 11 AAC 90.123(e) relating to road use or construction, satisfactory documentation showing that

(A) a road existed when the land upon which it is located came under the protection of AS 27.21.260 and the applicant or permittee has a legal right to use the road for a surface coal mining operation;

(B) a properly recorded right-of-way or easement for a road in the location existed when the land came under the protection of statute, and, under the document creating the right-of-way or easement and under any subsequent conveyances, the applicant or permittee has a legal right to use or construct a road across that right of way or easement to conduct surface coal mining operations; or

(C) a valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of 11 AAC 90.121 or 11 AAC 90.122.

(d) For an initial review of a request for a valid existing rights determination, the commissioner will first determine whether the request includes all applicable components required under (c) of this section. An initial review pertains only to the completeness of the request, not to the legal or technical adequacy of the materials submitted. If the commissioner determines that the request does not include all applicable components required under (c) of this section, the commissioner will provide notice to the physical or electronic address provided of the deficiency to the applicant and establish a reasonable time for the applicant to submit the missing information. The commissioner may extend the time to submit missing information as is reasonably necessary Once a request includes all applicable components under (c) of this section, the commissioner will provide for public notice and comment under (e) of this section. If an applicant does not provide the information that the commissioner requests under this subsection within the time specified or as subsequently extended, the commissioner will issue a determination that the applicant or permittee has not demonstrated a valid existing right, as provided in (e)(4) of this section.

(e) The commissioner will make a completed request available to the public in accordance with 11 AAC 90.907(b) and provide notice of the request as provided in 11 AAC 90.907(d), including at least one publication in a newspaper general circulation in the area in which the land is located. The public notice must include

(1) a physical or electronic mail address to submit comment on the request;

(2) the location of the land to which the request pertains;

(3) a description of the type of surface coal mining operations planned;

(4) a reference to and brief description of the applicable standards pertaining to a valid existing right in 11 AAC 90.123 and,

(A) if the request relies on 11 AAC 90.123(c)(1) or (2), a description of the property rights that are claimed and the basis for the claim;

(B) if the request relies on 11 AAC 90.123(f)(1), a description of the basis for the applicant's or permittee's claim that the road existed when the land came under the protection of statute and a description of the basis for the applicant's or permittee's claim that it has a legal right to use that road for surface coal mining operations; or

(C) if the request relies on 11 AAC 90.123(f)(2), a description of the basis for the claim that a properly recorded right-of-way or easement for a road in that location existed when the land came under the protection of statute and a description of the basis for the claim that, under the document creating the right-of-way or easement and under any subsequent conveyances, the applicant or permittee has a legal right to use or construct a road across the right-of-way or easement to conduct surface coal mining operations;

(5) if the request relies upon 11 AAC 90.123(c) or (f)(1) or (2), a statement that the commissioner will not make a decision on the merits of the request if, by the close of the comment period under this notice, a person with a legal interest in the land initiates appropriate legal action in the proper venue to resolve any differences concerning the validity or interpretation of the deed, lease, easement, or other document that forms the basis of the applicant or permittee's claim;

(6) a description of the procedures in this section that the commissioner will follow in processing the request;

(7) the closing date of the comment period;

(8) a statement that an interested persons may obtain a 30-day extension of the comment period upon request; and

(9) the name and address of the department's office where a copy of the request is available for public inspection.

(f) The commissioner will promptly provide a copy of the notice required under (e) of this section to

(1) all owners of surface and mineral estates in the land included in the request who the commissioner can reasonably locate; and

(2) the owner of the land or feature causing the land to come under the protection of AS 27.21.260, and, when applicable, the agency with primary jurisdiction over the feature with respect to the values causing the land to come under the protection of statute.

(g) The commissioner will provide a 30-day comment period, starting from the date of service of the notice. The commissioner may grant an additional 30-day comment period for good cause upon request.

(h) The commissioner will review the materials submitted under (c) of this section, comments received under (e) of this section, and any other relevant, reasonably available information to determine whether the record is sufficiently complete to support a decision on the merits of the request. If not, the commissioner will notify the applicant or permittee in writing and request that the applicant or permittee submit, within a specified reasonable time, any additional information that the commissioner determines necessary.

(i) Once the record is complete, the commissioner will make a determination, in writing, as to whether the applicant or permittee has demonstrated a valid existing right. The commissioner will include findings of fact and explain how the applicable elements of 11 AAC 90.123 are or are not satisfied. The commissioner will not determine that a valid existing right exists if the commissioner has not received information that the commissioner requested under (d) or (h) of this section within the time specified or as subsequently extended.

(j) When making a determination under (i) of this section that relies on one or more of the reason in 11 AAC 90.123(c) or (f)(1) or (2), the commissioner will consider impact of a property rights disagreement, as follows:

(1) if a property rights claim is the subject of pending litigation in a court or administrative body with jurisdiction over the property rights in question, on or before the close of the comment period, the commissioner will issue a determination that

(A) the applicant or permittee has not demonstrated a valid existing right because the property rights are the subject of pending litigation; and

(B) this determination is made without prejudice and the applicant or permittee may refile the request once the property rights dispute is finally adjudicated; and

(2) if a disagreement about a property right is not the subject of pending litigation in a court or administrative agency of competent jurisdiction, the commissioner will

(A) evaluate the merits of the information in the record;

(B) determine whether the applicant or permittee has demonstrated that the requisite property rights exist under 11 AAC 90.123; and

(k) After making a determination of a valid existing right, the commissioner will

(1) provide a copy of the determination, together with an explanation of appeal rights and procedures,

(A) to the applicant or permittee;

(B) to the owner or owners of the land to which the determination applies;

(D) when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of statute; and

(2) publish notice of the determination in a newspaper of general circulation in the area which the land is located.

(l) A determination by the commissioner that an applicant or permittee has or does not have valid existing rights is a final decision subject to administrative and judicial review under AS 27.21.150.

(m) The commissioner will make a copy of all records associated with a request for a valid existing right subject to notice and comment under (e) of this section, available to the public in the same manner as the department must make permit applications available to the public under AS 27.21.100.

History

Authority: AS 27.21.030; AS 27.21.260
Eff. 7/7/2022, Register 243

11 AAC 90.125 Commissioner's findings

(a) The commissioner will not approve an application for a permit or major revision of a permit unless the application affirmatively demonstrates and the commissioner finds, in writing, on the basis of information set out in the application or information otherwise available that is documented in the approval, that

(1) the conditions specified in AS 27.21.180(c) have been met;

(2) neither the applicant nor the operator is in violation of the conditions specified in AS 27.21.180(f);

(3) the applicant has assured that disturbances to the hydrologic balance will be minimized, the water rights of present users will be protected, and, in those cases where rights cannot be protected, alternative water sources of similar quantity and quality will be provided;

(4) the applicant has obtained a negative determination of alluvial valley floors or satisfied the requirements of 11 AAC 90.149;

(5) the proposed postmining land use of the permit area has been approved by the commissioner under 11 AAC 90.481;

(6) the operation will not affect the continued existence of known threatened or endangered species or result in the destruction or adverse modification of their critical habitat as determined under the Endangered Species Act of 1973 (16 U.S.C. 1531, et seq.);

(7) an existing structure proposed for use in the operation meets the requirements of 11 AAC 90.005;

(8) all specific approvals required under 11 AAC 90.301 - 11 AAC 90.501 have been made;

(9) the commissioner has determined the amount of bond necessary under 11 AAC 90.205;

(10) for auger mining,

(A) adverse water quality impacts will be prevented or corrected;

(B) prohibition of augering is not necessary to maximize the utilization, recoverability, or conservation of coal;

(C) effects from augering operations would not prevent reclamation from being performed in accordance with this chapter; and

(D) subsidence resulting from auger mining will not disturb or damage power lines, pipelines, buildings, roads, or other facilities; and

(11) the applicant has submitted proof that all reclamation fees required by 30 C.F.R. Part 870 have been paid.

(12) the potential effects of the operation on property listed or eligible for listing on the National Register of Historic Places has been considered in accordance with 11 AAC 90.091 and 11 AAC 90.121(a);

(13) for a re-mining operation that the applicant proposes to reclaim according to standards in 11 AAC 90.443(e) or 11 AAC 90.457(c)(5), the site is a previously mined area as defined in this chapter.

(14) the applicant is eligible to receive a permit, based on the review and finding required under 11 AAC 90.104.

(b) If the commissioner finds that existing structures cannot be reconstructed or modified without causing significant harm to the environment or to the public health or safety, the applicant will be required to abandon the existing structure on a schedule approved by the commissioner in compliance with 11 AAC 90.471. The structure may not be used for or to facilitate operations after the effective date of issuance of the permit.

(c) After making a final finding under (a) of this section and not more than five business days before issuing a permit, the commissioner will request a compliance history report from the applicant violator system to determine if there are any unabated or uncorrected violations that affect permit eligibility under 11 AAC 90.104.

History

Authority: AS 27.21.030; AS 27.21.180
Eff. 5/2/83, Register 84; am 11/18/94, Register 132; am/readopt 7/7/2022, Register 243

11 AAC 90.127 Permit conditions

In a permit that the commissioner issues, the commissioner will include the following conditions requiring the permittee to

(1) conduct operations only on that land which is approved for the term of the permit and that is subject to the performance bond or other equivalent guarantee in effect under 11 AAC 90.201;

(2) conduct all operations only as described in the complete application, except to the extent that the commissioner otherwise directs in the application decision;

(3) comply with the performance standards of 11 AAC 90.301 - 11 AAC 90.501;

(4) allow an authorized representative of the commissioner or the secretary the right of entry specified in 11 AAC 90.601 - 11 AAC 90.603;

(5) take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including

(A) accelerated or additional monitoring necessary to determine the nature, extent, and result of any noncompliance;

(B) immediate implementation of measures necessary to comply; and

(C) warning, as soon as possible after learning of the noncompliance, a person whose health and safety is in imminent danger due to the noncompliance;

(6) pay all reclamation fees required by 30 C.F.R. Part 870 for all coal produced under this permit; and

(7) not later than 60 days after the addition, departure, or other change in position of a person identified in the information submitted under 11 AAC 90.023(c), the permittee shall provide or update the information required under that section, including the date of any addition, departure, or change in position.

History

Authority: AS 27.21.030; AS 27.21.180
Eff. 5/2/83, Register 84; am 11/18/94, Register 132; am 7/7/2022, Register 243

11 AAC 90.134 Initial review and preliminary finding requirements for improvidently issued permits

(a) If the commissioner determines that a surface coal mining and reclamation permit issued under 11 AAC 90.109 or 11 AAC 90.125 may have been improvidently issued, the commissioner will review the circumstances under which the permit was issued. After this review, the commissioner will determine if there is sufficient evidence to make a prima facie case that the permit was improvidently issued because

(1) under the permit eligibility criteria in effect at the time the permit was issued,

(A) the commissioner should not have issued the permit because of an unabated or uncorrected violation; or

(B) the permit was issued on the presumption that a violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation;

(2) the applicant or the applicant's operator currently owns or controls, or owned or controlled, a surface coal mining and reclamation operation that has a violation that

(A) remains unabated or uncorrected;

(B) is not the subject of a good-faith appeal; and

(C) is not the subject of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the regulatory authority, department, or agency that has jurisdiction over the violation;

(3) through an ownership or control link, the permittee was linked to the violation under the permit eligibility criteria in effect at the time the permit was issued, and the ownership or control link between the permittee and the person responsible for the violation still exists, or, where the link was severed, the permittee continues to be responsible for the violation; or

(4) a provisional permit meets one of the criteria listed in 11 AAC 90.109(c).

(b) If the commissioner determines that there is sufficient evidence to establish a prima facie case that the permit was improvidently issued, the commissioner will issue a written preliminary finding under (a) of this subsection. The commissioner will serve the permittee with notice and the written preliminary finding.

(c) Not later than 30 days after receiving a notice under (b) of this section, the permittee, may request in writing that the commissioner reconsider the finding that a permit was improvidently issued and may provide evidence to the commissioner to support this claim. After considering the record and evidence submitted under this subsection, the commissioner will make a final finding, in writing, as to whether the permit was improvidently issued. Based on this finding, the commissioner may propose to either suspend or rescind an improvidently issued permit under 11 AAC 90.136. The commissioner will provide notice of this proposal along with the final finding in accordance with 11 AAC 90.135.

(d) The provisions of 11 AAC 90.137 apply when a challenge under (c) of this section concerns a preliminary finding under (a)(2) of this section that the applicant or the applicant's operator currently owns or controls, or owned or controlled, a surface coal mining operation.

History

Authority: AS 27.21.030; AS 27.21.150; AS 27.21.180
Eff. 7/7/2022, Register 243

11 AAC 90.135 Notice and appeal requirements for the proposed suspension or rescission of an improvidently issued permit

(a) If the commissioner proposes to suspend or rescind an improvidently issued permit, the commissioner will provide written notice to the permittee with a statement detailing the basis for the proposed decision under AS 27.21.180 that

(1) after review of any evidence submitted under 11 AAC 90.134(c), finds that a permit was improvidently issued under the criteria in 11 AAC 90.134(a); or

(2) after review of a provisional permit issued under 11 AAC 90.109, finds that one or more of the conditions listed in 11 AAC 90.109(c)(1) - (4) exists.

(b) The commissioner will, in accordance with 11 AAC 90.619, provide the permittee notice of a proposed suspension or rescission that states that, under 11 AAC 90.134(c), in 60 days the permit will be suspended, or in 120 days the permit will be rescinded. A permittee may request that the commissioner reconsider the proposed suspension or rescission and submit supporting information with the request. The commissioner will consider the additional information and revoke the proposed suspension or rescission if the commissioner finds that

(1) the violation has been abated or corrected to the satisfaction of the agency with jurisdiction over the violation;

(2) the owner or the owner's operator no longer owns or controls the relevant operation;

(3) the commissioner's finding that formed the basis for the suspension or rescission was made in error;

(4) the violation is the subject of a good-faith administrative or judicial appeal, unless there is an initial judicial decision affirming the violation, and that decision remains in force;

(5) the violation is the subject of an abatement plan or payment schedule that is being met to the satisfaction of the agency with jurisdiction over the violation; or

(6) the permittee is pursuing a good-faith challenge or administrative or judicial appeal of the relevant ownership or control listing or finding, unless there is an initial judicial decision affirming the listing or finding, and that decision remains in force.

(c) If a permittee does not request reconsideration under (b) of this section, the commissioner will suspend the permit after 60 days and rescind the permit after 120 days, in accordance with 11 AAC 90.134(c). If a permittee requests reconsideration and the commissioner does not revoke a proposed decision to suspend or rescind a permit under (b) of this section, the commissioner will affirm the proposed decision that the permit was improvidently issued before taking action to suspend or revoke the permit under 11 AAC 90.136. After the commissioner affirms a proposed decision under this section, it is a final decision.

(d) A person may appeal a final decision under (c) of this section if the person has an interest that may be adversely affected by the decision and the person exhausted the available administrative remedies. A hearing on an appeal under this subsection is conducted in accordance with 11 AAC 90.131 and AS 27.21.150. A suspension or rescission of the permit at issue will occur in accordance with 11 AAC 90.134(c) unless the person obtains a stay for temporary relief.

History

Authority: AS 27.21.030; AS 27.21.150; AS 27.21.180
Eff. 7/7/2022, Register 243

11 AAC 90.136 Suspension or rescission requirements for improvidently issued permits

(a) Unless subject to reconsideration or an appeal under 11 AAC 90.135(b) or (d), the commissioner will suspend or rescind the permit when the time specified in 11 AAC 90.134(c) expires. The commissioner will provide written notice to the permittee when a permit is suspended or rescinded and will post a copy of the notice in the department office closest to the permit area.

(b) A permittee may request reconsideration of the suspension or rescission under 11 AAC 90.135(b) or, if all administrative remedies are exhausted, the permittee may request judicial review of the suspension or rescission.

History

Authority: AS 27.21.030; AS 27.21.190 AS 27.21.150; AS 27.21.240
Eff. 7/7/2022, Register 243

11 AAC 90.137 Ownership or control challenges

(a) A person may request a reconsideration of a listing or finding of ownership or control under 11 AAC 90.105 if

(1) the person is listed in a permit application or in the applicant violator system as an owner or controller of all or part of a surface coal mining operation;

(2) the commissioner finds that the person is an owner or controller of all or part of a surface coal mining operation under 11 AAC 90.105(b); or

(3) the person is an applicant or permittee affected by an ownership or control listing or finding.

(b) A permittee must include with a request for consideration under this section a written explanation of the basis for the challenge and reliable, credible evidence supporting the challenge. The permittee must also submit the written explanation to a regulatory authority in another jurisdiction if the challenge affects a pending permit application in that jurisdiction or if the challenge affects a surface coal mining operation in that jurisdiction. If the challenge concerns a violation under the jurisdiction of a different regulatory authority, the commissioner will review the information in the applicant violator system and may request that the office overseeing the applicant violator system conduct an investigation into the violation. The commissioner will also consult with the applicable regulatory authority regarding the details of the violation.

(c) A challenger under this section must prove by a preponderance of the evidence that the challenger does not currently own or control the relevant operation and did not own or control the operation during the course of the relevant time period.

(d) The evidence provided under (a) of this section becomes part of the public record unless the person providing the evidence requests that the commissioner hold materials submitted under this section as confidential, subject to AS 27.21.200(c) and AS 40.25.100 - 40.25.295 (Alaska Public Records Act). Evidence provided under (a) of this section may include

(1) a notarized affidavit containing specific facts about the duties performed for the relevant operation, the beginning and ending dates of the ownership or control of the operation, and the nature and details of any transaction creating or severing ownership or control of the operation in question;

(2) certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence, or other relevant company records;

(3) certified copies of documents filed with or issued by any state, municipal, or federal government agency; or

(4) an opinion of counsel that includes supporting evidence, a statement by counsel that they are qualified to render the opinion, and a statement that counsel has personally and diligently investigated the facts of the matter.

(e) Not later than 60 days after a person files a challenge under this section, the commissioner will issue a written decision finding whether the challenger owns or controls the relevant surface coal mining operation, or owned or controlled the operation during the relevant time period. The commissioner will enter the final decision into the applicant violator system and promptly provide a copy of the decision to the challenger.

(f) The person who filed the challenge or a person with an interest that may be adversely affected by the decision may appeal this decision. A hearing on an appeal under this section will be conducted in accordance with 11 AAC 90.131 and AS 27.21.150. A permittee must exhaust all administrative remedies before the permittee may seek judicial review.

(g) The commissioner will update the applicant violator system to reflect any changes following an appeal.

(h) At any time, a person listed in the applicant violator system as an owner or controller of a surface coal mining operation may request an informal explanation from the applicant violator system office as to the reason the person is in the applicant violator system in an ownership or control capacity. The applicant violator system office will provide a response describing why the person is listed in the applicant violator system in accordance with 30 C.F.R. 773.26(e).

History

Authority: AS 27.21.030; AS 27.21.150; AS 27.21.180
Eff. 7/7/2022, Register 243

Article 7 Permitting for Special Categories of Mining

11 AAC 90.159 Lands eligible for re-mining

(a) A person may be eligible to obtain a permit on previously mined lands with an unabated violation under 11 AAC 90.104(c). A person who submits a permit application to conduct a surface coal mining operation on previously mined lands eligible for re-mining must comply with (b) of this section.

(b) In addition to the information required for an application under this chapter, an applicant for a permit on lands eligible for re-mining shall conduct a diligent investigation of the site. A diligent investigation includes visual observations, a record review of mining on the site, and an environmental sampling tailored to current site conditions. Following an investigation, the applicant shall identify and include in the application potential environmental and safety problems not otherwise addressed that a person could reasonably anticipate occurring. The applicant must also describe the mitigation measures that the applicant or operator will take to meet the reclamation requirement under this chapter.

History

Authority: AS 27.21.030; AS 27.21.110; AS 27.21.210
Eff. 7/7/2022, Register 243

11 AAC 90.163 Exploration that substantially disturbs the natural land surface or occurs in an area designated unsuitable for surface coal mining

(a) A person who intends to conduct coal exploration that will substantially disturb the natural land surface or that will take place in an area designated unsuitable for surface mining under AS 27.21.260 or 11 AAC 90.121 shall file an application in the format required by 11 AAC 90.021. The application must include

(1) the information required under 11 AAC 90.161(a)(1), (2), and (5);

(2) an exploration and reclamation plan of operations, that includes

(A) a brief description of the proposed area, cross-referenced to the map required under (4) of this subsection, including available information on

(i) surface topography;

(ii) geologic, surface water, and other physical features;

(iii) vegetative cover; and

(iv) important habitat for fish, wildlife, and plants, including any endangered or threatened species listed under 16 U.S.C. 1531 - 1543 (Endangered Species Act of 1973);

(B) a description of known cultural or historic resources listed or eligible for listing on the National Register of Historic Places (54 U.S.C. 302101 - 302108) and known archaeological features within the proposed exploration area; the commissioner may require additional information regarding known or unknown historic or archeological resources if these resources are likely to be affected by activities under this section;

(C) a description of the methods to be used to conduct coal exploration and reclamation, including types and uses of equipment, drilling, blasting, road or other transportation facility construction, and earth and debris disposal areas;

(D) an estimated timetable for each phase of exploration and reclamation;

(E) the estimated amounts of coal to be removed and a description of the methods to be used to determine those amounts;

(F) the documentation required under (b) of this section if the applicant proposes to remove more than 250 tons of coal; and

(G) a description of how the exploration activities will comply with 11 AAC 90.167;

(3) the names and addresses of all owners and leaseholders of record of the surface land and the mineral estate in the area to be explored;

(4) a map of the 1:63,360 scale series enlarged at least 2.5 times showing, based on available information, the area to be disturbed by the proposed exploration and reclamation activities, including

(A) existing roads, structures, pipelines, and the proposed location of trenches, roads, rights-of-way, and other access routes

(B) land excavations to be conducted;

(D) earth or debris disposal areas;

(E) bodies of water;

(F) historic, archeological and cultural features;

(G) topographic and drainage features; and

(H) the habitats of endangered or threatened species identified in (2)(A)(iv) of this subsection;

(5) a statement as to whether coal exploration is proposed for lands under the protection of AS 27.21.260 or 11 AAC 90.121, and a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities are designed to minimize interference with the values for which those lands were designated as unsuitable for coal mining and reclamation operations; and

(6) documentation of consultation with the owner, agency, or both about a feature causing the land to come under the protection of AS 27.21.260(d) and 11 AAC 90.121, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of AS 27.21.260(d) or 11 AAC 90.121.

(b) The commissioner may approve an exploration permit to extract more than 250 tons of coal under an exploration permit only if the applicant

(1) demonstrates that coal testing is necessary for the development of a surface coal mining and reclamation operation for which a permit application will be submitted in the near future;

(2) demonstrates that any sale or commercial use of the coal is for testing purposes only; the commissioner will

(A) determine under 11 AAC 90.002(b) whether the commercial use or sale is to test coal for an operation; and

(B) base a determination that a permit is not required on a demonstration by the applicant that includes the information required under this subsection and

(i) evidence that sufficient coal reserves are available to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve; and

(ii) an explanation of why other means of exploration are not adequate to determine the quality of the coal or the feasibility of developing a surface coal mining operation;

(3) demonstrates that the amount of coal proposed to be extracted is the minimum necessary for testing;

(4) provides the location where the coal will be tested;

(5) provides the name of the testing firm;

(6) provides a statement from the testing firm, the intended end user of the coal, or, if applicable, the agent or broker handling the transaction, that describes

(A) the specific tests that will be conducted and the amount of coal necessary for these tests; and

(B) the reason for testing, including, if applicable, that the coal may differ from the user's other coal supplies;

(7) submitting evidence that sufficient reserves of coal are available to the applicant for future commercial use or sale to the intended end user to demonstrate that the amount of coal to be removed is a sample of a larger reserve and not the total reserve; and

(8) providing an explanation of why other means of exploration are not adequate to determine the quality of the coal or the feasibility of developing a surface coal mining operation.

(c) On any lands protected under AS 27.21.260 or 11 AAC 90.121, the commissioner will authorize surface coal mining activities only upon a finding that exploration activities will be conducted to minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the commissioner will provide a reasonable opportunity for the owner of, and, when applicable, the agency with primary jurisdiction over, the feature causing the land to come under the protection of AS 27.21.260, to comment on whether the finding is appropriate.

History

Authority: AS 27.21.030; AS 27.21.200
Eff. 5/2/83, Register 84; am 11/18/94, Register 132; am 7/29/98, Register 147; am 7/7/2022, Register 243

Article 12 Inspection and Enforcement

11 AAC 90.613 Cessation orders

(a) The commissioner will immediately issue a cessation order to the permittee or operator of exploration activities, of surface coal mining and reclamation operations, or of the relevant portion of an operation if the commissioner finds, on the basis of an inspection,

(1) a condition or practice of an exploration activity or surface coal mining and reclamation operation that

(A) creates an imminent danger to the health or safety of the public; or

(B) causes, or is reasonably expected to cause, significant imminent environmental harm to land, air, or water resources; or

(2) a violation of AS 27.21, this chapter, or a condition of an exploration approval or permit imposed under AS 27.21 or this chapter that

(A) creates an imminent danger to the health or safety of the public; or

(B) causes, or is reasonably expected to cause, significant imminent environmental harm to land, air, or water resources.

(b) If the cessation ordered under (a) of this section will not completely abate the imminent danger or harm as quickly as possible, the commissioner will impose affirmative obligations on the person to whom the cessation order is issued to abate the condition, practice, or violation. In the order document, the commissioner will specify the affirmative obligations that are in addition to the cessation order, and will specify the time by which abatement must be accomplished.

(c) An exploration activity or surface coal mining and reclamation operation conducted without a valid approval or permit constitutes a condition or practice that causes or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, unless the activity or operation is an integral, uninterrupted extension of previously approved activities or operations and the person conducting the activity or operation has filed a timely and complete application for an approval or permit to conduct the activity or operation.

(d) The commissioner will immediately order the cessation of coal exploration, of a surface coal mining and reclamation operation, or of the relevant portion of that operation when a notice of violation has been issued under 11 AAC 90.615 and the person to whom the notice was issued fails to abate the violation within the abatement period fixed or subsequently extended by the commissioner.

(e) A cessation order issued under this section must be in writing, be signed by the commissioner, and set out with reasonable specificity

(1) the nature of the violation;

(2) any required remedial actions, affirmative obligations, or interim steps;

(3) the time established for any abatement and any interim steps;

(4) a description of the portion of the coal exploration or surface coal mining and reclamation operation to which the order applies; and

(5) that the right to an informal conference on the order will be considered waived unless a conference is requested not later than 30 days after service of the order.

(f) A cessation order under this section remains in effect until

(1) the condition, practice, or violation is abated;

(2) the commissioner vacates, modifies, or terminates the order in writing; or

(3) the order expires under AS 27.21.240(h).

(g) A reclamation operation and other activity intended to protect public health and safety and the environment must continue during the period of any order unless otherwise provided in the order.

(h) The commissioner may modify, terminate, or vacate a cessation order for good cause and extend the time for abatement if failure to abate within the set time is not caused by lack of diligence on the part of the person to whom the order was issued.

(i) The commissioner will terminate a cessation order, by written notice to the person to whom the order was issued, when the commissioner determines that all conditions, practices, or violations listed in the order have been abated. Termination does not affect the right of the commissioner to assess civil penalties for those violations under 11 AAC 90.625.

(j) Not later than 30 days after the commissioner issues a cessation order under this section, the permittee or operator shall submit changes or updates to the information submitted under 11 AAC 90.023. If no changes or updates are required, the permittee or operator shall submit a statement that no changes are required. A permittee or operator is not required to submit changes or updates under this subsection if a court grants a stay of the cessation order that remains in effect.

(k) Not later than 60 days after issuing a cessation order, the commissioner will send a written notice of the cessation order to the permittee, the operator, and each person who

(1) has been listed or identified under 11 AAC 90.023 by the applicant, permittee, or commissioner; and

(2) is an owner or controller of the operation.

History

Authority: AS 27.21.030; AS 27.21.240
Eff. 5/2/83, Register 84; am 7/7/2022, Register 243

11 AAC 90.617 Pattern of violations of AS 27.21 or the term of a permit

(a) Upon a finding that a pattern of violations exists under AS 27.21.240(f), the commissioner will issue the permittee a notice of violation· and an order described in AS 27.21.240(f) to show cause. For the purpose of AS 27.21.240(f) and this subsection,

(1) a violation is caused willfully if the person who authorized, ordered or carried out an act or omission that resulted in either a violation or the failure to abate or correct a violation acted

(A) intentionally, voluntarily, or consciously; and

(B) with intentional disregard of or plain indifference to legal requirements;

(2) a violation is unwarranted if the failure of the permittee to prevent the occurrence of a violation of a permit or a requirement of AS 27.21 or this chapter is due to indifference, lack of diligence, or lack of reasonable care, or if the failure to abate a violation of the permit or a requirement of AS 27.21 or this chapter is due to indifference, lack of diligence, or lack of reasonable care; the commissioner will attribute a violation by an operator on behalf of the permittee to the permittee unless the permittee establishes that the operator committed an act of deliberate sabotage.

(b) The commissioner may determine that a pattern of violations exists or has existed based on two or more inspections of the permit area within any 12-month period after considering circumstances including

(1) the number of violations, cited on more than one occasion, of the same or related requirements of AS 27.21, this chapter, or the permit;

(2) the number of violations, cited on more than one occasion, of different requirements of AS 27.21, this chapter, or the permit; and

(3) the extent to which the violations were unrelated departures from lawful conduct.

(c) The commissioner will promptly review the history of violations of any permittee cited for violations of the same or related requirements of AS 27.21, this chapter, or the permit during three or more inspections of the permit area within any 12-month period. If, after review, the commissioner determines that a pattern of violations exists or has existed, the commissioner will issue an order under (a) of this section.

(d) The commissioner may decline to issue a show cause order or vacate an outstanding show cause order if the commissioner finds, taking into account exceptional factors present in the particular case, that it would be demonstrably unjust to issue or fail to vacate the show cause order. The commissioner will fully explain and document the basis for this finding in the records of the case.

(e) After issuance of an order under this section and if the permittee requests a hearing under AS 27.21.240(f), the commissioner will provide notice in accordance with AS 27.21.240(g) and 11 AAC 90.907(d), including a brief statement of the procedure for any known interested persons to intervene in the public hearing.

(f) Following issuance of a show cause order and at the request of the person to whom the order was issued, the commissioner will hold a public hearing upon 30 days' written notice of the time, date, and place of the hearing to the permittee and any other persons who requested a hearing under AS 27.21.240(c). The hearing is subject to AS 44.62.330 - 44.62.630.

(g) Not later than 60 days after the hearing or issuance of the order to show cause, the commissioner will issue a written decision, order, and the reasons for both, in accordance with AS 27.21.240(g) concerning the suspension or revocation of the permit. If the commissioner suspends or revokes the permit, the permittee shall immediately cease operations and complete the reclamation as required under AS 27.21.240(g). Additionally, if the commissioner suspends the permit, the permittee shall complete all affirmative obligations to abate all conditions, practices, or violations as specified in the order.

(h) If a permittee fails to abate a violation contained in a notice of violation or a cessation order under AS 27.21.240(a) or (b) within the abatement period set in the notice or order or as subsequently extended, the commissioner will review the permittee's history of violations to determine whether a pattern of violations exists under this section and will issue an order to show cause if appropriate.

History

Authority: AS 27.21.030; AS 27.21.240
Eff. 5/2/83, Register 84; am 7/7/2022, Register 243

11 AAC 90.625 Penalty assessment and computation

(a) The commissioner may assess a penalty for each violation contained in a notice of violation issued under 11 AAC 90.615 and will assess a penalty for each violation contained in a cessation order issued under 11 AAC 90.613. The commissioner will determine whether to assess a penalty and compute the amount of a penalty in accordance with this section.

(b) The commissioner will find the beginning dollar value by determining the seriousness of a violation based on the adverse environmental impact and the hazard to public health and safety. The value will be the sum of

(1) the degree of the adverse environmental impact, with no adverse impact assigned a zero dollar value,

(A) for a minimal degree of adverse impact, a dollar value of

(i) 25 for potential environmental impact;

(ii) 50 for actual environmental impact;

(iii) 100 for irreparable environmental impact;

(B) for a moderate degree of adverse impact, a dollar value of

(i) 50 for potential environmental impact;

(ii) 100 for actual environmental impact;

(iii) 150 for irreparable environmental impact;

(i) 100 for potential environmental impact;

(ii) 150 for actual environmental impact;

(iii) 200 for irreparable environmental impact; and

(2) the degree of potential public health and safety hazard resulting from a violation, with no hazard assigned a $0 value, moderate hazard assigned a $75 value, and severe hazard assigned a $150 value.

(1) zero, if the extent of the damage or hazard is none or minimal, occurring on or off the permit area;

(2) three, if the extent of the damage or hazard is small and located on the permit area;

(3) six, if the extent of the damage or hazard is small and located off of the permit area;

(4) six, if the extent of the damage or hazard is moderate and located on the permit area;

(5) nine, if the extent of the damage or hazard is moderate and located off the permit area;

(6) nine, if the extent of the damage or hazard is large and located on the permit area;

(7) 12, if the extent of the damage or hazard is large and located off the permit area.

(d) If a violation does not result in a penalty under (b) and (c) of this section, but the violation obstructs program administration or enforcement, the commissioner will assess a penalty of $250.

(e) The commissioner will take the dollar value determined under (c) or (d) of this section and multiply it by the degree of fault, determined by the commissioner, as follows:

(1) if the violation could not have been prevented through the use of reasonable care, multiplied by a factor of one;

(2) if the violation occurred because of the operator's or permittee's lack of reasonable care, lack of diligence, or indifference, multiplied by a factor of two;

(3) if the violation occurred because of the disregard of a known situation likely to cause a violation or a known situation that should have been recognized as likely to cause a violation, multiplied by a factor of three;

(4) if the permittee or operator intentionally, voluntarily, or consciously ordered or carried out an act or omission with reckless disregard or plain indifference to legal requirements that resulted in a violation or the failure to abate or correct a violation, multiplied by a factor of four.

(f) The commissioner may modify the amount determined under (e) of this section

(1) by adding an additional $500 if three or more violations occurred at the same operation during the 12 months immediately preceding the notice of violation that are not the subject of administrative or judicial review at the time of the assessment;

(2) by reducing the amount for good-faith compliance with AS 27.21 and this chapter after receiving a notice of violation or cessation order, if the abatement is achieved in less time than originally set for abatement, with a

(A) 40 percent credit if the abatement is complete within 25 percent of the original abatement time;

(B) 25 percent credit if the abatement is complete within 50 percent of the original abatement time;

(g) The commissioner may assess a separate civil penalty, computed under (b) - (f) of this section, for each day after the date the commissioner issued the notice of violation or cessation order if

(1) the violation continued to cause irreparable damage after the date the commissioner issued the notice of violation or cessation order;

(2) the degree of fault was determined under (e)(2) or (3) of this section;

(3) the recipient of the notice of violation or cessation order gained an economic benefit as a result of the violation; or

(4) the violation resulted in administrative or inspection costs in excess of the costs that the commissioner normally incurs.

History

Authority: AS 27.21.030; AS 27.21.240; AS 27.21.250
Eff. 5/2/83, Register 84; am 9/28/86, Register 99; am 7/7/2022, Register 243

11 AAC 90.635 Civil penalty against a director, officer, or agent of a corporate permittee

(a) Under the circumstances set out in (b)(1) and (2) of this section for a violation by a permittee that is a corporation, the commissioner may assess a civil penalty against a director, officer, or agent of the corporate permittee, if the director, officer, or agent knowingly and willfully authorized, ordered, or carried out a violation of AS 27.21, this chapter, or a permit condition.

(b) The commissioner will not assess a civil penalty under (a) of this section in situation resulting from a violation by a corporate permittee unless

(1) the commissioner issues a cessation order to the corporate permittee for a violation; and

(2) the violation remains unabated for at least 30 days after issuance of the cessation order.

History

Authority: AS 27.21.030; AS 27.21.250
Eff. 4/24/2009, Register 190; am 7/7/2022, Register 243

11 AAC 90.637 Amount of civil penalty against a director, officer, or agent of a corporate permittee

(a) In determining the amount of a civil penalty assessed against a director, officer, or agent of a corporate permittee under AS 27.21.250(a) and 11 AAC 90.635, in addition to the penalty assessed under AS 27.21.250(h), the commissioner will consider

(1) the director's, officer's, or agent's history of authorizing, ordering, or carrying out previous violations, failures, or refusals at the particular operation;

(2) the seriousness of the violation, failure, or refusal, as indicated by

(A) the extent of damage;

(B) the anticipated cost of reclamation

(D) the extent that the violation, failure, or refusal has created a hazard to public health or safety; and

(E) the seriousness of any hazard that has been created to public health or safety;

(3) the extent to which the director's, officer's, or agent's negligence, rather than knowing and willful conduct, resulted in the violation, failure, or refusal; and

(4) the demonstrated good faith of the director, officer, or agent in attempting to achieve rapid compliance after receiving the notice of the violation, failure, or refusal.

(b) The commissioner may consider each day of a continuing violation as a separate violation, and may assess a separate civil penalty against a director, officer, or agent of a corporate permittee under AS 27.21.250(a) and 11 AAC 90.635, in addition to the penalty assessed under AS 27.21.250(h), for each day the violation, failure, or refusal continues, beginning on the date of service of the underlying notice of violation, cessation order, or other order incorporated in a final decision issued by the commissioner, and ending on the date abatement or compliance is achieved.

(1) a failure to comply with a condition of a permit or of any other permit that the commissioner is enforcing under AS 27.21.240 or the regulations implementing that section; or

(2) a failure or refusal to comply with any order issued under AS 27.21.240, or any order incorporated in a final decision issued by the commissioner, except an order incorporated in a decision issued under AS 27.21.250(c).

History

Authority: AS 27.21.030; AS 27.21.250
Eff. 4/24/2009, Register 190; am 7/7/2022, Register 243

11 AAC 90.639 Procedure for assessment of civil penalty against a director, officer, or agent of a corporate permittee

(a) If assessing a civil penalty against a director, officer, or agent of a corporate permittee under AS 27.21.250(a) and 11 AAC 90.635, in addition to the penalty assessed under AS 27.21.250(h), the commissioner will serve a notice of the proposed civil penalty assessment on each director, officer, or agent to be assessed. In the notice, the commissioner will include a narrative explanation of the reasons for the penalty, the amount of the proposed assessment, and a copy of any underlying notice of violation and cessation order.

(b) The notice of proposed civil penalty assessment becomes a final decision of the commissioner 30 days after service upon the director, officer, or agent unless

(1) the director, officer, or agent contests the amount of the penalty or the fact of the violation, in accordance with AS 27.21.250(b); or

(2) the director, officer, or agent, or the responsible corporate permittee agree with the commissioner in writing to a plan and schedule for the abatement or correction of the violation.

(c) For purposes of this section, the commissioner will perform service by certified mail or in person. Service is complete upon mailing or personal service. The commissioner will not consider service to be incomplete because of refusal to accept.

History

Authority: AS 27.21.030; AS 27.21.250
Eff. 4/24/2009, Register 190; am 7/7/2022, Register 243

11 AAC 90.641 Payment of penalty assessed against a director, officer, or agent of a corporate permittee

(a) Except as provided in (b) and (c) of this section, a director, officer, or agent of a corporate permittee shall pay in full a civil penalty not later than 30 days after service of a notice under 11 AAC 90.639 of a proposed civil penalty assessment.

(b) If the director, officer, or agent named in a notice of proposed civil penalty assessment contests the amount of the penalty or the violation in accordance with AS 27.21.250(b) and 11 AAC 90.639(b), the penalty is due not later than 30 days after the commissioner issues a final written decision affirming, increasing, or decreasing the proposed penalty.

(c) If the director, officer, or agent, or the responsible corporate permittee agree with the commissioner in writing to a plan and schedule for the abatement or correction of the violation, and the abatement or correction is not satisfactory, the penalty is due not later than 30 days after the commissioner issues a final written decision affirming, increasing, or decreasing the proposed penalty.

(d) If a director, officer, or agent who is assessed a penalty as set out in 11 AAC 90.635 - 11 AAC 90.639 fails to pay an overdue penalty, the commissioner may

(1) request that the attorney general initiate litigation to recover the penalty;

(2) report the failure to the United States Internal Revenue Service;

(3) report the failure to the Department of Revenue;

(4) report the failure to credit bureaus; or

(5) refer the debt to collection agencies.

History

Authority: AS 27.21.030; AS 27.21.250
Eff. 4/24/2009, Register 190; am 7/7/2022, Register 243

11 AAC 90.643 Criminal penalties

If an inspection under AS 27.21.230 or an investigation under AS 27.21.240 shows that a person meets the criteria for criminal prosecution under AS 27.21.250(e), (f), (g), or (i), the commissioner may notify the attorney general of the results of the inspection or investigation and request that the attorney general pursue criminal prosecution against the person.

History

Authority: AS 27.21.030; AS 27.21.250
Eff. 7/7/2022, Register 243

11 AAC 90.645 Civil actions for relief

(a) The commissioner is not required to issue a notice of violation or a cessation order before requesting the attorney general to institute a civil action for relief under AS 27.21.240.

(b) The commissioner may make a request under (a) of this section after a single instance of any violation, interference, or unlawful refusal under AS 27.21.240(i)(1) - (4).

History

Authority: AS 27.21.030; AS 27.21.250
Eff. 7/7/2022, Register 243

Article 17 Abandoned Mines

11 AAC 90.898 Contractor eligibility

The commissioner will not authorize the dispersal of money from the abandoned mine reclamation fund (30 U.S.C. 1231) to a successful bidder for an abandoned mine land program contract, for either coal or non-coal projects, until the requirements of this section are met. The commissioner must determine that the bidder meets the permit eligibility requirements under 11 AAC 90.104 and that the bidder does not appear on the list generated under AS 36.05.090(b). In order for the commissioner to make this determination, a successful bidder must provide the commissioner with the ownership and control information required under 11 AAC 90.023(b) and (c).

History

Authority: AS 27.21.030; AS 27.21.270
Eff. 7/7/2022, Register 243

Article 18 General Provisions

11 AAC 90.911 Definitions

Unless the context indicates otherwise, in AS 27.21 and this chapter,

(1) "acid drainage" means water with a pH which may cause or contribute to violation of the Alaska water quality laws and regulations discharged from an active, inactive, or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations;

(2) "acid-forming materials" means earth materials that contain sulfide minerals or other materials which, if exposed to air, water, or weathering processes, form acids that may create acid drainage;

(3) "Act" means the Alaska Surface Coal Mining Control and Reclamation Act (AS 27.21);

(4) "adjacent area" means land located outside the affected area or permit area, depending on the context, where air, water, fish, wildlife, vegetation or other resources may be adversely impacted by surface coal mining and reclamation operations;

(5) "affected area" means any land or water upon or in which mining activities are conducted or located, including land or water which is located above underground mine workings;

(6) "affected person" as used in 11 AAC 90.751 - 11 AAC 90.759 means any person subject to the provisions of AS 27.21.050;

(7) "agricultural activities" means, with respect to alluvial valley floors, the use of any tract of land for the production of domestic animal or vegetable life, where the use is enhanced or facilitated by subirrigation or flood irrigation associated with alluvial valley floors; including pasturing, grazing and watering livestock, and cropping, cultivating or harvesting plants whose production is aided by the availability of water from subirrigation or flood irrigation; but not including agricultural practices which do not benefit from the availability of water from subirrigation or flood irrigation;

(8) "agricultural use" means the use of any tract of land for the production of domestic animal or vegetable life including pasturing, grazing, and watering livestock and cropping, cultivating, and harvesting plants;

(9) "aircraft runways" means areas cleared, graded, surfaced, or otherwise modified from the natural condition to facilitate the landing, storage, and servicing of fixed wing and rotary aircraft;

(10) "Alaska state program" means the program submitted to the Secretary under section 503(a) of the Surface Mining Control and Reclamation Act of 1977;

(11) "approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land before mining and blends into and complements the drainage pattern of the surrounding terrain in accordance with the performance standards of this chapter;

(12) "aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use;

(13) "arid and semiarid area" means, in the context of alluvial valley floors, an area experiencing water deficits where water use by native vegetation equals or exceeds that supplied by precipitation;

(14) "auger mining" means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface;

(15) "best technology currently available" or "BTCA" means equipment, devices, systems, methods, or techniques which will prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but not result in contributions of suspended solids in excess of requirements set by applicable state or federal laws and regulations, and minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related environmental values, and achieve enhancement of those resources where practical; "BTCA" includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined by the commissioner, even if they are not in routine use; BTCA" includes construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities, and design of sedimentation ponds in accordance with 11 AAC 90.301 - 11 AAC 90.501; the commissioner will, in his or her discretion, determine the "best technology currently available" on a case-by-case basis;

(16) "cemetery" means any area of land where human bodies are interred;

(17) "coal exploration" means

(A) the field gathering of surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical, or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or

(B) the gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of this chapter;

(18) "coal processing plant" means a complex of facilities where coal is subjected to crushing, cleaning, concentrating, or other chemical or physical processing;

(19) "collateral bond" means an indemnity agreement in a sum certain executed by the permittee as principal and supported by the deposit with the commissioner of one or more of the following:

(A) cash in federally insured accounts payable only to the state upon demand;

(B) negotiable bonds of the United States, a state, or a municipality, endorsed to the order of the State of Alaska;

(D) an irrevocable letter of credit of any bank organized or authorized to transact business in the United States, payable only to the state upon presentation;

(E) a perfected, first-lien security interest in real property in favor of the state;

(F) other investment-grade rated securities having a rating of AAA, AA or A or equivalent rating issued by a nationally recognized securities rating service, endorsed to the order of the state;

(20) "combustible material" means organic material that is easily ignited by fire, heat, or oxidation;

(21) "compaction" means increasing the density of a material by reducing the voids between the particles generally by controlled placement and mechanical effort such as the repeated application of wheel, track, or roller loads from heavy equipment;

(22) "commissioner" means the commissioner of natural resources or his or her designee.

(23) "coal mine waste" means coal processing waste and underground development waste;

(A) are used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;

(B) function as an educational, cultural, historic, religious, scientific, correctional, mental-health, or physical health care facility; or

(24) "cropland" means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, including row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops;

(25) "direct financial interest" means ownership or part ownership of land, stocks, bonds, debentures, warrants, partnership shares, or other holdings or any other arrangement which may result in a benefit from a holding in or salary from coal mining operations; "direct financial interest" includes employment, pensions, creditor, real property, and other financial relationships;

(26) "disturbed area" means an area where vegetation, topsoil, aquatic substrate, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed or, in the case of aquatic systems where the area is channelized or dewatered, until reclamation is complete and the performance bond or other assurance of performance required by 11 AAC 90.201 - 11 AAC 90.209 is released;

(27) "diversion" means a channel, embankment, or other structure constructed to divert water from one area to another;

(28) "downslope" means the land surface between the projected outcrop of the lowest coal bed being mined along each highwall and a valley floor;

(29) "embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, to support roads or railways, or for other similar purposes;

(30) "emergency" means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety, or general welfare of people before the danger can be abated;

(31) "ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table;

(32) "employee" means any person employed by the department who performs any function or duty under the Act;

(33) "escrow account bond" means cash deposited in one or more federally insured accounts which are payable on demand only to the state, or cash deposited directly with the state;

(34) "essential hydrologic functions" means the role of an alluvial valley floor in collecting, storing, regulating, and making the natural flow of surface or ground water, or both, usefully available for agricultural activities by reason of the valley floor's topographic position, the landscape, and the physical properties of its underlying materials; a combination of these functions provides a water supply during extended periods of low precipitation; the role of the alluvial valley floor

(A) in collecting water includes accumulating runoff and discharge from aquifers in sufficient amounts to make the water available at the alluvial valley floor greater than the amount available from direct precipitation;

(B) in storing water involves limiting the rate of discharge of surface water, holding moisture in soils, and holding ground water in porous materials;

(C) in regulating the natural flow of surface water results from the characteristic configuration of the channel flood plain and adjacent low terraces;

(D) in regulating the natural flow of ground water results from the properties of the aquifers which control inflow and outflow; and

(E) in making water usefully available for agricultural activities results from the existence of flood plains and terraces where surface and ground water can be provided in sufficient quantities to support the growth of agriculturally useful plants, from the temporal and physical distribution of water making it accessible to plants throughout the critical phases of the growth cycle either by flood irrigation or by subirrigation, from the natural control of alluvial valley floors in limiting destructive extremes of stream discharge, and from the erosional stability of earth materials suitable for the growth of agriculturally useful plants;

(35) "existing structure" means a structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction began before approval of the state program;

(36) "expended" means that money has been paid or that work has been accomplished or services rendered;

(37) "extraction of coal as an incidental part" means the extraction of coal which is necessary to enable the construction to be accomplished, including only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other construction, or within the boundaries of the area directly affected by other types of government-financed construction, will be considered incidental to that construction;

(38) "extreme danger" means a condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed;

(39) "flood irrigation" means, with respect to alluvial valley floors, supplying water to plants by natural overflow or the diversion of flows, so that the irrigated surface is largely covered by a sheet of water;

(40) "fragile land" means geographic areas containing natural, ecologic, scientific, or aesthetic resources that could be damaged or destroyed by surface coal mining and reclamation operations. Examples of fragile land includes, but is not limited to, uncommon geologic features, National Natural Landmark sites, groundwater recharge areas, valuable habitats for fish and wildlife, critical habitats for endangered species of animals and plants, critical wetlands, environmental corridors containing concentrations of ecologic and aesthetic features, areas of recreational value due to high environmental quality, buffer zones around areas where surface coal mining is prohibited; and important, unique, or highly productive soils or mineral resources;

(41) "fugitive dust" means particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both, including emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; and other activities in which material is either removed, stored, transported, or redistributed;

(42) "fund" means the "Alaska Abandoned Mined Land Reclamation Fund" established under 11 AAC 90.800;

(43) "general area" means, with respect to hydrology, the topographic and ground water basin surrounding a permit area which is of sufficient size, including areal extent and depth, to include one or more watersheds containing perennial streams and ground water zones and to allow assessment of the probable cumulative impacts on the quality and quantity of surface and ground water systems in the basins;

(44) "government financing agency" means a federal, state, municipal, or local unit of government, or a department, bureau, agency or office of the unit which, directly or through another unit of government, finances construction;

(45) "government-financed construction" means construction funded 50 Percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds, but does not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments;

(46) "ground water" means that one or more zones of saturation located at various depths below the ground surface and either confined by impermeable earth material or overlaying an impermeable layer of earth material;

(47) "coal processing waste" means earth materials which are separated and wasted from the product coal during physical or chemical processing, cleaning, or concentrating of coal;

(48) "habitat" means terrestrial and aquatic systems that support fish and wildlife by providing feeding, breeding, resting and protective cover;

(49) "head-of-hollow fill" means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater than 20_ or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10_; the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage;

(50) "higher or better uses" means those postmining land uses that have a higher value or other benefit to the landowner or community than the premining land use;

(51) "highwall" means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities;

(52) "historic land" means historic or cultural districts, places, structures, or objects, including but not limited to, sites listed or eligible for listing on a state or National Register of Historic Places, national historic landmarks, archeological and paleontological sites, or cultural or religious districts, places, or objects;

(53) "hydrologic balance" means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir; "hydrologic balance" encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage;

(54) "hydrologic regime" means the entire process of water movement in a given areas as a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration;

(55) "impoundment" means a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment, or waste;

(56) "indirect financial interest" means the same financial relationships as for direct ownership, but where the employee or private contractor benefits from interests held by his or her spouse, minor child and other relatives, including in-laws, residing in his or her home; no indirect financial interest exists if there is no relationship between the employee's or contractor's functions or duties and the coal mining operation in which the spouse, minor children, or other resident relatives hold a financial interest;

(57) "in situ processes" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal, including in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining;

(58) "intermittent stream" means a stream or reach of a stream that drains a watershed of at least one square mile, is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge;

(59) "irreparable damage to the environment" means any damage to the environment that cannot be corrected by actions of the applicant;

(60) "land use" means specific uses or management-related activities, rather than the vegetation or cover of the land which may be identified in combination when joint or seasonal uses occur and may include support facilities that are an integral part of the use; "land use" includes use of the following categories of land for the purposes stated:

(A) "cropland" means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops;

(B) "pastureland" means land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed;

(C) "grazing land" means land used for both grassland and forest land where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production;

(D) "forestry land" means land used or managed for the long-term production of wood, wood fiber, or wood derived products;

(E) "residential land" means land used for single and multiple-family housing, mobile home parks, and other residential lodgings;

(F) "industrial/commercial land" means land used for

(i) extraction or transformation of materials for fabrication of products, wholesaling of products, or long-term storage of products. This includes all heavy and light manufacturing facilities;

(ii) retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments;

(G) "recreational land" means land used for leisure-time use, including facilities such as parks and camps, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses;

(H) "fish and wildlife habitat" means land dedicated wholly or partially to the production, protection, or management of species of fish or wildlife;

(I) "developed water resources" means land used for storing water for beneficial uses such as stock ponds, irrigation, fire protection, flood control, and water supply;

(J) "undeveloped land" means land that is undeveloped or, if previously developed, land that has been allowed to return to a natural equilibrium through succession;

(61) "left or abandoned in either an unreclaimed or inadequately reclaimed condition" means land or water

(A) which was mined or which was affected by mining, wastebanks, processing, or other mining processes before August 3, 1977, and on which all mining has ceased;

(B) which continues, in its present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of the land or water resources, or endanger the health and safety of the public;

(62) "marine docking facilities" means shoreland that is cleared, graded, stabilized, constructed upon, or otherwise modified from the natural condition to facilitate the landing, anchorage, loading and unloading, and servicing of marine craft, including motorized and non motorized transport vessels;

(63) "materially damage the quantity or quality of water" means, with respect to alluvial valley floors, changes in the quality or quantity of the water supply to any portion of an alluvial valley floor where these changes are caused by surface coal mining and reclamation operations and result in changes that significantly and adversely affect the composition, diversity, or productivity of vegetation dependent on subirrigation, or which result in changes that would limit the adequacy of the water for flood irrigation of the irrigable land acreage existing before mining;

(64) "mountaintop removal" means surface mining which removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill, by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses approved in accordance with 11 AAC 90.141;

(65) "mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth;

(66) "natural hazard land" means geographic areas in which natural conditions exist that pose or, as a result of surface coal mining operations, may pose a threat to the health, safety, or welfare of people, property, or the environment, including, but not limited to, areas subject to landslides, cave-ins, subsidence, substantial erosion, earthquakes, unstable geology, long-term disruptions, or degradation of surface and subsurface water supplies, and substantial increases in flood heights or frequencies;

(67) "occupied dwelling" means any building that is currently being used on a regular basis for human habitation;

(68) "OSMRE" or "OSM" means the United States Department of Interior, Office of Surface Mining Reclamation and Enforcement;

(69) "outslope" means the face of the spoil or embankment sloping downward from the highest elevation to the toe;

(70) "overburden" means earth material of any nature, consolidated or unconsolidated, that overlies a coal deposit, including interburden but excluding topsoil;

(71) "perennial stream" means a stream or part of a stream that, as a result of ground-water discharge or surface runoff, flows continuously during all of the calendar year, except when frozen not including intermittent or ephemeral streams;

(72) "performing any function or duty under this Act" means those decisions or actions which, if performed or not performed, affect the programs under the Act;

(73) "performance bond" means a surety bond, collateral bond, escrow account bond, or a combination of these bonds, by which a permittee assures faithful performance of all the requirements of the Act, this chapter, and the requirements of the permit and reclamation plan;

(74) "permanent" as used for diversions or impoundments means a diversion or impoundment remaining after surface coal mining and reclamation operations are completed;

(75) "permanent facility" means any structure that is built, installed, or established to serve a particular purpose or any manipulation or modification of the surface that is designed to remain after reclamation is completed;

(76) "person having an interest which is or may be adversely affected or person with a valid legal interest" includes any person

(A) who uses any resource of economic, recreational, aesthetic, or environmental value that may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the commissioner, or

(B) whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the commissioner;

(77) "project" means an area with one or more abandoned mine land problems which are the subject of reclamation activity, construction which meets the requirements of 11 AAC 90.808(4) or 11 AAC 90.840(a)(3); and

(78) "property to be mined" means both the surface and mineral estates on and underneath land which is within the permit area;

(79) "prohibited interest" as used in 11 AAC 90.751 - 11 AAC 90.759, means any financial interest prohibited under AS 27.21.050;

(80) "public building" means any structure that is owned or leased by a public agency or used principally for public business, meetings, or other group gatherings;

(81) "public office" means a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours;

(82) "public park" means an area dedicated or designated by a federal, state, or municipal agency or native village for recreational use, whether or not such use is limited to certain times or days. It includes any land leased, reserved, or held open to the public because of that use;

(83) "public road" means any thoroughfare constructed or maintained with public funds which is open to the public for passage of motorized vehicles;

(84) "rangeland" means land on which the natural potential (climax) plant cover is principally native grasses, forbs, and shrubs valuable for forage;

(85) "recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation;

(86) "reclamation" means those actions taken to restore mined land as required by this chapter to a postmining land use approved by the commissioner;

(87) "reclamation activity" means the reclamation, restoration, abatement, control, or prevention of adverse effects of past mining.

(88) "recurrence interval" means the interval of time in which precipitation event is expected to occur once on the average;

(89) "reference area" means a land unit which is representative of geology, soil, slope, and vegetation in the permit area and which is maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production methods approved by the commissioner;

(90) "renewable resource land" means aquifers and areas for the recharge of aquifers and other underground water, areas for agricultural or silvicultural production of food and fiber, and grazing land;

(91) "road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or surface coal mining and reclamation operations, consisting of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches, surface, and contiguous appendages necessary for the total structure, and including access and haul roads, and roads used by coal-hauling vehicles leading to transfer, processing, or storage areas; however, the term "road" does not include a ramp or route of travel within the immediate mining area or within spoil or coal mine waste disposal areas;

(92) "runoff event" means the quantity of water expected as a result of all physical and meteorological conditions, expressed in terms of recurrence interval;

(93) "safety factor" means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices;

(94) "secretary" means the Secretary of the United States Department of the Interior or the Secretary's representative;

(95) "sedimentation pond" means a primary sediment control structure including but not limited to a barrier, dam, or excavated depression which slows down water runoff to allow sediment to settle out; "sedimentation pond" does not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment to the extent that these secondary sedimentation structures drain to a sedimentation pond;

(96) "shallow ground water" means that body of ground water, excluding the capillary fringe, that is not confined by an overlying impermeable zone;

(97) "slope" means average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance;

(98) "soil amendments" means any material that when added to the soil increases its ability to support plant growth by correcting deficiencies of either a physical or chemical origin;

(99) "soil horizons" means contrasting layers of soil parallel or nearly parallel to the land surface differentiated on the basis of field characteristics and laboratory data; the three major soil horizons are

(A) A horizon, or the uppermost mineral layer, often called the surface soil or topsoil which is the part of the soil in which organic matter is most abundant and leaching of soluble or suspended particles is typically the greatest;

(B) B horizon, or the layer that typically is immediately beneath the A horizon and often called the subsoil and which commonly contains more clay, iron, or aluminum than the A or C horizons; and

(C) C horizon, or the deepest layer of soil profile which consists of loose material or weathered rock that is relatively unaffected by biologic activity;

(100) "soil survey" means a field or other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets soils for use meeting the standards of the National Cooperative Soil Survey;

(101) "spoil" means overburden that has been removed during surface coal mining operations;

(102) "stabilize" means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating;

(103) "steep slope" means any slope of more than 20 degrees or any lesser slope designated by the commissioner after consideration of soil, climate, and other characteristics of a region;

(104) "subirrigation" means, with respect to alluvial valley floors, the supplying of water to plants from underneath or from a semi-saturated or saturated subsurface zone where water is available for use by vegetation; "subirrigation" may be identified by:

(A) diurnal fluctuation of the water table due to the differences in nighttime and daytime evapotranspiration rates;

(B) increasing soil moisture from a portion of the root zone down to the saturated zone due to capillary action;

(D) existence of an important part of the root zone within the capillary fringe or water table of an alluvial aquifer; or

(E) an increase in streamflow or a rise in ground water levels shortly after the first killing frost on the valley floor;

(105) "substantial disturbance" means an impact on land, air or water resources by activities such as

(A) blasting;

(B) mechanical excavation, excluding the use of light, portable field equipment;

(D) construction of roads, structures, trails, aircraft landing and marine docking areas;

(106) "surety bond" means an indemnity agreement in a sum certain payable to the state, executed by the permittee as principal, and supported by the performance guarantee of a corporation licensed to do business as a surety in Alaska;

(107) "surface mining activities" means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location;

(108) "surface operations and impacts incident to an underground coal mine" means all activities involved in or related to underground coal mining which are either conducted on the surface of the land, produce changes in the land surface or disturb the surface, air or water resources of the area, including all activities listed in AS 27.21.220 and surface coal mining operations;

(109) "suspended solids or non-filterable residue", expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses at 40 CFR 136;

(110) "temporary" as used for diversions or impoundments means a diversion of a stream or overland flow or an impoundment which is used during coal exploration or surface coal mining and reclamation operations and not approved as part of the approved postmining land use;

(111) "ton" means 2000 pounds avoirdupois (.90718 metric ton);

(112) "topsoil" means the A soil horizon layer of the three major soil horizons;

(113) "toxic-forming materials" means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water;

(114) "toxic mine drainage" means water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it;

(115) "unconsolidated streamlaid deposits holding streams" means, with respect to alluvial valley floors, all flood plains and terraces located in the lower portions of topographic valleys which contain perennial or other streams with channels that are greater than 3 feet in bankfull width and greater than 0.5 feet in bankfull depth;

(116) "underground development waste" means waste rock or related materials, including coal, that are excavated, moved, and disposed of from underground workings in connection with underground mining activities;

(117) "underground mining activities" means a combination of

(A) surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed; and

(B) underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting;

(118) "undeveloped rangeland" means, for purposes of alluvial valley floors, land where the use is not specifically controlled and managed;

(119) "upland areas" means, with respect to alluvial valley floors, those geomorphic features located outside the flood plain and terrace complex, such as isolated higher terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces covered with residuum, mud flows or debris flows, as well as highland areas underlain by bedrock and covered by residual weathered material or debris deposited by sheetwash, rillwash, or windblown material;

(120) "valley fill" means a fill structure consisting of any material other than organic material that is placed in a valley where side slopes of the existing valley measured at the steepest point are greater than 20 degrees or the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees;

(121) "water pollution" means degradation of water quality below that required by applicable state and federal water quality laws and regulations and this chapter;

(122) "water table" means the upper surface of a zone of saturation, excluding the capillary fringe, where the body of ground water is not confined by an overlying impermeable zone;

(124) "surface coal mining operations" under AS 27.21.998(17)(A) include leaching and other chemical and physical processing of coal whether or not performed on-site;

(125) "community or institutional building" means a structure, other than a public building or an occupied dwelling, that

(A) is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;

(B) functions as an educational, cultural, historic, religious, scientific, correctional, mental health care, or physical health care facility; or

(C) is used for public services; in this subparagraph, "public services" includes water supply, power generation, and sewage treatment;

(126) "cumulative impact area" means the area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface water and ground water systems; in this paragraph; "anticipated mining" includes the entire projected lives through bond releases of

(A) the proposed operation;

(B) all existing operations;

(D) all operations required to meet diligent development requirements for leased federal coal, and for which actual mine development information is available; in this subparagraph, "leased federal coal" has the meaning given in 30 C.F.R. 740.5(a);

(127) "impounding structure" means a dam, embankment, or other structure used to impound water, slurry, or other liquid or semi-liquid material;

(128) "other minerals" has the meaning given in AS 27.21.998;

(129) "other treatment facility" means any chemical treatment, such as flocculation or neutralization, or mechanical structure, such as a clarifier or precipitator, that has a point source discharge and is utilized

(A) to prevent additional contributions of dissolved or suspended solids to streamflow or runoff outside the permit area; or

(B) to comply with all applicable federal water quality laws and regulations and with all applicable provisions of AS 46.03 and regulations in effect under that chapter;

(130) "precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, hail, or water emanating from snow cover as snowmelt in a set or specified period of time;

(131) "previously mined area" means land

(A) affected by surface coal mining operations that were conducted before August 3, 1977; and

(B) that has not been reclaimed to the standards of this chapter;

(132) "refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material;

(133) "registered professional engineer" means an individual with a valid certificate of registration issued under AS 08.48 and 12 AAC 36 as a professional engineer;

(134) "registered professional land surveyor" means an individual with a valid certificate of registration issued under AS 08.48 and 12 AAC 36 as a professional land surveyor;

(135) "siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.

(136) "applicant violator system" means the automated information system of applicant, permittee, operator, violation, and related data that OSMRE maintains to assist in implementing 30 U.S.C. 1201 - 1328 (P.L. 95-87, Surface Mining Control and Reclamation Act of 1977);

(137) "control" means the ability to determine how a surface coal mining operation is conducted;

(138) "controller" means a person who has the ability to determine how a surface coal mining operation is conducted, including a permittee or an operator of a surface coal mining operation;

(139) "department" means the Department of Natural Resources;

(140) "MSHA" means the United States Department of Labor, Mine Safety and Health Administration;

(141) "own" means to have possession of more than 50 percent of a business entity's voting securities, stock certificate, or other instrument defining the relationship of a person to a business entity;

(142) "owner" means a person who owns a business entity;

(143) "ownership" means the state of owning a business entity;

(145) "transfer, assignment, or sale of permit rights" means a method of legally changing the permittee of a surface coal mining operation;

(146) "valid existing right" means a set of circumstances under which a person may, subject to regulatory authority approval, conduct a surface coal mining operation on land where AS 27.21.260 or 11 AAC 90.121 would otherwise prohibit such an operation.

History

Authority: AS 27.21.030; AS 27.21.220 AS 27.21.210; AS 27.21.270
Eff. 5/2/83, Register 84; am 12/18/83, Register 88; am 11/18/94, Register 132; am 7/29/98, Register 147; am 4/24/2009, Register 190; am 7/7/2022, Register 243

11 AAC 90.913 Permit eligibility violations

When used in the context of the permit application information or permit eligibility requirements of AS 27.21.110, AS 27.21.180, and related regulations, a violation is

(1) a failure to comply with an applicable provision of a federal or state law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or

(2) an act of noncompliance for which the commissioner has provided one or more of the following types of notice:

(A) a notice of violation under 11 AAC 90.615;

(B) a cessation order under 11 AAC 90.613;

(C) a final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under 11 AAC 90.625 or 11 AAC 90.635;

(D) a bill or demand letter pertaining to delinquent reclamation fees owed under 30 C.F.R Part 870;

(E) a notice of bond forfeiture under 11 AAC 90.213 if

(i) one or more violations upon which the forfeiture was based have not been abated or corrected; or

(ii) the amount forfeited and collected is insufficient for full reclamation under 11 AAC 90.201, the regulatory authority orders reimbursement for additional reclamation costs, and the person has not complied with the reimbursement order.

History

Authority: AS 27.21.030; AS 27.21.220 AS 27.21.210; AS 27.21.270
Eff. 7/7/2022, Register 243

Chapter 91 Zoning

Article 1 General Provisions

11 AAC 91.010 Administration

The division of lands will administer this chapter. No error or omission on the part of the division will legalize, authorize, or excuse the violation of any of the provisions of this chapter.

History

Authority: AS 38.05.020; AS 38.05.037
Eff. 5/4/78, Register 66

11 AAC 91.020 Procedure for adoption of zoning

Any zoning adopted under this chapter will be adopted in accordance with the Administrative Procedure Act (AS 44.62).

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.030 Legislative disapproval

If a zone adopted under this chapter is disapproved by a specific action of the legislature, the land within that zoned area will be considered zoned general.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.040 Official maps

The official zoning maps showing districts in which zoning restrictions apply will be the status plats of the division of lands upon the effective date of adoption of the zoning regulations and as may be subsequently amended by future additions or revisions.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.050 Enforcement

(a) The director may make inspections and take action as required to enforce the provisions of this chapter.

(b) Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises any condition which makes the building or premises in violation of any provision of this chapter, the director or his authorized representative may enter the building or premises at all reasonable times to inspect it. However, no inspection for which a warrant would be required under the Constitution of the State of Alaska or of the United States may be conducted under this section unless the director first obtains an administrative inspection warrant authorizing that inspection. The director shall apply to the trial courts of the State of Alaska for inspection warrants.

(c) Any violation of zoning requirements and restrictions that are adopted under this chapter will be cause for administrative remedies, including cancellation of affected state leases, contracts, permits, or other authorizations, and for civil relief, in the form of suit for abatement of the violation and for waste, injury, or trespass to state land or interests in it.

(d) Any person aggrieved by a violation or apparent violation of this chapter may file a written complaint with the director, who shall, within 60 days, make a preliminary investigation of the complaint and render a written response to the complainant and to the alleged offender, describing the actions, if any, that the state intends to take.

(e) Any person aggrieved by a violation or apparent violation of this chapter may institute or cause to be instituted any appropriate civil action to prevent, enjoin, abate, remove or punish the violation or to obtain monetary damages suffered by that person.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.060 Appeals

An appeal from a decision of the director regarding the designation of zoning districts and the conditions and uses in them, the issuance of variances, the permitting of conditional and nonconforming uses, or other matters covered by this chapter, if taken, may be made by an aggrieved person to a board of adjustment composed of the commissioners of natural resources, commerce, community, and economic development, and environmental conservation, or their designated representatives. The appeal must be in writing and filed with the director within 30 days after issuance of the decision appealed. The board of adjustment shall meet within 60 days after the receipt of appeal and shall render a decision by majority vote no later than 15 days following the hearing. The decision of the board of adjustment will be the final administrative decision.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.070 Nonconforming uses

A nonconforming use or structure that exists at the date zoning or a change in zoning becomes applicable to a specific tract of land may continue so long as there is no modification of the nonconforming use or structure in excess of 15 percent of its value at the date modification is made, and so long as the nonconforming use continues uninterrupted. Any modification of a nonconforming use or structure in excess of 15 percent of its value, or any cessation of the nonconforming use, will terminate the privilege of continuing the nonconforming use or use of the nonconforming structure. However, nothing in this section prevents any modification of a nonconforming use or structure that would serve to reduce its nonconformity.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.080 Zoning changes

(a) The owner of any property covered by zoning under this chapter may petition for a change in zoning of his property or of adjacent vacant state land. Within 90 days after receipt of the petition, the director shall schedule a hearing under the Administrative Procedure Act in the recording district of the proposed zoning change. Before notice and hearing, the director may modify the boundaries of the area considered for rezoning. Owners of record of property within one-quarter mile of the boundaries of the land to be rezoned, or the nearest 50 owners of record, whichever number is larger, shall be notified by mail of the proposed change and the hearing. The petitioner shall bear the cost of publishing the hearing notice and notifying owners of record.

(b) A petition for an amendment of a zoning district must contain the following information:

(1) the name and address of the petitioner;

(2) a description of land area petitioned to be rezoned, together with a sketch to scale showing the boundaries of the area petitioned to be rezoned, and an indication of the existing zoning on all adjacent sides of the petition area;

(3) a statement of justification for the rezoning that includes one or more of the following factors:

(A) changed area conditions;

(B) error in original zoning;

(D) peculiar suitability of the site for the specific use proposed;

(4) a description and sketches of buildings or uses proposed if rezoning is granted, together with a description of adjacent land uses;

(5) a statement of the expected effect that the petitioned rezoning would have on adjacent uses.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.090 Variances

(a) A petition for a variance may be made to the director. The petition must be supported by documents, maps, plans, and other material providing the following information:

(1) name and address of the owner and petitioner and, if the petitioner is not the owner, a statement that he has the permission of the owner to petition and act as agent for the owner;

(2) legal description of the subject land;

(3) a description of the precise nature of the proposed use or structure for which the variance is requested, and measures proposed to make it compatible with other properties in the vicinity;

(4) a site plan showing proposed development of the site, including topography, building or structure locations, parking and access points, usable open space, landscaped area, utilities and drainage features;

(5) any additional materials the director may prescribe.

(b) Before acting on a variance petition, the director shall consider the following factors with respect to the requested variance:

(1) the relationship of the variance to other existing or potential land uses or structures in the vicinity;

(2) the degree to which relief from the strict or literal interpretation and enforcement of a specific section of this chapter is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this chapter without grant of special privilege;

(3) any other factors and criteria the director considers applicable to the variance.

(c) The director shall render a decision after complying with sec. 110 of this chapter and shall make the following findings before the granting of a variance can take place:

(1) that granting the variance will not constitute a grant of special privilege inconsistent with the limitations on other property classified in the same district;

(2) that the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to property or improvements in the vicinity;

(3) that the variance is warranted for one or more of the following reasons:

(A) that strict interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter;

(B) that the strict interpretation and enforcement of the specified regulation would deprive the applicant of a privilege enjoyed by the owners of other property in the same district;

(4) that special conditions or circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other land, buildings or structures in the same district;

(5) that the special conditions and circumstances do not result from the actions of the applicant and that those conditions and circumstances do not merely constitute pecuniary hardship or inconvenience;

(6) that the granting of the variance will be in harmony with the objectives of this chapter.

(d) A variance may not be granted that would permit a use that would not otherwise be permitted under that zoning classification.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.100 Conditional use permits

(a) Subject to sec. 110 of this chapter, a conditional use permit may be approved by the director. The conditions under which the use is permitted will be specified and will be those conditions that will enable an otherwise nonconforming use to be compatible with the existing zoning of the area.

(b) A petition for a conditional use permit must be submitted to the director in writing, together with the following information:

(1) the name and address of the owner and petitioner and, if the petitioner is not the owner, a statement that he has the permission of the owner to petition and act as agent for the owner;

(2) a legal description of the subject land;

(3) a site plan showing proposed development of the site, including topography, building or structure locations, usable open space, utilities, landscaped area, and drainage features;

(4) a description of the precise nature of the proposed use, and measures proposed to make the use compatible with other properties in the vicinity;

(5) additional materials the director may prescribe.

(c) In acting on a conditional use permit petition, the director shall consider the following factors with respect to the proposed use:

(1) relationship and impact of the proposed use on the land in the vicinity;

(2) effect upon traffic, access, removal of snow from roads, utilities and other facilities;

(3) effect upon the character of the area in which the proposed use is to be located, including scale and bulk of the proposed use in relation to surrounding uses; and

(4) other factors and criteria the director considers necessary.

(d) The director shall render a decision after complying with sec. 110 of this chapter and shall make the following findings:

(1) that the proposed location of the use is in accordance with the purposes of this chapter and the purposes of the district in which the site is located;

(2) that the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity;

(3) that the proposed use will comply with each of the applicable provisions of this chapter and any other applicable state and federal laws and regulations.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.110 Public notice

Notice of intent to grant a variance or a conditional use permit must be sent to all property owners of record within one-quarter mile of the parcel for which the variance or conditional use permit is requested, or to the owners of the record of the nearest 50 parcels, whichever number is greater. If 10 percent of the owners object, the director shall hold a hearing to consider granting the variance or conditional use permit before he makes his decision.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

Article 2 Zoning District Regulations

11 AAC 91.120 General zoning district

Permissible uses in the general zoning district are all those not otherwise prohibited by law or regulation.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.130 Homesite entry district

(a) The conditions applicable to homesite entry zoning are

(1) lot sizes may not exceed five acres and may not be less than 40,000 square feet;

(2) no more than one single-family residence per lot will be permitted;

(3) the setbacks from the property lines must be at least 25 feet on the front and rear lines and at least 15 feet on the side lot lines, but not less than 100 feet from any waterway or body of water.

(b) Incidental uses that are conducted from the home are permitted, including child care, home crafts, sale of home-produced items, and other similar home business activities that employ only residents of the home.

(d) No further subdivision of lots is permitted without approval of the director, after compliance with sec. 110 of this chapter.

(e) The homesite entry district is intended as a single-family residential area with a low population density, under AS 38.08.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.140 Open-to-entry district

(a) The following uses are prohibited in open-to-entry districts:

(1) any industrial use;

(2) removal of rock, sand and gravel;

(3) mobile home parks of more than two mobile homes;

(4) multiple-family dwellings, except for duplexes.

(b) Commercial activities may be authorized as a conditional use in accordance with sec. 100 of this chapter.

(c) Incidental uses that are conducted from the home are permitted, including child care, home crafts, sale of home-produced items, and other similar home business activities that employ only persons living on the premises.

(d) No further subdivision of lots is permitted without approval of the director, after compliance with sec. 110 of this chapter.

(e) The open-to-entry district is intended for present or future rural residential purposes. It is designed to permit most types of residential development while at the same time retaining a low population density and maintaining a rural character.

History

Authority: AS 38.05.020; AS 38.05.037; AS 38.05.077
Eff. 5/4/78, Register 66

Article 3 Designation of Districts

11 AAC 91.200 General zoning district

All state land other than that specified in secs. 201 - 299 of this chapter is in the general zoning district.

History

Authority: AS 38.05.020; AS 38.05.037
Eff. 5/4/78, Register 66

11 AAC 91.210 Homesite entry districts

The following areas are zoned homesite entry:

(1) Delta Homesites

(A) a parcel of land known as "Delta Homesites ASLS 77-162," located within Section 31, T10S, R12E, F.M., Alaska;

(B) a parcel of land known as "Delta Homesites ASLS 77-163," located within Section 36, T10S, R11E, F.M., Alaska.

(2) Tok Homesites. A parcel of land known as "Tok Homesites ASLA 77-164," located within Section 13, T18N, R12E, C.R.M., Alaska.

(3) Rex Homesites

(A) a parcel of land known as "Rex Homesites ASLS 77-165," located within Section 12, T8S, R9W, F.M., Alaska;

(B) a parcel of land known as "Rex Homesites ASLS 77-166," located within Section 24, T8S, R9W, F.M., Alaska.

(4) Central Homesites. A parcel of land known as "Central Homesites ASLS 77-161," located within USS 4388 and protracted Sections 27 and 28, T8N, R15E, F.M., Alaska.

History

Authority: AS 38.05.020; AS 38.08.080 AS 38.05.037; AS 38.08.110
Eff. 5/4/78, Register 66

11 AAC 91.220 Open-to-entry districts

The following areas are zoned open-to-entry: a parcel of land described as Lots 1, 2, 3, and 4, the E1/2W1/2, and the E1/2E1/2, located within Section 18, T4N, R1W, C.R.M., Alaska.

History

Authority: AS 38.05.020; AS 38.05.037; AS 38.05.077
Eff. 10/7/78, Register 68

Article 4 Definitions

11 AAC 91.900 Definitions

In this chapter, "director" means the director of the division of lands or his designee.

History

Authority: AS 38.05.020
Eff. 5/4/78, Register 66

Chapter 93 Water Management

Article 1 Existing Rights

11 AAC 93.010 "Existing rights" defined

Existing rights (also called "grandfather rights") are those water use rights established on or before July 1, 1966, by one of the following means:

(1) a lawful common law or customary appropriation or use of water, such as, but not limited by example, the use of water by the holder of a mining claim including within the claim boundaries both banks of the stream from which the water was taken, or the use of water following the posting of a notice of appropriation at the point of diversion, construction of a means of diversion, and recording of a notice of appropriation;

(2) beneficial use of water at any time during the period from July 1, 1961 - July 1, 1966; or

(3) construction of a means for appropriating water for a beneficial use if construction was in progress on July 1, 1966.

History

Authority: AS 46.15.020; AS 46.15.060
Eff. 2/8/67, Register 23; am 12/29/79, Register 72

11 AAC 93.020 Filing period

A claim to an existing right is extinguished unless the claim was filed by

(1) March 27, 1967, for the Kodiak Recording District;

(2) May 31, 1967, for the Seldovia, Homer, Kenai, and Seward Recording Districts;

(3) July 31, 1967, for the Anchorage, Palmer, and Whittier Recording Districts;

(4) October 31, 1967, for all Southeast Alaska Recording Districts; and

(5) April 30, 1968, for the Cordova, Nome, and Fairbanks Recording Districts and for the remainder of the state.

History

Authority: AS 46.15.020; AS 46.15.135(b)
Eff. 12/29/79, Register 72

11 AAC 93.030 Hearings on a determination of existing rights

(a) Any person who is adversely affected by a determination of existing rights made by the commissioner may, within 20 calendar days after the date of mailing of the summary of determination provided for by AS 46.15.135(c), make a written request for a hearing. The request must set forth

(1) the name and address of the person making the request;

(2) the person's right or interest in water from the watershed or source affected by the determination and the date on which the right or interest was acquired;

(3) the manner and extent of damage to the person's right or interest that may result from the determination; and

(4) the specific error believed to exist in the commissioner's determination.

(b) If a timely request is filed, the commissioner will set the determination for public hearing. Notice of the hearing will be given by publication and by mailing a copy of the notice to interested persons, including all persons who have filed a declaration with respect to the specified area or source. The commissioner will render a final determination after the conclusion of the hearing.

History

Authority: AS 46.15.020; AS 46.15.135(c)
Eff. 2/8/67, Register 23; am 12/29/79, Register 72

Article 2 Appropriation and Use of Water

11 AAC 93.035 Requirement to apply for the use of a significant amount of water

(a) A significant amount of water is that amount of water for which an application for a water right or an application for a temporary water use authorization is required, as described in (b) of this section.

(b) A person shall file an application for a water right under 11 AAC 93.040 or for a temporary water use authorization under 11 AAC 93.220 before

(1) the consumptive use of more than 5,000 gallons of water from a single source in a single day;

(2) the regular daily or recurring consumptive use of more than 500 gpd from a single source for more than 10 days per calendar year;

(3) the non-consumptive use of more than 30,000 gpd (0.05 cubic feet per second) from a single source; or

(4) any water use that may adversely affect the water rights of other appropriators or the public interest.

(c) A person using less than the amount of water described in (b) of this section acquires no water right or priority unless an application is filed and a permit or certificate is issued under 11 AAC 93.035 - 11 AAC 93.140. The use of water without a permit or certificate is subject to appropriation by others, and the use of water without a water right is subject to curtailment in order to supply water to lawful appropriators of record or to protect the public interest.

History

Authority: AS 46.15.010; AS 46.15.020; AS 46.15.080
Eff. 8/20/2004, Register 171

11 AAC 93.040 Application for a water right

(a) A person may not lawfully appropriate a significant amount of water of the state without first obtaining a permit to appropriate, a certificate of appropriation, or a temporary water use authorization under this chapter.

(b) An application for a water right must be made on a form provided by the department. The form must be completed in accordance with the instructions furnished to the applicant.

(1) the applicable application fee prescribed in 11 AAC 05.260;

(2) evidence that the applicant has a present possessory interest in the property where the water is to be beneficially used, as shown by a copy of the deed, patent, license, leasehold agreement, mining location certificate, or other instrument, or a copy of a completed application that has been filed with the appropriate agency to acquire permission for the use of federal, state, or municipal property;

(3) a map identifying

(A) the section, township, range, and meridian, and showing the property boundary, for the point of water withdrawal, impoundment, or diversion;

(B) the route of water transmission;

(D) if water is to be returned to a stream or water body, the point of return flow;

(4) evidence that the applicant has obtained or is in the process of obtaining a right of access to the property where water is to be withdrawn, impounded, or diverted, and over which water is to be transported both to the point of use and to the point of return flow;

(5) repealed 8/20/2004;

(6) a legal description of the point of withdrawal, diversion, or impoundment; the point of water use; and, if water is to be returned to a stream or water body, the point of return flow; the legal description must include meridian, township, range, section, and aliquot parts, or the lot, block, and subdivision, or survey number, as appropriate;

(7) a description of the source as being either surface or ground water; the description must identify the name of the surface water source or the supply well log or well data for ground water, if available;

(8) a description of any impoundment, diversion, or withdrawal structures, including dimensions, construction materials, plans and specifications, and operation plans, and an application to construct or modify a dam, as defined in AS 46.17.900, if 11 AAC 93.171 requires an application;

(9) a description of the nature of the water use and times of the year during which water is to be used;

(10) a statement of the dates water use is expected to begin and when the maximum amount will be beneficially used;

(11) a statement of beneficial use, signed before a notary or postmaster, if water is already in use at the time of application;

(12) an application for a right-of-way, filed in accordance with AS 38.05.850, if access to or across state land is needed;

(13) a statement of the quantity of water requested, with documentation and calculations justifying the request if either the use or quantity is different from those listed in (d) of this section; and

(14) for a water use of more than 100,000 gpd (0.15 cfs) from a stream, a description of the mean annual flow, or mean monthly flow if available, using the best available data, or, if data are not available, an estimate of mean annual flow using hydrologic methods that the department determines to be reasonably accurate.

(15) Repealed 12/27/2012.

(d) Standard water use quantities are

(1) single-family home, fully plumbed: 500 gpd;

(2) single-family home, partially plumbed: 250 gpd;

(3) single-family home, unplumbed: 75 gpd;

(4) duplex or triplex: 1,000 gpd;

(5) four-plex and larger housing: 250 gpd per unit;

(6) mobile home park: 250 gpd per trailer;

(7) motel or resort: 150 gpd per room;

(8) cattle, other than dairy cows: 12 gpd per animal;

(9) dairy cows: 35 gpd per animal;

(10) horses: 15 gpd per animal;

(11) sheep: 2 gpd per animal;

(12) goats: 3 gpd per animal;

(13) hogs: 4 gpd per animal;

(14) poultry or rabbits: 0.5 gpd per animal;

(15) dog (kennels): 1.0 gpd per animal; and

(16) commercial irrigation: 0.5 acre feet per year per acre.

History

Authority: AS 46.15.020; AS 46.15.040
Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 1/1/86, Register 96; am 11/7/90, Register 116; am 8/20/2004, Register 171; am 12/27/2012, Register 204; am 7/1/2018, Register 227

11 AAC 93.050 Incomplete applications

(a) An application that does not substantially comply with the requirements of 11 AAC 93.040 will not be accepted for filing.

(b) The commissioner will, in his or her discretion, require an applicant whose application complies with the requirements of 11 AAC 93.040, and has been accepted for filing, to provide additional information if, during the adjudication process, it is determined that the application fails to clearly present and document all aspects of the proposed project. The commissioner will identify deficiencies in the application and the applicant will be given 30 days in which to submit supplemental information, unless a longer period of time is allowed by the commissioner. The applicant's failure to submit that supplemental information within the required time is grounds for rejecting the application without further notice; a request from the commissioner for additional information will contain a warning to that effect.

History

Authority: AS 46.15.020; AS 46.15.040
Eff. 12/29/79, Register 72; am 11/7/90, Register 116

11 AAC 93.060 Water rights on state-leased land

When a lessee of state land applies for a water right, water required for the use and enjoyment of the leasehold may be appropriated for the lessee's use. The lessee shall comply with the provisions of 11 AAC 93.040 - 11 AAC 93.140 in securing the appropriation. If the commissioner approves the appropriation, the appropriation will be granted to the lessee and will be for the benefit of the leased land. Upon an assignment of the lease, the water right remains for the benefit of the leased land. Upon termination of the lease or upon the expiration of the permit issued under 11 AAC 93.120, the water right is considered intentionally abandoned, unless the lessee exercises a preference right to purchase the land, or unless the commissioner grants an extension of the water right beyond the lease term for good cause shown or assigns the water right to a state agency. The water right thus granted must be consistent with the provisions of the lease itself, this chapter, and AS 46.15.

History

Authority: AS 46.15.020; AS 46.15.040
Eff. 12/29/79, Register 72; am 11/7/90, Register 116

11 AAC 93.065 Water rights on private-leased land

If a lessee of privately owned land applies for a water right, water required for the use and enjoyment of the leasehold may be appropriated for the lessee's use. The lessee shall comply with the provisions of 11 AAC 93.040 - 11 AAC 93.140 in securing the appropriation. The commissioner will give notice by certified mail to the lessor that a water right has been applied for on the lessor's land. The appropriation, if granted, will be issued to the lessee and will be for the benefit of the leased land. Upon termination of the lease and nonuse of water by the lessor or subsequent lessee for five years, or upon the expiration of the permit issued under 11 AAC 93.120, the water right is considered intentionally abandoned. The water right thus granted must be consistent with the provisions of the lease itself, this chapter, and AS 46.15.

History

Authority: AS 46.15.020; AS 46.15.040
Eff. 11/7/90, Register 116

11 AAC 93.070 Departmental investigations

(a) Upon receipt of or while adjudicating an application for water use, the department may investigate or inspect the proposed diversion, withdrawal, or impoundment structures, the source of the water, meter records, gage data, well logs, and other competing uses for water within the area, to determine whether there is a possibility that existing water rights of other persons or the public interest will be adversely affected or impaired by the proposed appropriation. Failure of the applicant to cooperate in the investigation will result in rejection of the application.

(b) The commissioner will, in his or her discretion, require the applicant to

(1) submit water well information, including well depth, pump setting, and current static water level;

(2) drill test wells and observation wells;

(3) conduct pump and aquifer tests;

(4) provide test results or other hydrologic data and information necessary to better determine the effects of proposed appropriation on prior appropriators and the public interest;

(5) provide any other information necessary to make a finding under AS 46.15.080.

History

Authority: AS 46.15.020; AS 46.15.080; AS 46.15.256
Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171

11 AAC 93.080 Public notice

When the department begins adjudicating a water right application, the department will provide notice of the application as follows:

(1) the department will publish notice under AS 46.15.133 in a newspaper of general circulation in the vicinity in which the water is to be appropriated;

(2) the department will post the notice on the Alaska Online Public Notice System as required under AS 44.62.175; in addition, if there is no newspaper of general circulation in the vicinity, the department will post the notice during the public comment period prescribed by AS 46.15.133 in a public place near the site of the proposed appropriation;

(3) the department will serve individual notice by certified mail on prior appropriators who may be taking water from the same source;

(4) repealed 8/20/2004;

(5) the department will provide written notice to any person known to the department to own land where the water is to be withdrawn or used, or over which the water is to be transported, or whose request to receive notice is on file with the department;

(6) the public comment period set by AS 46.15.133(c) begins the first day the newspaper publication appears, or the first day of posting, or upon receipt of the notice as evidenced by the certified mail receipt, date stamp, or other evidence of actual service;

(7) the department may extend the notice and public comment period.

History

Authority: AS 46.15.020; AS 46.15.133
Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171

11 AAC 93.090 Objections

(a) If no written objection is received from any person during the public comment period, the commissioner will proceed with adjudication of the application.

(b) All timely objections will be considered by the commissioner and each will receive a written response after the close of the public comment period.

(c) In adjudication of the application, the commissioner will, in his or her discretion, consider objections that are received by the commissioner after the close of the public comment period.

History

Authority: AS 46.15.020; AS 46.15.133
Eff. 12/29/79, Register 72; am 11/7/90, Register 116

11 AAC 93.100 Exemptions to notice

An application to appropriate 5,000 gallons of water per day (gpd) or less is exempt from the notice provisions of 11 AAC 93.080 and AS 46.15.133, except that the Department of Fish and Game will be notified of an application for a water right from an anadromous fish stream listed in the Alaska Department of Fish and Game Catalog of Water Important for Spawning, Rearing, or Migration of Anadromous Fishes or a stream identified as supporting fish in the ADF&G Habitat Regional Guides. However, in an area where the total amount of water available appears to the department to be limited with respect to the number of potential users of the same source, or upon the request of another state or federal agency or a municipality as defined by AS 29, or to protect the public interest, the commissioner will, in his or her discretion, require public notice as provided by 11 AAC 93.080.

History

Authority: AS 46.15.020; AS 46.15.133
Eff. 12/29/79, Register 72; am 11/7/90, Register 116

11 AAC 93.110 Hearings

(a) If objections are received during the public comment period, the commissioner will, in his or her discretion, hold a hearing on the objections.

(b) The commissioner will, in his or her discretion, hold a hearing to acquire additional information on an application if the commissioner determines that the water rights of prior appropriators or the public interest might be adversely affected or if the commissioner determines that additional information is required to rule on the application.

History

Authority: AS 46.15.020; AS 46.15.133
Eff. 12/29/79, Register 72; am 9/11/83, Register 87; am 11/7/90, Register 116

11 AAC 93.115 Closure of an application for a water right

The commissioner may close a pending water right application and the department's application file if

(1) the applicant informs the commissioner, in writing, or by filing a notice of relinquishment, that the applicant has abandoned plans to develop the water source or use, in which case the commissioner may close the application without further correspondence with the applicant;

(2) the applicant informs the commissioner orally that the applicant has abandoned plans to develop the water source or use, in which case the commissioner will notify the applicant in writing that the application is closed as a consequence of the oral notice;

(3) the commissioner is unable to locate the applicant by certified mail at the address on file in order to adjudicate the application, in which case the commissioner may close the application without further correspondence with the applicant;

(4) the applicant fails to provide information requested under 11 AAC 93.070 or fails to complete the newspaper notice of the proposed appropriation, in which case the commissioner will notify the applicant by certified mail that the application has been closed, noting the reason for and effective date of the closure.

History

Authority: AS 46.15.020; AS 46.15.133
Eff. 11/7/90, Register 116; am 7/7/2024, Register 251

11 AAC 93.120 Issuance of a permit to appropriate water

(a) The commissioner will issue a permit to appropriate water if he or she finds that the appropriation meets the requirements of AS 46.15.080.

(b) The permit will be issued for a period of time that the commissioner considers to be consistent with the public interest and adequate to finish construction and establish the full use of water. The following time periods are the maximum time periods for which a permit will be issued unless the applicant proves to the satisfaction of the commissioner, or unless the commissioner independently determines, that a longer time period is required to establish the full use of water:

(1) domestic water use: two years;

(2) commercial irrigation: five years;

(3) public water supply

(i) use of 250,000 gpd or less: five years;

(ii) use of over 250,000 gpd: 10 years;

(4) industrial and commercial water use: five years;

(5) mining water use: 10 years;

(6) small-scale hydroelectric facilities that generate 100 kilowatts or less: five years;

(7) large-scale hydroelectric facilities that generate over 100 kilowatts: 10 years.

(d) The permit will, in the commissioner's discretion, authorize development and beneficial water use during all or part of the year and vary the quantities of water use, depending on need and water availability during any given month or season of the year.

(e) The department may issue a permit subject to conditions considered necessary to protect the rights of prior appropriators of record and the public interest, including

(1) the condition that no certificate will be issued until evidence is presented to the department of the acquisition of adequate easements or other means necessary for completion of the appropriation, including the condition that the permittee obtain right of access to and use of the property where water is to be withdrawn, impounded, or diverted and over which water is to be transported;

(2) conditions that require the permittee to measure the water use in a manner to be approved by the department and periodically report water use information to the department

(A) for any use of more than 30,000 gpd of water, except that water use for placer mining purposes may be exempt from this condition;

(B) for any use of water for irrigation of more than 40 acres of land;

(D) for any other situation in which the department considers it necessary in order to protect the water rights of prior appropriators or the public interest;

(3) conditions to maintain, or restrictions from withdrawing, a specific quantity, rate of flow or volume of water at a given point on a stream or body of water, or in a specified reach of stream, throughout the year or for specified times of the year, to achieve any of the following purposes:

(A) protection of fish or wildlife habitat;

(B) recreational purposes;

(D) sanitation or water quality;

(E) protection of prior appropriators;

(F) any other purpose the department determines is in the public interest and should be taken into account under AS 46.15;

(4) conditions to ensure that the proposed means of impoundment, withdrawal, diversion, or construction are adequate, including the specification of engineering and design standards, requirements for maintaining, enlarging, modifying, abandoning, or removing impoundment structures, approved location of points of withdrawal or diversion, or approved location of points of return flow;

(5) a condition that if a land or mineral location, claim, or lease to which the water right is appurtenant ceases to be in good standing, is abandoned, is found invalid, or is otherwise terminated, then the water right will be considered intentionally abandoned.

(f) Upon the department's receipt of a permittee's completed request for a permit extension showing diligent effort toward completing the appropriation, the department may extend the permit once for a period of time equal to or less than the time allowed under the original permit if the department determines that the permittee has demonstrated a diligent effort toward completing the appropriation. The request for a permit extension must be accompanied by the applicable fee prescribed in 11 AAC 05.260.

(g) A permit extension granted under (f) of this section will, in the commissioner's discretion, be subject to additional conditions that the commissioner considers necessary to protect prior appropriators and the public interest.

(h) Nothing in this section constitutes a waiver of the responsibility of the applicant to secure the appropriate additional state, federal, or local regulatory permits or licenses.

(i) A permit holder who files for an extension of a permit to appropriate water or files a request for certification by submitting a statement of beneficial use, before the expiration of the permit to appropriate water, may continue to use water as authorized by the permit until the department grants or denies the extension of the permit or grants or denies the request for certification.

History

Authority: AS 46.15.010; AS 46.15.080; AS 46.15.140 AS 46.15.020; AS 46.15.100
Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171; am 7/1/2018, Register 227

11 AAC 93.125 Cancellation of permits

A permit will, in the commissioner's discretion, be cancelled, and the case file closed, if the permittee (1) does not develop and make use of the appropriation within the permit time period, or (2) as provided in AS 46.15.175, violates a term or condition of the permit.

History

Authority: AS 46.15.020; AS 46.15.110; AS 46.15.175
Eff. 11/7/90, Register 116

11 AAC 93.130 Issuance of a certificate of appropriation of water

(a) The commissioner will issue a certificate of appropriation to the permit holder for the quantity of water beneficially used, which might be equal to or less than that granted under the permit, if

(1) the permit holder submits a statement of beneficial use stating that the means necessary for the taking of water have been developed and the permit holder is beneficially using the quantity of water to be certificated; the fee required under 11 AAC 05.260 must accompany the statement of beneficial use; and

(2) the permit holder has substantially complied with all permit conditions.

(b) Before issuing a certificate of appropriation, the commissioner will, in his or her discretion, conduct field inspections or inspect books, records, meter records, gages, well logs, diversion, impoundment, withdrawal, or control structures, and other relevant information, to verify that the appropriation has been developed and water is being used in accordance with the terms and conditions of the permit.

(c) The commissioner will, in his or her discretion, issue a certificate subject to conditions considered necessary to protect the public interest. The conditions will, in the commissioner's discretion, include

(1) conditions to maintain a specific quantity of water at a given point on a stream or water body, or in a specified stretch of stream, throughout the year or for specified times of the year, to achieve any of the following purposes:

(A) protection of fish and wildlife habitat,

(B) protection of recreation,

(D) protection of sanitation and water quality,

(E) protection of prior appropriators, or

(F) any other purpose the commissioner determines is in the public interest;

(2) a condition that requires the certificate holder to meter water use and report water use information to the division;

(3) conditions to ensure that the means for impounding, withdrawing, or diverting water are adequate, which might include requirements for maintaining, enlarging, modifying, abandoning, or removing impoundment structures.

History

Authority: AS 46.15.010; AS 46.15.120 AS 46.15.020; AS 46.15.256
Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 2/15/2006, Register 177; am 7/1/2018, Register 227

11 AAC 93.140 Water wells

(a) For a drilled, driven, jetted, or augered well constructed, the water well contractor or a person who constructs the well shall file a report within 45 days after completion with both the property owner and the department. The report must contain the following information as applicable:

(1) the method of construction;

(2) the type of fluids used for drilling;

(3) the location of the well;

(4) an accurate log of the soil and rock formations encountered and the depths at which the formations occur;

(5) the depth of the casing;

(6) the height of the casing above ground;

(7) the depth and type of grouting;

(8) the depth of any screens;

(9) the casing diameter;

(10) the casing material;

(11) the depth of perforation or opening in the casing;

(12) the well development method;

(13) the total depth of the well;

(14) the depth of the static water level;

(15) the anticipated use of the well;

(16) the maximum well yield;

(17) the results of any well yield, aquifer, or drawdown test that was conducted;

(18) if the water well contractor or person who constructs the well installs a pump at the time of construction, the depth of the pump intake and the rated pump capacity at that depth.

(b) When the drill rig is removed from the well site, the well must be sealed with a sanitary seal and a readily accessible means provided to allow for monitoring of the static water level in the well.

(c) A hand-dug well that is permanently decommissioned shall be filled by the land owner to a point 12 inches above the existing ground level with well-compacted impermeable material.

(d) A well, other than a hand-dug well, that is permanently decommissioned by the owner of the well must comply with the requirements of 18 AAC 80.015(e).

(e) If the department believes that an encounter of oil, gas, or other hazardous substance is likely to result from well drilling, the department will notify the Alaska Oil and Gas Conservation Commission, and the provisions of AS 31.05.030(g) may apply.

(f) The department will notify the Department of Environmental Conservation of any permanently abandoned well that may contaminate water of the state under the provisions of 18 AAC 80.

(g) Information required by (a) of this section is required for any water well that has been deepened, modified, or abandoned, and for any water supply well or water well that is used for monitoring, observation, or aquifer testing, including a dry or low-yield water well that is not used.

History

Authority: AS 38.05.020; AS 38.05.035; AS 46.15.020
Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171

11 AAC 93.141 Application for a reservation of water

As provided in AS 46.15.145(a), the state, an agency or political subdivision of the state, an agency of the United States, or a person may apply for a reservation of water for

(1) "protection of fish and wildlife habitat, migration and propagation," which means the quantity or level of water necessary to maintain suitable habitat conditions for the various life stages of fish, other aquatic organisms, and wildlife, including waterfowl and mammals, and their habitat, including water quality, depth, velocity and temperature, substrate, or streamside vegetation;

(2) "recreation and park purposes," which means the quantity or level of water necessary to maintain suitable conditions for contact and secondary recreation, including wading, swimming, fishing, boating, or hunting, or for park purposes, including scenic, natural, historic, or cultural values;

(3) "navigation and transportation purposes," which means the quantity or level of water necessary to maintain sufficient width and depth to allow vehicles, including boats or float planes, or tracked or wheeled vehicles during the winter, to travel on or through a stream or water body; and

(4) "sanitary and water quality purposes," which means the quantity or level of water necessary to attain and maintain water quality standards under 18 AAC 70 or, if applicable, drinking water standards under 18 AAC 80, or to maintain the naturally occurring water quality conditions.

History

Authority: AS 46.15.020; AS 46.15.145
Eff. 9/11/83, Register 87; am 11/7/90, Register 116

11 AAC 93.142 Content of application

(a) An application for a reservation of water must be made to the department on a form provided by the department. The form must be completed in accordance with the instructions furnished by the department to the applicant.

(b) Each application must

(1) identify the purposes of the proposed reservation;

(2) identify the name of the stream or water body in which water is proposed to be reserved, and locate the proposed reservation on the most detailed United States Geological Survey map for the area, identified by section, township, range, meridian, and river mile index if available, showing either the point on a water body at which, or two points on a stream between which, the proposed reservation is being requested;

(3) explain what need exists for the proposed reservation, including reasons why the reservation is being requested;

(4) specify the time period required to fully quantify the proposed reservation, which may be no longer than three years after the date the application is accepted by the department for filing;

(5) specify the times of the year and purposes for which the reservation is proposed;

(6) identify and explain the methodology to be used to quantify the proposed reservation, including

(A) existing data to be used, if available;

(B) the method of any new data collection;

(D) a description of how the data will be analyzed;

(7) state the estimated quantity of water, stage, or elevation proposed to be reserved, measured in cubic feet per second for an instream flow rate or measured in cubic feet, acre feet, or an elevation relative to a permanent bench mark for a surface elevation, with documentation and calculations justifying the request;

(8) identify physical, biological, water chemistry, and socio-economic data substantiating the need for and the quantity of water requested for the proposed reservation;

(9) be accompanied by the application fee prescribed by 11 AAC 05.260.

(d) At the applicant's written request, submitted at least 30 days before the end of the time period specified under (b)(4) of this section, the commissioner will, in his or her discretion, grant an extension of the time period of up to two years for good cause shown.

(e) When the applicant completes the quantification of the proposed reservation of water, the applicant shall notify the commissioner in writing and shall submit any information that changes, adds, or deletes information presented in the original application.

History

Authority: AS 46.15.020; AS 46.15.080 AS 46.15.040; AS 46.15.145
Eff. 9/11/83, Register 87; am 1/1/86, Register 96; am 11/7/90, Register 116; am 7/1/2018, Register 227

11 AAC 93.143 Incomplete applications

(a) An application that does not substantially comply with the requirements of 11 AAC 93.142 will not be accepted by the department for filing.

(b) The commissioner will, in his or her discretion, require an applicant whose application complies with the requirements of 11 AAC 93.142 and has been accepted for filing to provide additional information if, during the adjudication process under 11 AAC 93.145, the commissioner determines that the application fails to clearly present and document all aspects of the proposed reservation. The commissioner will identify the areas of deficiency, and the applicant will be given 60 days in which to submit supplemental information, unless a longer period of time is agreed upon by the applicant and the commissioner. An applicant's failure to submit the additional information within the time required is grounds for rejecting the application without further notice; a request for additional information will contain a warning to that effect.

History

Authority: AS 46.15.020; AS 46.15.040; AS 46.15.145
Eff. 9/11/83, Register 87; am 11/7/90, Register 116

11 AAC 93.144 Departmental investigations

(a) Upon receipt of an application for a reservation of water, the commissioner will, in his or her discretion, investigate any aspect of the application, including the source of the water and other uses or demands for water within the area, to determine whether there is a possibility that the rights of prior appropriators or the public interest will be adversely affected by the proposed reservation.

(b) Failure of the applicant to cooperate in the investigation will result in the rejection of the application.

History

Authority: AS 46.15.020; AS 46.15.145; AS 46.15.256
Eff. 9/11/83, Register 87; am 11/7/90, Register 116

11 AAC 93.145 Adjudication of applications

(a) Notice of an application for a reservation of water will be provided in accordance with AS 46.15.133 and 11 AAC 93.080. In addition, the commissioner will provide notice to the Alaska Departments of Fish and Game and Environmental Conservation, to any federal or state agency responsible for managing land in the vicinity, and to any local government in whose jurisdiction the proposed reservation of water would occur, as well as to any other interested party who has filed a request with the department to receive notice.

(b) Timely objections received following notice of an application for a reservation of water will be considered in accordance with 11 AAC 93.090.

(c) Hearings regarding an application for a reservation of water will be held in accordance with AS 46.15.133 and 11 AAC 93.110.

(d) The commissioner's decision to grant, conditionally grant, or deny an application for a reservation of water will be summarized by written findings of fact and conclusions of law, including justification of any special conditions to which the reservation is subject. In determining whether the proposed appropriation is in the public interest, the commissioner will consider the criteria set out in AS 46.15.080(b).

History

Authority: AS 46.15.020; AS 46.15.133 AS 46.15.080; AS 46.15.145
Eff. 9/11/83, Register 87; am 11/7/90, Register 116

11 AAC 93.146 Issuance of a certificate of reservation of water

(a) The commissioner will issue a certificate of reservation of water if the commissioner finds that the reservation meets the requirements of AS 46.15.145.

(b) The certificate of reservation will be issued to the applicant. The applicant is responsible for compliance with the conditions of the certificate of reservation.

(1) the certificate of reservation may not be voluntarily abandoned, conveyed, transferred, assigned, or converted to another use, in whole or in part, unless required as a result of review under 11 AAC 93.147; and

(2) the certificate of reservation does not authorize the certificate holder or any other person to prevent access to, on, or through the water reserved by the certificate, or to prohibit the use of the reserved water for other compatible purposes set out in AS 46.15.145(a).

(d) The certificate of reservation will state any additional terms or conditions the commissioner considers necessary to protect the prior valid rights of other appropriators and the public interest. The conditions will, in the commissioner's discretion, include the following:

(1) measuring devices of a type and at a location approved by the commissioner must be installed and maintained to monitor and report on the reserved instream flow or level of water; and

(2) the reservation will be reviewed by the commissioner within a specified period of time, if sooner than the 10-year review under 11 AAC 93.147.

(e) The priority of a reservation of water is the date the application was accepted by the department for filing.

(f) Nothing in this section constitutes a waiver of the responsibility of the applicant to secure any appropriate state, federal, or local regulatory permits or licenses with regard to the stream or water body affected.

History

Authority: AS 46.15.010; AS 46.15.080; AS 46.15.145 AS 46.15.020; AS 46.15.120
Eff. 9/11/83, Register 87; am 11/7/90, Register 116

11 AAC 93.147 Review of reservation of water

(a) The commissioner will review a reservation of water at least once each 10 years after the date of issuance of the certificate of reservation. The commissioner will, in his or her discretion, review a reservation of water in fewer than 10 years if circumstances warrant a review. These circumstances might include

(1) a condition on the certificate of reservation requiring an earlier review, under 11 AAC 93.146(d)(2);

(2) a significant change affecting the water resource;

(3) a subsequent applicant's protest of the justification for the reservation of water if water might be unavailable to both maintain the reservation of water and to grant the applicant's request; or

(4) a written request by the certificate holder to the department, seeking authority to abandon, convey, transfer, assign, or convert the certificate of reservation to another use; the fee required under 11 AAC 05.260 must accompany the request.

(b) Upon review of a reservation of water, the commissioner will determine

(1) if the purpose for the reservation still applies;

(2) if the need for the reservation still exists;

(3) the effects of the reservation on prior appropriators;

(4) the effects of the reservation on the public interest;

(5) repealed 11/7/90;

(6) if additional physical, biological, water chemistry, and socio-economic data or reports concerning the reservation are available;

(7) if the quantity or level of water reserved is adequate for the purposes of the reservation;

(8) if the daily duration and months of the year of the reservation still apply; and

(9) if additional research, data collection, and analysis should be conducted, or different methodologies employed for reviewing the reservation.

(c) The commissioner will, in his or her discretion, require that additional research, data collection, and analysis be conducted or different methods used for reviewing the reservation of water. Costs of conducting additional research, data collection, and analysis, and of using a different methodology will be borne by the protestant if a protest regarding the reservation has been filed with the department. In other cases, these costs will be borne by the state. If the certificate holder desires expedited review, the commissioner will, in his or her discretion, require the certificate holder to bear the costs.

(d) The commissioner will provide written notice, as provided in 11 AAC 93.145(a), of a review of a reservation of water in order to solicit information that might be pertinent to the review. The commissioner will, in his or her discretion, hold a hearing on the review of a reservation of water.

(e) In accordance with the procedural requirements of 11 AAC 93.940, the commissioner will determine whether the purpose for the reservation of water, and his or her original findings of fact in granting the reservation, have been significantly altered by subsequent events. If the purpose of the reservation or all or part of the findings in granting the reservation no longer apply to the reservation, the commissioner will, in his or her discretion, amend the certificate of reservation or revoke all or part of it in accordance with AS 46.15.145(f) and 11 AAC 93.940. The commissioner's final decision to amend or revoke all or part of a certificate of reservation will be summarized by written findings of fact and conclusions of law. The commissioner will record any amended certificate of reservation in the appropriate recorder's office.

History

Authority: AS 46.15.020; AS 46.15.140; AS 46.15.145
Eff. 9/11/83, Register 87; am 11/7/90, Register 116; am 2/15/2006, Register 177; am 7/1/2018, Register 227

Article 3 Dam Safety

11 AAC 93.150 Dam safety

Repealed 8/16/89.

11 AAC 93.151 Applicability

(a) The provisions of 11 AAC 93.151 - 11 AAC 93.201 apply to all artificial barriers located in the state that are dams within the meaning of AS 46.17.900, except dams owned or operated by the federal government or regulated by the Federal Energy Regulatory Commission.

(b) An artificial barrier that the department has given a Class I (high) or Class II (significant) hazard potential classification under 11 AAC 93.157 is a dam under AS 46.17.900(3)(C), even if the barrier does not meet the height and capacity criteria set out in AS 46.17.900(3)(A) or (B).

(c) An artificial barrier that the department has given a Class III (low) hazard potential classification under 11 AAC 93.157 is not a dam under AS 46.17.900, unless the barrier meets the height and capacity criteria set out in AS 46.17.900(3)(A) or (B).

History

Authority: AS 46.17.010; AS 46.17.030; AS 46.17.100
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

11 AAC 93.153 Barrier measurement

For the purpose of determining whether a barrier is a dam under AS 46.17.900, the height of the barrier will be measured as either

(1) the maximum vertical distance from the natural bed of the watercourse at the upstream or downstream toe of the barrier, whichever yields the greater measurement, to the top of the barrier, or

(2) if the barrier is not across a watercourse, the maximum vertical distance from the lowest elevation of the outside limit of the barrier to the top of the barrier.

History

Authority: AS 46.17.010; AS 46.17.030; AS 46.17.900
Eff. 8/16/89, Register 111

11 AAC 93.157 Hazard classification

(a) In order to determine design, operation, inspection, maintenance, emergency action, and reporting criteria under AS 46.17 and 11 AAC 93.151 - 11 AAC 93.201, the department will periodically review and classify each artificial barrier according to the barrier's potential danger to life or property, and will assign the barrier one of the following hazard potential classifications:

(1) a Class I (high) hazard potential classification, if the department determines that the failure or improper operation of the barrier will result in probable loss of human life;

(2) a Class II (significant) hazard potential classification, if the department determines that the failure or improper operation of the barrier will result in

(A) a significant danger to public health;

(B) the probable loss of or probable significant damage to homes, occupied structures, commercial property, high-value property, major highways, primary roads, railroads, or public utilities, other than losses described in (3)(B) of this subsection;

(D) probable loss of or significant damage to waters identified under 5 AAC 95.011(a) as important for the spawning, rearing, or migration of anadromous fish; or

(3) a Class III (low) hazard potential classification if the department determines that the failure or improper operation of the barrier will result in

(A) limited impacts to rural or undeveloped land, rural or secondary roads, and structures;

(B) property losses or damage limited to the owner of the barrier; or

(b) As necessary to obtain accurate information for a review and classification under (a) of this section, the department will require the owner of an artificial barrier to submit the following information, on a form provided by the department and sealed by an engineer qualified under 11 AAC 93.193(a):

(1) the type and height of the barrier and the impounding capacity of the reservoir at the maximum storage elevation;

(2) the name of the water body, the location of the barrier and a description of the area downstream;

(3) a proposed hazard potential classification, and any supporting information for that proposed classification; supporting information may include maps, an inundation map prepared in substantial accordance with 11 AAC 93.195, a dam break analysis, photographs, and engineering calculations.

(c) The department may reject a hazard potential classification proposed under (b)(3) of this section and require the owner to submit additional information if the department determines that the

(1) engineer who sealed that information is not qualified under 11 AAC 93.193(a); or

(2) information previously provided is insufficient for the department to assign that hazard potential classification.

(d) The department may assign an artificial barrier a higher hazard potential classification than one proposed under (b)(3) of this section. The department will assign the barrier a hazard potential classification based on the level of information readily available regarding the barrier and its potential hazards.

History

Authority: AS 46.17.010; AS 46.17.050 AS 46.17.030; AS 46.17.070
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

11 AAC 93.159 Owner's periodic safety inspections

(a) The owner of a Class I or Class II dam shall provide for a periodic safety inspection of the dam at least once every three years. The owner of a Class III dam shall provide for a periodic safety inspection of the dam at least once every five years. The department may order a dam owner to provide for a periodic safety inspection more often than required by this subsection if the department determines that the dam might be unsafe or that more frequent inspections are necessary to protect public safety. Each periodic safety inspection and other work required by this section is at the owner's sole expense. Each periodic safety inspection must be detailed and comprehensive, and must meet the department's guidelines for periodic safety inspections. Those guidelines, set out in Chapter 10, Section 10.4 of the department's Guidelines for Cooperation with the Alaska Dam Safety Program, dated September 26, 2003 are adopted by reference.

(b) The periodic safety inspections required by this section must be performed by an engineer who has been approved under 11 AAC 93.193(b). Before an inspection, the owner shall submit to the department, in writing, the qualifications of the engineer and the scope of the periodic safety inspection. The department will approve the scope of the inspection if the department determines that the scope is adequate to determine the safety of the dam and for the engineer to make reliable recommendations regarding operation and maintenance of the dam, inspections of the dam, and other aspects related to the safety of the dam.

(c) Within 30 days after the visual inspection of the dam is completed, the owner shall submit a periodic safety inspection report to the department for approval, with as many copies as the department requires. The periodic safety inspection report must be sealed by the engineer approved under 11 AAC 93.193(b) to conduct the inspection. The engineer shall, in the report, make

(1) specific conclusions regarding the safety of the dam, including conclusions with respect to the condition of the dam and the potential for and consequences of any dam failure; and

(2) recommendations for any additional inspections, monitoring, studies, or construction that may be required to improve the safety of the dam.

(d) In response to a periodic safety inspection report, the department may

(1) approve the report, if the department determines that the report adequately reflects the safety of the dam and provides for the maintenance or improvement of the safety of the dam;

(2) request additional detail or clarification in the report;

(3) issue an order requiring the owner to perform additional inspections, studies, or analyses, or to submit additional information that the department determines is necessary to adequately assess the safety of the dam;

(4) revoke, under 11 AAC 93.173(k), a certificate of approval to operate a dam; or

(5) issue a construction, operation, repair, maintenance, shutdown, or dam removal order that the department considers necessary to protect against dam failure or to protect life and property.

(e) Repealed 10/2/2004.

History

Authority: AS 46.17.010; AS 46.17.050; AS 46.17.070 AS 46.17.030; AS 46.17.060
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

11 AAC 93.160 General requirements

Repealed 8/16/89.

11 AAC 93.161 State inspections

(a) The department may inspect a dam or artificial barrier, regardless of its size or hazard potential classification, after providing notice to the owner under AS 46.17.060.

(b) If the department determines that providing two weeks' notice under AS 46.17.060 is not practical because the dam or barrier presents a potential immediate danger to life or property, the department will give the owner of the dam or barrier as much notice before the inspection as is reasonable under the circumstances.

(c) The owner of a dam shall reimburse the department for costs that the department incurs in making an inspection under this section, including the costs of conducting related dam safety studies and analyses and employing consulting engineers or contractors, if the department determines that a condition may exist that could adversely affect the safety of the dam and the

(1) owner has failed or refused to perform a periodic safety inspection in accordance with 11 AAC 93.159; or

(2) periodic safety inspection report submitted under 11 AAC 93.159(c) is inadequate, and the owner has failed to respond to a department order or request for additional information.

History

Authority: AS 46.17.010; AS 46.17.050 AS 46.17.030; AS 46.17.060
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

11 AAC 93.163 Emergency remedial action

(a) The department may take emergency remedial action to protect life or property from the risks created by the dam's operation or potential failure, if the department determines that one or more of the following conditions exist:

(1) the condition of a dam is sufficiently dangerous to preclude adequate time for the issuance of an order to the owner under 11 AAC 93.159(d) regarding the maintenance or operation of the dam;

(2) actual or potential flooding threatens the condition of the dam;

(3) the owner will not voluntarily comply with an order or does not have the present means to comply with an order from the department.

(b) In taking emergency remedial action under this section, the department may take supervisory control of the dam from the owner, over the owner's objection if necessary, until the emergency no longer exists. During the department's supervisory control of the dam, the owner, agents, and employees of the owner shall comply with all of the department's orders.

(c) The owner shall reimburse the state for the costs of any reasonably necessary emergency remedial action taken under this section, including the costs of any consultant, contractor, emergency response agency, or other entity retained or requested by the department to respond to the emergency.

History

Authority: AS 46.17.010; AS 46.17.050; AS 46.17.070 AS 46.17.030; AS 46.17.060
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

11 AAC 93.164 Owner's emergency action plan

(a) The owner of a Class I or Class II dam shall develop and maintain an emergency action plan in accordance with this section.

(b) The department will approve an emergency action plan if

(1) the plan adequately protects life and property, given the particular risks presented to life or property if the dam fails or in anticipation of imminent dam failure;

(2) the plan provides adequately for the coordination of emergency responders in the community;

(3) the plan contains information that the department considers necessary to minimize danger to life and property; that information must include, if required by the department, a

(A) detailed inundation map, prepared in substantial accordance with 11 AAC 93.195;

(B) dam break analysis; and

(4) for a Class I dam, the plan is developed and maintained in accordance with

(A) the Federal Emergency Management Agency's Federal Guidelines for Dam Safety: Emergency Action Planning for Dam Owners (FEMA 64), as revised as of October 1998 and adopted by reference; or

(B) other requirements that the department determines are necessary to protect life or property.

(c) The owner of a Class I or II dam shall review the emergency action plan at least annually, and shall submit any revision of the plan to the department for approval.

(d) The owner of a Class I or II dam shall exercise the emergency action plan to a level specified by the department as sufficient to maintain adequate preparation for an actual emergency, and shall revise the emergency action plan at least every three years, or at a frequency that the department determines sufficient to maintain adequate preparation for an actual emergency. The plan shall be revised after the exercise in order to address any problems or areas for improvement identified during the exercise, and shall be submitted to the department for approval. Revised plans must be distributed to all persons with responsibilities identified in the plan.

(e) The owner of a Class II dam may include the emergency action plan in the operations and maintenance manual required under 11 AAC 93.167, 11 AAC 93.171, or 11 AAC 93.173.

History

Authority: AS 46.17.010; AS 46.17.050; AS 46.17.070 AS 46.17.030; AS 46.17.060
Eff. 10/2/2004, Register 171

11 AAC 93.165 Dam measurement

Repealed 8/16/89.

11 AAC 93.167 Certification of dams constructed before May 31, 1987

(a) The owner of a dam that was constructed before May 31, 1987 shall submit to the department a complete application, on a form provided by the department, for a certificate of approval to operate the dam under 11 AAC 93.173(a)(3), along with the applicable fee under 11 AAC 05.260(c)(1).

(b) An application for a certificate of approval under this section must include

(1) record drawings for the dam, prepared by a professional engineer registered under AS 08.48 and 12 AAC 36 or professional land surveyor registered under AS 08.48 and 12 AAC 36;

(2) an operation and maintenance manual prepared in accordance with 11 AAC 93.197;

(3) for Class I and Class II dams, an emergency action plan in accordance with 11 AAC 93.164; and

(4) a current periodic safety inspection report in accordance with 11 AAC 93.159.

(c) The department will approve the application and issue a certificate of approval to operate the dam under 11 AAC 93.173(a)(3) if the department

(1) determines that record drawings of the dam contain sufficient detail to document the configuration of the dam as constructed;

(2) determines that the operation and maintenance manual is appropriate for the size and type of the dam, and for the hazard potential classification assigned to the dam under 11 AAC 93.157;

(3) for Class I and Class II dams, approves the emergency action plan under 11 AAC 93.164; and

(4) approves the current periodic safety inspection report under 11 AAC 93.159.

History

Authority: AS 38.05.035; AS 46.17.030; AS 46.17.050 AS 46.17.010; AS 46.17.040
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171; am 7/1/2018, Register 227

11 AAC 93.170 Construction of large dams

Repealed 8/16/89.

11 AAC 93.171 Dam construction, repair, or modification

(a) Before construction, repair, or modification of a dam, a person must apply to the department under this section for a certificate of approval. Unless the department determines that an item or document is not required for the protection of life or property, the applicant must file the following information and documents with the department:

(1) an initial application package containing the information and documents required under (f)(1) of this section;

(2) a preliminary design package containing the information and documents required under (f)(2) of this section;

(3) a detailed design package containing the information and documents required under (f)(3) of this section;

(4) a final construction package containing the information and documents required under (f)(4) of this section;

(5) pre-construction plans containing the information and documents required under (f)(5) of this section;

(6) post-construction documentation containing the information and documents required under (f)(6) of this section.

(b) After receiving an initial application package under (a)(1) of this section, the department will approve the applicant's proposed schedule for filing the remaining information and documents required under this section, and for issuing the required certificates of approval, if the department determines that the proposed schedule will provide an adequate opportunity for the department to review the safety of the dam. The department may amend the approved schedule if the department determines that the amendment is necessary to allow the department to evaluate the safety of the dam.

(c) After submitting an initial application package under (a)(1) of this section, and before submitting a preliminary design package under (a)(2) of this section, the applicant must obtain department approval for the proposal prepared under (f)(1)(F) of this section. The department will reject the applicant's proposal if the department determines that the proposal does not adequately protect life or property.

(d) After submitting the preliminary design package under (a)(2) of this section, and before submitting the final construction package under (a)(4) of this section, an applicant must obtain department approval for the applicant's proposed method of demonstrating financial ability or providing financial assurance, if the applicant is required under (f)(2)(C) of this section to propose a method. The department will approve the proposed method if the department determines that the method is sufficient to pay the costs required under (f)(2)(C) of this section.

(e) Information supplied and documents submitted to the department under (f) of this section must contain all of the analyses and data appropriate for the size, type, and proposed hazard potential classification of the dam. The information and documents must contain sufficient information to justify the engineering design assumptions, criteria, and conclusions, and must contain the information necessary for the department to make a safety determination when reviewed in conjunction with the plans, drawings, and specifications. In addition to the information and documents required under (f) of this section, the department will require an applicant to conduct additional investigation, provide additional design work or analyses, or provide additional information that the department determines is necessary to protect life and property.

(f) Application information and documents must include the following:

(1) for an initial application package,

(A) a letter to notify the department of the applicant's intent; the letter must include the identity of the applicant, the identity of the owner if other than the applicant, the identity of the engineer with qualifications as described under 11 AAC 93.193(a), and a general description of the proposed project;

(B) a completed application form provided by the department, signed by the owner, and accompanied by a non-refundable deposit on the application fee described under 11 AAC 05.260(c)(2), calculated based on preliminary estimates of the applicable costs;

(C) a proposed schedule for the submission of application information and documents required under this section and an estimate of when construction is expected to begin;

(D) a hazard potential classification proposed in accordance with 11 AAC 93.157(b) for the dam;

(E) for new construction of Class I and II dams, an analysis of project alternatives including a feasibility study and a site study that justifies the location, type, and configuration of the proposed dam over other alternative locations, types, and configurations of dams or other projects; and

(F) a proposal prepared by the engineer identified in (A) of this paragraph that outlines the proposed scope of work, methodologies, levels of analysis, and approach to design and construct, repair, or modify the dam to adequately provide for the protection of life and property; the proposal must be based on the proposed size and type of the dam, and based on the hazard potential classification proposed under 11 AAC 93.157(b); the proposal must address at least each of the following:

(i) the inflow design flood determined in substantial accordance with 11 AAC 93.195(b) for the dam;

(ii) seismic parameters for the location of the dam, including the peak ground acceleration, the maximum credible earthquake, the maximum design earthquake, and the operating basis earthquake; those parameters must be determined in substantial accordance with the guidelines from the United States Army Corps of Engineers' Earthquake Design and Evaluation for Civil Works Projects, publication ER 1110-2-1806, dated July 31, 1995 and adopted by reference, or must be determined in substantial accordance with another approach approved by the department under (c) of this section;

(iii) other critical criteria related to the dam including structural stability, hydraulics, seepage, and any other criteria that may significantly affect the design of the dam;

(iv) a description of the design quality assurance and quality control to be conducted during the design;

(2) for a preliminary design package,

(A) proof that the applicant has applied for or holds a valid water use permit, certificate, or authorization required under AS 46.15;

(B) for construction of new dams or modifications that increase the size of the reservoir or raise the hazard potential classification determined in accordance with 11 AAC 93.157, proof of land ownership, a lease agreement, or other legal authority for right of entry, for the land under the dam, all appurtenant works, and the reservoir at the maximum water level;

(C) for construction of new dams or modifications that increase the size of the reservoir or raise the hazard potential classification determined in accordance with 11 AAC 93.157, a proposed method as follows to demonstrate the ability to pay for the following costs:

(i) for a government agency, financial ability may be demonstrated through taxing authority or other revenue generating ability, and by the pertinent bond, ordinance, resolution, or law as may be required to provide sufficient money to pay the costs of operating and maintaining the dam in a safe condition and complying with the requirements of 11 AAC 93.151 - 11 AAC 93.201;

(ii) for an applicant other than a government agency, the owner must provide a performance bond or other financial assurance adequate to provide sufficient money to pay for the costs of safely breaching the dam at the end of the dam's service life and restoring the stream channel and reservoir land to natural conditions, or for the costs of performing reclamation and post-closure monitoring and maintenance, as required under 11 AAC 93.172;

(D) a topographic map of the dam site at a legible engineering scale and legible contour interval, and with sufficient detail to show the location of the dam, the reservoir area at normal and maximum water storage levels, the survey datum, the coordinate system, property lines and other boundaries, and the location of the spillways, outlet works, borings, test pits, and material sites;

(E) a profile drawing along the dam axis showing the elevation of the crest of the dam, the location and elevation of spillways and outlet works, and geological investigation information;

(F) dam cross section drawings, including the maximum cross-section of the dam, indicating elevation and width of the crest, the location and elevation of spillways and outlet works, the slopes of upstream and downstream faces, the thickness of erosion control structures, and the location of underdrains, cutoff walls, and bonding trenches;

(G) a geological and geotechnical investigation report for the dam site, the reservoir area, spillways, outlet works, appurtenant works, and material sites that includes geological maps, locations and logs of borings and test pits, geological cross-sections, material analyses, laboratory test results, and recommendations for foundation treatment, stability analyses, and seepage control;

(H) a seismic report that describes the methods and references used to determine and evaluate the seismic characteristics of the project location; seismic parameters for the location of the dam presented in the report must include the peak ground acceleration, the maximum credible earthquake, the maximum design earthquake, and the operating basis earthquake, as proposed under (1)(F)(ii) of this subsection and approved by the department under (c) of this section;

(I) a hydrology report that describes the methods and references used to determine the inflow design flood, including drainage basin characteristics, streamflow and precipitation data, inflow and outflow hydrographs, and an estimate of impacts of flood events on areas downstream including an incremental damage assessment, if conducted; and

(J) if the information and documents scheduled for filing under (b) of this section cannot be filed by the due date, a proposal to revise the schedule that indicates when the owner expects to submit the remaining information and documents required to be filed under this section; the proposal must also include an estimate of when construction is expected to begin;

(3) for a detailed design package,

(A) an engineering design report sealed by the engineer identified in (1)(A) of this subsection that includes the following information and documents:

(i) a description of all methodologies, references, formulas and assumptions used in developing the design criteria and engineering evaluations;

(ii) an evaluation of the structural stability of the dam, foundation, and appurtenant works;

(iii) an evaluation of the performance of the dam, foundation, and appurtenant works during a seismic event;

(iv) descriptions, physical analyses, and permeability analyses, as appropriate for the materials used in the construction of the dam;

(v) a seepage analysis for the dam and foundation, including filter criteria to prevent piping of fine-grained materials;

(vi) design criteria, calculations, and rating curves for the spillways and outlet works;

(vii) a storage-versus-depth curve and a storage-versus-area curve for the reservoir;

(viii) recommendations for diverting water during construction;

(ix) recommendations for special construction considerations, first filling, operations, maintenance, instrumentation, and monitoring;

(x) design evaluations and recommendations for other features of the dam and appurtenant works;

(B) a detailed design drawing package at a legible size and legible engineering scale that includes the following information:

(i) a cover sheet that identifies the project, dam owner or operator, engineer, and location;

(ii) an index of drawings, legends, drafting standards, conventions, abbreviations, codes or other information necessary to interpret the drawings;

(iii) drawings that include a revision number, that are dated, that are uniquely numbered, and that are marked or stamped with the phrase "ISSUED FOR AGENCY REVIEW" or with similar language;

(D) a plan to control the quality of the construction work and to assure its compliance with the drawings and specifications; and

(E) if the information and documents scheduled for filing under (b) of this section cannot be filed by the due date, a proposal to revise the schedule that indicates when the owner expects to submit the remaining information and documents required to be filed under this section; the proposal must also include an estimate of when a certificate of approval to construct, modify, or repair the dam is desired and the approximate period of construction;

(4) for a final construction package,

(A) a final drawing package sealed by the engineer identified in (1)(A) of this subsection that includes the same information listed in (3)(B) of this subsection, except that each drawing must be marked or stamped with the phrase "ISSUED FOR CONSTRUCTION" or with similar language;

(B) final construction specifications that include a cover sheet with the date and project identification, and that are sealed by the engineer identified in (1)(A) of this subsection;

(C) a schedule for dam construction that includes key elements of construction, milestones, mandatory inspection points, and the estimated date for substantial completion; the schedule must be revised and resubmitted upon request of the department, if the construction is not accomplished according to the schedule;

(D) a certified cost estimate for the proposed work; the certified cost estimate

(i) must be prepared by a professional construction cost estimator, by the chief financial officer of the owner, or by the engineer identified in (1)(A) of this subsection;

(ii) must include the cost of all labor and materials for the construction, modification, or repair of the dam, including the cost of engineering, the cost of site investigations, the cost of surveying, the cost of construction quality control and quality assurance inspection, and other direct costs associated with the design and construction activities; and

(iii) for work using equipment, services, or other assets of the dam owner, must include a reasonable estimate of the market value of the equipment, services, or other assets utilized for the design of and for the construction, repair, or modification of the dam;

(E) a non-refundable application fee supplement that is equal to the difference between the fee deposit submitted under (1)(B) of this subsection and the fee required under 11 AAC 05.260(c)(2), calculated by using the certified cost estimate submitted under (D) of this paragraph; and

(F) the demonstration of financial ability, posting of bond, or provision of other financial assurance described in (2)(C) of this subsection that the department has approved under (d) of this section;

(5) for pre-construction plans,

(A) a water diversion plan for the construction that includes

(i) cofferdam drawings and specifications;

(ii) a cofferdam stability analysis under normal flow and probable flood conditions with supporting hydrologic data;

(iii) hydraulic and stability analyses for conduits or spillways used for diversion during construction;

(iv) plans for controlling and pumping of seepage during construction; and

(v) plans for removal of cofferdams, conduits, spillways, and other temporary structures used for water diversion during construction;

(B) an erosion control plan that describes measures to be used during and after construction to limit erosion, both within the construction site and in the downstream channel;

(6) for post-construction documentation, to be submitted to the department after completion of the construction, modification, or repair,

(A) a completion report, sealed by the engineer required under 11 AAC 93.173(c)(2), and including

(i) a description of how the plans and specifications were followed, and a description of any deviation from the plans and specifications;

(ii) a description of unexpected conditions encountered during construction;

(iii) inspection reports, and field and laboratory test results including sample locations and test standards or methodologies;

(iv) photographs documenting construction progress and final conditions;

(v) record drawings sealed by the engineer required under 11 AAC 93.173(c)(2); each record drawing must be marked or stamped with the phrase "CONSTRUCTION RECORD DRAWING" or with similar language;

(B) a post-construction operation and maintenance manual prepared in accordance with 11 AAC 93.197; and

History

Authority: AS 38.05.035; AS 46.17.040; AS 46.17.070 AS 46.17.010; AS 46.17.050 AS 46.17.030; AS 46.17.060
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171; am 7/1/2018, Register 227

11 AAC 93.172 Dam removal or abandonment

(a) Before removing or abandoning a dam, a person must apply to the department under this section for a certificate of approval. Unless the department determines that an item or document is not required for the protection of life or property, the following information and documents must be submitted to the department for review and approval:

(1) a completed application form provided by the department, signed by the owner, and accompanied by a non-refundable application fee described under 11 AAC 05.260(c)(2), based on estimates of the applicable costs prepared as required in 11 AAC 93.171(f)(4)(D);

(2) design drawings and specifications for the proposed final configuration of the dam and reservoir site; for Class I and Class II dams, design drawings and specifications must be sealed by an engineer qualified under 11 AAC 93.193(a);

(3) a description of the method and means to dewater or stabilize the reservoir and to breach, remove, or abandon the dam;

(4) a description of the method and means to control erosion at the site during and after the breach, removal, or abandonment, including

(A) controlling sediment transport from the area of the reservoir; and

(B) restoring the reservoir bed and stream channel, or otherwise reclaiming the system;

(5) if the entire dam is not removed,

(A) a hydrologic and hydraulic evaluation of the proposed final configuration of the dam or barrier during the probable maximum flood or other inflow design flood determined in substantial accordance with 11 AAC 93.195;

(B) a stability evaluation of the proposed final configuration of the dam or barrier under static conditions and under dynamic conditions using seismic parameters for the maximum design earthquake; those parameters must be determined in substantial accordance with the guidelines from the United States Army Corps of Engineers' Earthquake Design and Evaluation for Civil Works Projects, publication ER 1110-2-1806, dated July 31, 1995 and adopted by reference, or must be determined in substantial accordance with another approach approved by the department to be adequate to protect life and property;

(D) a statement regarding whether the final configuration of the dam or barrier constitutes a dam under AS 46.17.900 and remains subject to regulation under 11 AAC 93.151 - 11 AAC 93.201;

(6) for mine tailings dams, a

(A) description of the probable potential failure modes of the dam and tailings storage system in the proposed final configuration;

(B) description of long-term expectations for consolidation of the dam and tailings, for the phreatic surface of groundwater within the dam and tailings, for the performance of the dam underdrain system, and for the quantity and characteristics of seepage; and

(C) performance bond or other financial assurance adequate to provide sufficient money to pay for the costs of post-closure monitoring, operation, maintenance, and inspection, as required under this section;

(7) a schedule for completing the work;

(8) a description of the steps that have been taken with regard to abandoning any water rights issued under AS 46.15;

(9) a post-closure monitoring and maintenance plan;

(10) an agreement to release, apply, or transfer any bond or other financial assurance approved by the department under 11 AAC 93.171(d).

(b) Within 30 days after completing the removal or abandonment of a dam, the owner of the dam shall provide the department with the following information and documents:

(1) a description of how activities described in the information and documents provided under this section were conducted;

(2) a description of unexpected conditions encountered;

(3) photographs documenting construction or demolition progress and final conditions.

History

Authority: AS 38.05.035; AS 46.17.030; AS 46.17.070 AS 46.17.010; AS 46.17.040
Eff. 10/2/2004, Register 171; am 7/1/2018, Register 227

11 AAC 93.173 Certificates of approval

(a) The department will issue a certificate of approval if it determines that the action for which approval is sought may be conducted without unreasonable risk to life or property, and for a certificate of approval

(1) for construction, modification, or repair of a dam, after reviewing information and documents submitted under 11 AAC 93.171 (a)(1) - (5);

(2) for removal or abandonment of a dam, after reviewing information and documents submitted under 11 AAC 93.172(a); or

(3) to operate a dam, after reviewing information and documents submitted under 11 AAC 93.167 or 11 AAC 93.171(a)(6).

(b) The department will deny a certificate of approval if the owner fails to submit a complete application under 11 AAC 93.167, 11 AAC 93.171, or 11 AAC 93.172, or the department determines that the proposed construction, modification, repair, operation, removal, or abandonment of the dam would present an unreasonable risk to life or property.

(c) After the issuance of a certificate of approval for construction, repair, modification, removal, or abandonment of a dam, the owner may begin the construction, repair, modification, removal, or abandonment. During the construction, repair, modification, removal, or abandonment, and until it is completed,

(1) the owner may not deviate from the terms and conditions of the certificate or from approved plans, drawings, and specifications without the department's approval;

(2) except for the removal or abandonment of a Class III dam, an engineer qualified under 11 AAC 93.193(c) shall observe' and inspect the work for compliance with the approved plans, drawings, and specifications; and

(3) the department may, upon 24 hours' notice to the owner, inspect the dam or any work associated with the construction, operation, modification, repair, removal, or abandonment of the dam.

(d) Water may not be impounded behind a newly constructed dam, and additional water may not be impounded behind a repaired or modified dam, until the department issues, under (a) of this section, a certificate of approval to operate a dam.

(e) A certificate of approval is valid only for the period of time specified in the certificate. An action allowed under the certificate may not continue beyond the certificate's expiration date.

(f) The department will extend the expiration date of a certificate of approval to operate a dam by up to 90 days if the

(1) owner submits to the department a current periodic safety inspection report as provided under 11 AAC 93.159; and

(2) department determines that the dam may be operated safely during the period of extension.

(g) In order to renew a certificate of approval to operate a dam, the owner must submit the following information to the department before the expiration date of the certificate of approval:

(1) a current, periodic safety inspection report as provided under 11 AAC 93.159;

(2) a current operation and maintenance manual as provided in 11 AAC 93.167 or 11 AAC 93.171;

(3) for owners of Class I or Class II dams, a current emergency action plan as provided in 11 AAC 93.164.

(h) The department will renew a certificate of approval to operate a dam if the department determines that the action for which approval is sought may be conducted without unreasonable risk to life or property, and after reviewing the information and documents submitted under (g) of this section.

(i) As the department considers necessary to protect life and property, the department will specify terms and conditions for a certificate of approval, including

(1) maximum or minimum filling rates and other conditions to ensure proper loading of the dam during the initial filling of the reservoir;

(2) normal and maximum reservoir water elevations;

(3) due dates and frequencies for routine inspections, for periodic safety inspections required under 11 AAC 93.159, and for emergency action plan exercises and revisions required under 11 AAC 93.164; and

(4) operation and maintenance procedures.

(j) An owner may not assign or otherwise transfer a certificate of approval issued under 11 AAC 93.167, 11 AAC 93.171, or this section. To request that the department transfer a certificate of approval issued under 11 AAC 93.167, 11 AAC 93.171, or this section, the transferor and the transferee must submit a joint application on a form provided by the department and pay the applicable fees provided in 11 AAC 05.260(c)(3). The department may approve the transfer and issue a new certificate of approval including any terms and conditions that the department determines are necessary to ensure that the dam will be operated and maintained in a safe manner.

(k) department may revoke a certificate of approval for construction, modification, repair, removal, or abandonment of a dam or a certificate of approval to operate a dam if

(1) the department determines that the operation, construction, repair, modification, removal, or abandonment of a dam presents an unreasonable risk to life or property;

(2) the owner fails to submit a periodic safety inspection report required under 11 AAC 93.159;

(3) the department rejects a periodic safety inspection report because the report is inadequate for the department to determine the safety of the dam; or

(4) after reviewing a periodic safety inspection report or other information, the department determines that the dam is unsafe.

History

Authority: AS 38.05.035; AS 46.17.040; AS 46.17.070 AS 46.17.010; AS 46.17.050 AS 46.17.030; AS 46.17.060
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171; am 7/1/2018, Register 227

11 AAC 93.174 Transfer of certificate of approval

Repealed.

History

Eff. 8/16/89, Register 111; repealed 10/2/2004, Register 171

11 AAC 93.175 Records

(a) The owner of a dam shall maintain on file, either at the location of the dam or at the owner's regular place of business in the state, all records pertaining to the safety of the dam, including

(1) construction plans and specifications;

(2) engineering reports;

(3) record drawings;

(4) all completion reports;

(5) construction inspection reports;

(6) material test analyses;

(7) reports of routine safety inspections and monitoring performed as specified in the operation and maintenance manual required under 11 AAC 93.167(b)(2), 11 AAC 93.171(f)(6)(B), or 11 AAC 93.173(g)(2);

(8) periodic safety inspection reports required under 11 AAC 93.159; and

(9) all other information and documents that might contain data relevant to the safety of the dam.

(10) the current operation and maintenance manual required under 11 AAC 93.167(b)(2), 11 AAC 93.171(f)(6)(B), or 11 AAC 93.173(g)(2); and

(11) the current emergency action plan required under 11 AAC 93.164.

(b) All records that the owner is required to retain under this section must be open to the department's inspection and copying during the owner's regular business hours, or, in the event of an emergency, at any time the department considers necessary.

(c) The department may seek an administrative subpoena requiring the owner or the owner's agents, contractors, or employees, to produce, within seven days, any record that the owner is required to retain under this section. If the party refuses to comply with the subpoena, the department may seek to enforce the subpoena by filing an appropriate action in superior court.

(d) A record required under this section shall be maintained as long as the dam is in service and for an additional period of time that the department specifies, as necessary to protect life and property, in a certificate of approval issued under 11 AAC 93.172 for removal or abandonment of a dam.

History

Authority: AS 46.17.010; AS 46.17.040; AS 46.17.060 AS 46.17.030; AS 46.17.050; AS 46.17.080
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

11 AAC 93.177 Reporting of dam incidents

The owner or operator of a dam shall report to the department, on a form provided by the department, each incident involving the dam. For purposes of this section, incidents include one or more of the following events:

(1) the satisfactory or unsatisfactory performance of a dam during extreme loading periods caused by extraordinary seismic or hydrologic events;

(2) the uncontrolled release of water from a dam due to improper operation, overtopping, excessive seepage, or piping, regardless of whether downstream flooding occurs;

(3) indications of stress in structural features or appurtenant works that could potentially affect the structural or operational integrity of the dam;

(4) severe deterioration or erosion of structural elements or materials of construction, including concrete, steel, timber, soil, rock, geosynthetics, pipes, and valves;

(5) modifications or repairs to the dam required to satisfy regulatory requirements or other deficiencies that may be identified in the dam or the original design basis.

History

Authority: AS 46.17.010; AS 46.17.040; AS 46.17.060 AS 46.17.030; AS 46.17.050; AS 46.17.070
Eff. 10/2/2004, Register 171

11 AAC 93.180 Construction of medium-sized dams

Repealed 8/16/89.

11 AAC 93.190 Construction of small dams

Repealed 8/16/89.

11 AAC 93.193 Qualified engineers

(a) The department will not approve proposals for hazard potential classifications as required under 11 AAC 93.157, design engineering reports, design and construction drawings, construction specifications, or other information or documents submitted under 11 AAC 93.171 or 11 AAC 93.172, or construction completion reports or record drawings as required under 11 AAC 93.171 (f)(6)(A), unless sealed by an engineer with

(1) a valid certificate of registration issued under AS 08.48 and 12 AAC 36 as a professional engineer in the branch of civil engineering;

(2) at least five years of experience, in this state or another state, as a licensed or registered professional engineer in the branch of civil engineering; and

(3) significant work experience in the design, construction, inspection, and safety of dams.

(b) The department will not approve an engineer under AS 46.17.050 and 11 AAC 93.159(b) for purposes of conducting a periodic safety inspection as required by 11 AAC 93.159, unless the engineer has

(1) a valid certificate of registration issued under AS 08.48 and 12 AAC 36 as a professional engineer in the branch of civil engineering; and

(2) at least five years of experience, in this state or another state, as a licensed or registered professional engineer in the branch of civil engineering; and

(3) sufficient work experience to determine the safety of the particular dam being inspected and to make reliable recommendations regarding the operation and maintenance of that dam, inspections of that dam, and other matters related to the safety of that dam.

(c) For purposes of the observation and inspection requirements in 11 AAC 93.173(c)(2), an owner shall use an engineer with the qualifications set out in (a)(1) - (3) of this section.

History

Authority: AS 46.17.010; AS 46.17.030; AS 46.17.050
Eff. 10/2/2004, Register 171

11 AAC 93.195 Inundation maps and inflow design flood information

(a) An inundation map prepared under 11 AAC 93.157(b) or 11 AAC 93.164 must

(1) indicate the extent of flooding below a dam after failure under the normal operating level of the reservoir, under the inflow design flood, and under other scenarios as the department considers necessary to evaluate danger to life and property;

(2) identify downstream structures or other development, flood wave depth and arrival times, roads, evacuation routes, staging areas, and other information required by the department to minimize danger to life and property; and

(3) be based on a dam break analysis, if required.

(b) For purposes of 11 AAC 93.164 and 11 AAC 93.171, the information for determining the inflow design flood shall be developed in substantial accordance with

(1) the Federal Emergency Management Agency's Federal Guidelines for Dam Safety: Selecting and Accommodating Inflow Design Floods for Dams (FEMA 94), as revised as of October 1998 and adopted by reference; or

(2) methods approved by the department that adequately assess and characterize the design hydrology, and that are based on the hazard potential classification assigned under 11 AAC 93.157.

(c) In this section, "inflow design flood" means the flood flow above which the incremental increase in the downstream flood caused by a failure of the dam does not result in any additional danger downstream.

History

Authority: AS 46.17.010; AS 46.17.050 AS 46.17.030; AS 46.17.070
Eff. 10/2/2004, Register 171

11 AAC 93.197 Operation and maintenance manuals

An owner that is required under 11 AAC 93.167, 11 AAC 93.171, or 11 AAC 93.173 to prepare or provide an operation and maintenance manual must describe in that manual, in detail, how a dam will be operated, inspected and maintained, including

(1) a physical description of the dam;

(2) any operating limitations on the dam;

(3) critical design criteria;

(4) a schedule and procedures for routine safety inspections, monitoring, and maintenance of the dam;

(5) detailed instructions and maintenance procedures for operating valves, gates, or other equipment;

(6) maintenance procedures, calibration information, and instructions for instrumentation and for monitoring and alarm systems;

(7) site-specific visual inspection checklists; and

(8) other information requested by the department to provide sufficient detail regarding dam operation, inspection, and maintenance for the protection of life and property.

History

Authority: AS 46.17.010; AS 46.17.040; AS 46.17.070 AS 46.17.030; AS 46.17.050
Eff. 10/2/2004, Register 171

11 AAC 93.200 Fee for dam construction permit

Repealed 1/1/86.

11 AAC 93.201 Definitions

Unless the context requires otherwise, in AS 46.17 and 11 AAC 93.151 - 11 AAC 93.201,

(1) "alteration" has the meaning given in AS 46.17.900;

(2) "appurtenant works" has the meaning given in AS 46.17.900;

(3) "Class I dam" means a dam assigned a Class I (high) hazard potential classification under 11 AAC 93.157;

(4) "Class II dam" means a dam assigned a Class II (significant) hazard potential classification under 11 AAC 93.157;

(5) "dam" has the meaning given in AS 46.17.900;

(6) "department" means the Department of Natural Resources;

(7) "enlargement" has the meaning given in AS 46.17.900;

(8) "modification" means an enlargement or alteration;

(9) "owner" has the meaning given in AS 46.17.900;

(10) "record drawings" means plan, profile, and cross-section drawings that show the final configuration of a dam as constructed, including

(A) lines, grades, elevations, and size;

(B) types of material used for construction;

(D) details of all appurtenant works, including spillways, outlet pipes, monitoring devices, and other equipment;

(11) "repair" has the meaning given in AS 46.17.900; "repair" does not include routine maintenance;

(12) "routine maintenance" means any work performed on a dam that

(A) is generally of a housekeeping nature; and

(B) does not affect or have the potential to affect the safety of the dam;

(13) "sealed" means prepared by an engineer or a person under that engineer's direct supervision, and bearing the signature and seal of that engineer as required by AS 08.48.221 and 12 AAC 36.185.

History

Authority: AS 46.17.010; AS 46.17.030; AS 46.17.900
Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

Article 4 Temporary Water Use

11 AAC 93.210 Temporary water use

(a) Procedures to authorize the temporary use of water, as provided in 11 AAC 93.220, will apply if the use continues for less than five consecutive years and the water applied for is not otherwise appropriated under a permit to appropriate water, certificate of appropriation, certificate of reservation, or change permit.

(b) A water right or priority is not established by a temporary water use authorization issued under 11 AAC 93.220. Authorized temporary water use is subject to amendment, modification, or revocation by the department if the department determines that amendment, modification, or revocation is necessary to supply water to lawful appropriators of record or to protect the public interest.

(c) Upon the commissioner's receipt of a written request from the permittee, the commissioner may, for good cause, extend one time an authorization for temporary use of water. The temporary use may not exceed five years, including the extension and the initial time period for which that authorization was issued. The request for an extension of the authorization for temporary use of water must be accompanied by the fee prescribed in 11 AAC 05.260.

History

Authority: AS 46.15.020; AS 46.15.133 AS 46.15.040; AS 46.15.155
Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116; am 9/16/92, Register 123; am 8/20/2004, Register 171; am 7/1/2018, Register 227; am 7/7/2024, Register 251

11 AAC 93.220 Procedure for temporary water use

(a) A person must receive authorization under this section before temporary use of a significant amount of water under 11 AAC 93.035. The application for an authorization for temporary water use must be made on a form approved by the department and completed in accordance with the instructions furnished to the applicant.

(b) An application must include

(1) the application fee prescribed by 11 AAC 05.260;

(2) a map identifying the section, township, range, and meridian, and indicating the location of the property, the point of withdrawal, diversion, or impoundment, the point of use, and the point of discharge or return flow, if any;

(3) the quantity of water to be used, with documentation and calculations justifying the request;

(4) the nature of the water use;

(5) the time period during which water is to be used; and

(6) the type and size of equipment used to withdraw the water.

(d) The department may consider any pertinent information, in addition to that provided in the application, in deciding whether to authorize or deny temporary use of water. The reason for the decision will be furnished to a person who is denied a temporary water use authorization and to a person who has filed an objection.

(e) An authorization for temporary use of water will include

(1) the quantity of water to be used;

(2) the legal description of the point of water withdrawal or diversion;

(3) a project description;

(4) an expiration date;

(5) the daily duration and months of use; and

(6) the point or area of water use, if applicable.

(f) The department may issue an authorization for temporary use of water subject to conditions including suspension or termination, considered necessary to protect the water rights of other persons or the public interest.

(g) Denial of an application under this section does not preclude the applicant from applying for a permit under 11 AAC 93.040.

History

Authority: AS 46.15.020; AS 46.15.100; AS 46.15.155 AS 46.15.040; AS 46.15.133
Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171; am 7/1/2018, Register 227; am 7/7/2024, Register 251

Article 5 Preferred Use

11 AAC 93.230 Preferred use status

Preferred use status allows the use of water for a preferred use when adequate water is not available from the same source to supply all lawful appropriators.

History

Authority: AS 46.15.020; AS 46.15.150
Eff. 2/8/67, Register 23; am 12/29/79, Register 72

11 AAC 93.240 Application for preferred use status

An applicant for preferred use status shall submit the applicable fee prescribed in 11 AAC 05.260 and provide the department written evidence that establishes, to the satisfaction of the department, that

(1) the use of water is for a public water utility that serves the general public as defined by AS 42.05.990(4) and (5);

(2) the available water supply is or will be inadequate in quantity to satisfy the needs of the applicant; and

(3) water conservation measures are or will be employed to minimize damages to prior appropriators as a result of preferred use status.

History

Authority: AS 46.15.020; AS 46.15.150
Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171; am 7/1/2018, Register 227

11 AAC 93.250 Commissioner's decision on preferred use status

(a) If the commissioner determines that additional information is required to rule on an application, the commissioner will, in his or her discretion, require the submission of additional evidence, hold hearings, or require investigative studies.

(b) Denial of an application for preferred use status does not preclude the applicant from applying for other water rights under 11 AAC 93.040 - 11 AAC 93.140.

History

Authority: AS 46.15.020; AS 46.15.060; AS 46.15.090 AS 46.15.040; AS 46.15.065; AS 46.15.150
Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116

11 AAC 93.260 Issuance of a permit to appropriate for preferred use

(a) If the commissioner grants an applicant preferred use status under 11 AAC 93.250, the commissioner will issue a permit to appropriate for preferred use when

(1) notice has been given under 11 AAC 93.080; and

(2) the applicant has submitted to the commissioner either certified copies of any compensation agreements or any court orders directing the payment of compensation.

(b) If there are no compensation agreements or orders and if limited water availability has resulted in the need for immediate action, the commissioner will:

(1) order the applicant to post a bond or certificate of deposit, in the name of the department and the applicant, in an amount the commissioner considers necessary to compensate prior lawful appropriators of record for damages sustained as the result of the reallocation; and

(2) order reallocation of available water among all users by established priority.

(c) An order issued under (b) of this section continues in effect until an agreement on compensation is arrived at as provided in (a) of this section or until the limited water condition is over.

History

Authority: AS 46.15.020; AS 46.15.150
Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116

Article 6 Enforcement

11 AAC 93.270 Enforcement

A violation of a provision of this chapter, a lawful order of the commissioner issued under this chapter or AS 46.15, or a term or condition of a permit or certificate issued under this chapter is subject to corrective action under 11 AAC 93.280 - 11 AAC 93.290.

History

Authority: AS 46.15.020; AS 46.15.180 AS 46.15.100; AS 46.15.255
Eff. 12/29/79, Register 72; am 11/7/90, Register 116

11 AAC 93.280 Emergency actions

(a) If the commissioner finds that a person is causing, engaging in, or maintaining a condition or activity that involves the use of a water resource and that presents an imminent or present danger to the health, safety, or welfare of the people of the state or the right of a prior appropriator, or, with the exception of changes in water quality, to the resource itself, the commissioner will, in his or her discretion

(1) order the person immediately to discontinue, abate, or alleviate the condition or activity; or

(2) take any other action considered necessary to alleviate the emergency.

(b) The owner of the property or the operator of the improvement or other condition that causes the emergency may be held liable for the costs associated with remedial action taken under this section, including the cost of any work done to make safe a water use structure or its appurtenances. If the person fails to make payment within 90 days, costs may be recovered by the state from the person in an action in superior court.

History

Authority: AS 46.15.020; AS 46.15.180 AS 46.15.080; AS 46.15.255
Eff. 12/29/79, Register 72; am 11/07/90, Register 116

11 AAC 93.290 Commissioner's orders

(a) In order to protect the public interest the commissioner may issue any of the following orders:

(1) an order prescribing construction and other engineering modifications of impoundment, withdrawal, or diversion structures but not waiving the responsibility of the applicant to apply for and receive appropriate state or federal regulatory permits or licenses;

(2) a stop order to a person who, by means including free-flowing wells or drainage into lower strata underground, wastes water without putting it to a beneficial use;

(3) a stop order to a person substantially interfering with the appropriation of water to which a right was granted under the provisions of this chapter;

(4) a stop order to a person appropriating, diverting, or impounding water without a permit or authorization, including uses that are not a significant amount of water under 11 AAC 93.035;

(5) an order requiring the submittal of books, records, meters, gauges, well logs, and other hydrologic information relevant to an adjudication or action; or

(6) an order to remove or abate unpermitted diversion or impoundment works.

(b) If the commissioner considers it necessary to prevent or rectify a violation of this chapter, the commissioner will, in his or her discretion,

(1) give notice and hold a hearing in order to gather additional information, evidence, or testimony; or

(2) obtain a search warrant or court order authorizing the commissioner to enter onto the property, seize, or remove structures or works of appropriation, or directing the violator to take other action required to protect against damage to persons and property.

History

Authority: AS 46.15.010; AS 46.15.180; AS 46.15.256 AS 46.15.020; AS 46.15.255
Eff. 12/29/79, Register 72; am 9/11/83, Register 87; am 11/7/90, Register 116; am 8/20/2004, Register 171

Article 7 Appeals

11 AAC 93.300 Appeals

An eligible person affected by a decision issued under this chapter may appeal that decision in accordance with 11 AAC 02.

History

Authority: AS 46.15.020; AS 46.15.135; AS 44.37.011 AS 46.15.070; AS 46.15.180
Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116; am 9/19/2001, Register 159

Article 8 Administrative Basin-Wide Adjudication

11 AAC 93.400 Boundaries of the adjudication area

(a) Before initiating an adjudication under AS 46.15.165, the commissioner will identify in writing the geographic and hydrologic boundaries and the hydrologic resources of the adjudication area. The written identification will

(1) describe the interaction and hydrologic communication between the surface water drainage systems and the ground water flow systems;

(2) identify the surface water topographic drainage divide and the boundaries of ground water aquifer systems on the most detailed United States Geological Survey map available for the basin;

(3) describe the geographic and hydrologic boundary and the area in square miles;

(4) describe how the boundary and area size were determined;

(5) collect and summarize available stream discharge and ground water data and determine, where possible, mean monthly and annual stream discharge, high and low flows, duration curves, current water use, and the aquifer's yield; and

(6) summarize ongoing and planned hydrologic or hydrogeologic investigations in the area.

(b) The commissioner will, in his or her discretion, alter the boundaries identified in (a) of this section as needed after an adjudication is initiated under 11 AAC 93.410.

History

Authority: AS 46.15.020; AS 46.15.165
Eff. 11/7/90, Register 116

11 AAC 93.410 Initiating an administrative basin-wide adjudication

The commissioner will, in his or her discretion, initiate an administrative basin-wide adjudication by issuing an order that will, in the commissioner's discretion, contain some or all of the following information:

(1) a written consent by the federal government to participate in the administrative adjudication and to have its claim to federal reserved water rights adjudicated in the process;

(2) a reference to the authorizing statute, AS 46.15.165, and statement of intent to adjudicate all water rights claims, including federal reserved water rights, pending, permitted, or certified in the area;

(3) a description of the purpose of the basin-wide adjudication;

(4) a description of the geographic and hydrologic area under adjudication;

(5) a description of the surface water bodies and ground water aquifer systems, including names if possible;

(6) a legal description of the adjudication area, including meridian, township, range, section, and aliquot parts;

(7) a notice that public and private water utilities will represent water users purchasing water from the utilities;

(8) a description of the time period during which the federal government or any other person may file a claim to have federal reserved water rights adjudicated;

(9) a notice that new water rights applications in the adjudication area will be accepted and included in the adjudication if filed within a stated period of time after the close of the newspaper publication period;

(10) a notice that the adjudication will not preclude the filing of future applications for water rights under AS 46.15, but that such rights will be junior in priority to those adjudicated under these proceedings; and

(11) the address and office location to obtain further information.

History

Authority: AS 46.15.020; AS 46.15.165
Eff. 11/7/90, Register 116

11 AAC 93.420 Notice procedures

(a) Notice of the adjudication will be served on those persons listed in AS 46.15.165(c) and in the manner described in AS 46.15.165(e).

(b) Notice to the agencies of the federal government having management or trust responsibility over lands within the adjudication area will be served on

(1) the chief officer of the federal agency's Alaska regional office;

(2) the manager of the specific federal land reservation, if any;

(3) the U.S. Attorney General; and

(4) the U.S. Attorney for the District of Alaska.

(d) Newspaper notice will be published once a week for four consecutive weeks in a newspaper of general circulation in the area to be adjudicated.

History

Authority: AS 46.15.020; AS 46.15.165
Eff. 11/7/90, Register 116; am 12/27/2012, Register 204

11 AAC 93.430 Federal reserved water rights claims

(a) A claim by the federal government or other person claiming federal reserved water rights within the adjudication area must be filed in writing with the commissioner.

(b) A claim to federal reserved water rights must contain the following information:

(1) the name of the agency, person, or agent representing the person making the claim, and the representative's phone number and address;

(2) the claimed priority date;

(3) the claimed primary purpose of the federal reserved water right;

(4) a list of statutes, proclamations, orders, or other documents establishing the federal withdrawal or reservation of land;

(5) the amount of water claimed and data supporting the quantification of the claim;

(6) the daily duration and months of the year during which water is claimed;

(7) the water source, including name if possible;

(8) the most detailed USGS topographic map available for the area showing the location and the legal descriptions for the points of water withdrawal, diversion, or impoundment and water use, or river reach for instream use, including meridian, township, range, section, and aliquot parts;

(9) all documents that establish each land withdrawal or reservation and support the claimed priority date, claimed primary purpose, and quantities;

(10) well logs, aquifer test data, and well construction data for diversions from ground water sources; and

(11) any available water use data.

History

Authority: AS 46.15.020; AS 46.15.165; AS 46.15.169
Eff. 11/7/90, Register 116

11 AAC 93.440 Commissioner's orders

In performing the adjudication under this chapter, the commissioner will, in his or her discretion, issue further orders as necessary, including

(1) designating an impartial qualified person as a master to preside over the adjudication;

(2) establishing hearing times and places;

(3) establishing appropriate rules of evidence and procedures for use in connection with a hearing.

History

Authority: AS 46.15.020; AS 46.15.165
Eff. 11/7/90, Register 116

Article 9 Critical Water Management Areas

11 AAC 93.500 Initiating designation proceedings

The commissioner will, in his or her discretion, initiate proceedings to designate a particular geographic or hydrologic area, including surface and ground water, as a critical water management area if

(1) the commissioner determines that there is or might be an imminent water shortage in the area, for all or part of the year, affecting a substantial number of permittees or certificate holders of record so that their ability to reasonably acquire water has been or will be affected by existing or potential overappropriation, drought, saltwater intrusion, or a chemical or toxic contamination rendering the water source unusable;

(2) an agency or political subdivision of the state, or an agency of the United States, petitions for the designation of the area as a critical water management area and demonstrates that a condition in (1) of this section exists; or

(3) 25 percent or more of the permittees and certificate holders of record in a geographic or hydrologic area petition for the designation of a critical water management area and demonstrate that at least one condition in (1) of this section exists.

History

Authority: AS 46.15.010; AS 46.15.020
Eff. 11/7/90, Register 116

11 AAC 93.510 Public notice and meeting

(a) Before the commissioner designates a geographic or hydro logic area as a critical water management area or revokes or amends a designation, the department will post a notice of the proposed action on the Alaska Online Public Notice System (AS 44.62.175) for at least 30 days and will allow an opportunity of at least 30 days for comment by mail, by electronic mail, or through the Alaska Online Public Notice System. For the department to consider a comment, the comment must be received not later than the last day of the comment period.

(b) At the same time that the department posts a notice under (a) of this section on the Alaska Online Public Notice System, the department will provide the notice by mail, electronic mail, or other means to

(1) owners of property in the geographic area affected by the proposed designation, revocation, or amendment;

(2) appropriators of record on a water source affected by the proposed designation, revocation, or amendment;

(3) existing applicants for appropriations of water on a water source affected by the proposed designation, revocation, or amendment;

(4) existing applicants for, or holders of, a temporary water use authorization on a water source affected by the proposed designation, revocation, or amendment;

(5) affected federal, state, and local agencies, including the Department of Fish and Game and the Department of Environmental Conservation; and

(6) any affected regional or village corporation organized under 43 U.S.C. 1601 - 1629h (Alaska Native Claims Settlement Act).

(1) hold a public meeting at a location within or in close proximity to the geographic area affected by the proposed designation, revocation, or amendment;

(2) extend the public notice and comment period; the department will post notice of any extension on the Alaska Online Public Notice System for the duration of the extension and will provide notice to persons under (b) of this section.

History

Authority: AS 46.15.010; AS 46.15.020
Eff. 11/7/90, Register 116; am 7/7/2024, Register 251

11 AAC 93.520 Department order

The decision to designate a geographic or hydrologic area as a critical water management area, or revoke or amend a designation, will be in writing, and will, as appropriate,

(1) state the reasons for the designation, revocation, or amendment;

(2) define the boundaries of the area or amendment;

(3) predict the likelihood of an imminent or continued water shortage or contamination problem;

(4) state how additional appropriations would affect the rights of permittees or certificate holders of record, or the public interest under AS 46.15.080; and

(5) state whether, after a specific date, applications for water rights will be accepted or adjudicated.

History

Authority: AS 46.15.010; AS 46.15.020
Eff. 11/7/90, Register 116

11 AAC 93.530 Effect of the order

(a) Not later than 30 days after signing a department order to designate a geographic or hydro logic area as a critical water management area or revoke or amend a designation, the commissioner will announce the decision by posting the order on the Alaska Online Public Notice System (AS 44.62.175) and mailing the order to

(1) applicants for appropriations of water in the affected area;

(2) appropriators of record in the affected area;

(3) property owners in the affected area;

(4) affected federal, state, and local agencies, including the Department of Fish and Game and the Department of Environmental Conservation; and

(5) any affected regional and village corporations organized under 43 U.S.C. 1601 - 1629h (Alaska Native Claims Settlement Act).

(b) After the commissioner takes action under (a) of this section, the department may take the following actions:

(1) restrict or deny the acceptance of applications for new water appropriations or applications for additional quantities for existing appropriators of record, until the order is amended or revoked;

(2) seek voluntary agreement among permittees and certificate holders to limit the quantity of their water use on an equitably apportioned basis during all or part of the year;

(3) fix a time limit for accepting new applications for water rights for existing water uses;

(4) designate all water uses as significant;

(5) require notice of all applications;

(6) require conservation measures;

(7) take any other actions necessary to fully inform the public of the order; or

(8) enforce actions under 11 AAC 93.280, 11 AAC 93.290, AS 46.15.255, and AS 46.15.256.

History

Authority: AS 46.15.010; AS 46.15.180; AS 46.15.255 AS 46.15.020; AS 46.15.250; AS 46.15.256
Eff. 11/7/90, Register 116; am 8/20/2004, Register 171; am 7/7/2024, Register 251

11 AAC 93.540 Appeals

An eligible person affected by a decision under 11 AAC 93.520 - 11 AAC 93.530 may appeal that decision as provided in 11 AAC 02.

History

Authority: AS 46.15.010; AS 46.15.185 AS 46.15.020; AS 44.37.011
Eff. 11/7/90, Register 116; am 9/19/2001, Register 159

Article 10 General Provisions

11 AAC 93.910 Change of address

(a) All water right applicants, permit holders, and certificate holders shall promptly notify the commissioner of any change of ownership or mailing address. Failure by an applicant or permit holder to comply with this requirement is sufficient cause for discontinuance of the water appropriation procedure under 11 AAC 93.040 - 11 AAC 93.260 and closure of the case file.

(b) Correspondence and notification sent under provisions of this chapter will be sent to the last address on file with the commissioner.

History

Authority: AS 46.15.010; AS 46.15.020
Eff. 12/29/79, Register 72; am 11/7/90, Register 116

11 AAC 93.920 Exemptions

(a) repealed 8/20/2004.

(b) The use of seawater or the emergency use of water for protection of life or property, is exempt from the provisions of this chapter unless the department determines that the use should be regulated in the public interest.

History

Authority: AS 46.15.010; AS 46.15.020; AS 46.15.180
Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171

11 AAC 93.930 Procedure for the transfer and change of appropriations

(a) A person with a permit to appropriate or certificate of appropriation who intends to change the location of the point of water withdrawal, diversion, or impoundment, depth of taking, nature of use, point of return flow, or place of use, or add points of withdrawal, diversion, or impoundment, shall apply in writing for permission to make the change and include the applicable fee prescribed in 11 AAC 05.260.

(b) In determining whether a proposed change will be approved, the department will consider the effect of the proposed change on the water rights of other persons and the public interest. The department will provide for notice to water right holders of record who may be adversely affected, and to the Department of Fish and Game and the Department of Environmental Conservation, and post a notice on the Alaska Online Public Notice System as required under AS 44.62.175. However, the department will not provide notice for a request to change use of less than 5,000 gpd unless the department determines that providing notice is in the public interest or required by law. The department will accept written comments, and may hold a hearing, as provided in 11 AAC 93.080 - 11 AAC 93.110.

(c) If the department determines that the proposed change will not adversely affect the water rights of other persons or the public interest, and that the proposed change does not constitute a significant change in beneficial use and is unlikely to adversely affect existing water uses, fish and wildlife habitat, or water quality, the department will amend and issue the permit to appropriate or certificate of appropriation to include the change.

(d) If the department determines that the proposed change will not adversely affect the water rights of other persons or the public interest, but determines that the proposed change will constitute a significant change in beneficial use, a new use, or that the proposed change may adversely affect existing water uses, fish and wildlife habitat or water quality, the department may issue a change permit for a period of time that corresponds with the category of use and maximum period of time for issuance of a permit to appropriate under 11 AAC 93.120(b).

(e) A change permit will not be issued, and a permit to appropriate or certificate of appropriation will not be amended, if it is proven to the satisfaction of the department that the change will adversely affect the water rights of permit holders and certificate holders of record, or if the department finds that the proposed change may adversely affect or impair the public interest or that the appropriation proposed to be changed has been abandoned or forfeited.

(f) The department may grant a proposed change, or issue a change permit allowing the proposed use change, in whole or part, subject to conditions that the department considers necessary in order to avoid injury to the water rights of other persons or to the public interest.

(g) If a change permittee demonstrates that the change has been put into effect during the period of time prescribed in 11 AAC 93.120(h), the department will issue an amended certificate to reflect that the water right has changed subject to the terms and conditions imposed by the department.

(h) The department will record any amended certificate in the appropriate recorder's office.

History

Authority: AS 46.15.020; AS 46.15.160
Eff. 12/29/79, Register 72; am 11/7/90, Register 116; am 8/20/2004, Register 171; am 7/1/2018, Register 227

11 AAC 93.940 Procedure on abandonment and forfeiture

(a) Except as provided in (f) of this section, if the commissioner has reason to believe that all or part of an appropriation has been abandoned or forfeited, the certificate holder will be notified that the commissioner intends to revoke the certificate for nonuse, to the extent of the nonuse. The revocation notice will be sent by certified mail, return receipt requested, to the last known address on record with the department.

(b) If the certificate holder desires to retain the appropriation, the certificate holder must file an objection within 30 days after receipt of the revocation notice. The certificate holder has 60 days after the date the objection is filed to submit proof that the appropriation has been neither abandoned nor forfeited. The proof must be in writing, and may include statements or affidavits, sworn testimony of witnesses, documents, and other relevant evidence. The commissioner will, in his or her discretion, hold a hearing in order to gather additional information, evidence, or testimony on the proposed revocation.

(c) If the proof substantiates that the appropriation has not been abandoned or forfeited, the commissioner will rescind the revocation notice. The holder will be notified of the decision by certified mail.

(d) If the proof does not substantiate that the appropriation has been neither abandoned nor forfeited, the commissioner will declare the appropriation abandoned or forfeited and revoke the certificate in whole or in part depending on the extent of nonuse. The commissioner will record the decision, and any amended certificate, in the appropriate recording office. In addition, the commissioner will, in his discretion, secure a court order for the removal of the works of appropriation.

(e) If necessary, the commissioner will, in his or her discretion, require a record of use to be submitted on a specified regular basis.

(f) If a certificate holder voluntarily relinquishes his or her water right by submitting a notice of relinquishment or a signed, notarized letter stating that all or part of the water right is being relinquished and stating the amount being relinquished, the notice requirement under (a) does not apply and the water right will be considered abandoned. The certificate will be revoked in whole or in part, and a copy of the revocation decision will be sent to the certificate holder. Any amended certificate will be recorded by the commissioner in the appropriate recorder's office.

History

Authority: AS 46.15.020; AS 46.15.145 AS 46.15.140; AS 46.15.160
Eff. 12/29/79, Register 72; am 9/11/83, Register 87; am 11/7/90, Register 116

11 AAC 93.950 Recording of instruments

The department will, at the certificate holder's expense, record certificates issued under this chapter in the appropriate recorder's office.

History

Authority: AS 46.15.020; AS 46.15.160; AS 46.15.170
Eff. 12/29/79, Register 72; am 9/11/83, Register 87; am 11/7/90, Register 116; am 8/20/2004, Register 171

11 AAC 93.960 Disclaimer of liability

The State of Alaska and the department, its agents, and employees are not liable for any claims arising out of activities conducted under a permit or certificate issued under this chapter, brought by the holder or owner of it or any third party. Neither this chapter nor any permit or certificate issued under it is intended as a waiver of sovereign immunity or of the state's immunity under the 11th amendment to the United States Constitution.

History

Authority: AS 46.15.010; AS 46.15.020
Eff. 12/29/79, Register 72; am 11/7/90, Register 116

11 AAC 93.970 Definitions

Unless the context indicates otherwise, in this chapter

(1) "adjudication" means the administrative determination of the validity and amount of a water right and includes the settlement of conflicting claims among competing appropriators of record;

(2) "certificate of appropriation" means an instrument granting the owner the right to appropriate water, subject to the terms and conditions contained in it;

(3) deleted 11/7/90;

(4) "commissioner" means the commissioner of natural resources, or the commissioner's delegate;

(5) deleted 11/7/90;

(6) deleted 11/7/90;

(7) "declaration of appropriation" or "grandfather right" means a formal claim to a water right acquired under law or custom before July 1, 1966, in existence on that date, and filed with the department within the designated filing period;

(8) "department" means the Department of Natural Resources;

(9) "division" means the division of mining, land and water within the Department of Natural Resources;

(10) "ground water" is any water, except capillary moisture, beneath the land surface or beneath the bed of a stream, lake, reservoir, or other body of surface water within the boundaries of the state, whatever may be the geologic formation or structure in which the water stands, flows, percolates, or otherwise moves;

(11) "permit to appropriate water" means an instrument granting the holder the right, limited to a definite period of time and subject to the terms and conditions contained in it, to construct works necessary to the appropriation of water and to establish a beneficial use;

(12) "priority" as between lawful appropriators means that first in time is first in right;

(13) "public interest" means public interest as determined by the criteria set out in AS 46.15.080;

(14) repealed 8/20/2004;

(15) deleted 11/7/90;

(16) deleted 11/7/90;

(17) "well" means an artificial opening or artificially altered natural opening by which ground water is sought or through which ground water flows under natural pressure or is artificially withdrawn, but does not include a hole or shaft drilled or dug for the purpose of exploration or production of oil, gas, or valuable minerals unless the hole or shaft is actually used for the production of water;

(18) "certificate of reservation" means an instrument granting a reservation of water subject to the terms and conditions contained in it;

(19) "instream flow" means the amount of water flowing past a given point during one second;

(20) "reservation of water" means to appropriate water for maintaining a specified instream flow or level of water at a specified point on a stream or water body or in a specified part of a stream or water body for specified periods of time and for one or more permissible purposes;

(21) "methodology" means the scientific or technical procedures used to quantify water;

(22) "water body" means surface water in a depression of land, including intragravel water or sloughs, that is supplied from drainage, upwellings, springs, or groundwater;

(23) "stream" means any body of flowing water, including a river, creek, or tributary;

(24) "afy" means acre-feet per year;

(25) "appropriators of record" means holders of permits to appropriate water, certificates of appropriation, certificates of reservation, or change permits;

(26) "appurtenant" means that a permit or certificate to appropriate is legally attached to the land or place where the water is beneficially used, unless the water right is severed under AS 46.15.160;

(27) "aquifer" means any geologic formation that will yield water to a well in sufficient quantity for beneficial use;

(28) "aquifer system" means a heterogeneous body of interlayered permeable and poorly permeable material that functions regionally as a water-yielding hydraulic unit and comprises two or more permeable beds (aquifers) separated at least locally by aquatards (confining units) that impede ground water movement but do not greatly affect the regional hydraulic continuity of the system;

(29) "cfs" means cubic feet per second;

(30) "drainage basin" means a natural, distinct, and independent hydrologic area; surface or subsurface or both; confined or unconfined;

(31) "gpd" means gallons of water per day;

(32) "gpm" means gallons of water per minute;

(33) "non-consumptive water use" means the instream use of water, or the diversion of water where the quantity of water diverted is not diminished except by evaporation or transpiration and the water is returned to its original source at the original point of diversion immediately after its use;

(34) "reasonably acquire" means that a permittee or certificate holder can acquire adequate water to fulfill the purposes of the appropriation from the source of water for which the water right is permitted or certificated, even though changes in the condition of water occurrence have taken place as a result of the withdrawal of water by later appropriators;

(35) "seawater" means water, taken from the sea or ocean, with a salinity of 35 parts per thousand or greater;

(36) "statement of beneficial use" means a notarized statement of the actual quantity of water being used from a permitted source of water for a specific purpose;

(37) "water source" means a water body, lake, stream, aquifer, or ice;

(38) "unduly affected" means that a prior appropriator loses the ability to reasonably acquire an adequate quantity of water to fulfill the purposes of the appropriation from the water source from which the water right is permitted or certificated, except that a prior appropriator has not been unduly affected if water can reasonably be obtained by installing more efficient diversion works for the withdrawal of water or by performing effective routine repair and maintenance of diversion works or water well equipment in order to allow for the full development of the water resource.

History

Authority: AS 46.15.020; AS 46.15.050; AS 46.15.133 AS 46.15.040; AS 46.15.080; AS 46.15.145
Eff. 2/8/67, Register 23; am 12/29/79, Register 72; am 9/11/83, Register 87; am 11/7/90, Register 116; am 9/16/92, Register 123; am 8/20/2004, Register 171; am 7/7/2024, Register 251

Chapter 94 Trapping Cabin Construction Permits

11 AAC 94.010 Application for permit

(a) Application for a trapping cabin construction permit must be made on a form provided by the division and must include the following:

(1) a declaration that each of up to three cabins is needed for the applicant's operation of an established trapline;

(2) evidence that the applicant has a current, valid state trapping license;

(3) evidence of the applicant's regular use of the established trapline, such as tax returns or fur receipts showing previous income derived from trapping, or official records of the Department of Fish and Game, or signed statements by witnesses or officers of the Department of Fish and Game or the division of fish and wildlife protection of the Department of Public Safety;

(4) identification of the established trapline and each cabin site on a United States Geologic Survey Map, 1:63360 scale or its equivalent;

(5) an agreement by the applicant to assume full responsibility for forest fire protection, the cabin structure and area within 150 feet of it, and full liability for any damages resulting from his negligence; and

(6) the notarized signature of the applicant.

(b) The combined application and permit fee prescribed by 11 AAC 05.180 must accompany each application.

History

Authority: AS 38.05.035; AS 38.95.080
Eff. 11/6/77, Register 64; am 3/30/83, Register 85; am 1/1/86, Register 96; am 7/1/2018, Register 227

11 AAC 94.020 Cabin location

No application will be accepted

(1) for the construction of trapping cabins on state land which is scheduled or nominated for subdivision disposal by the department;

(2) for the use of an existing cabin on general grant land which is not vacant, unappropriated, or unreserved; or

(3) for cabins which are within two miles of an existing trapping cabin or site unless a physical barrier such as a mountain range or a major river separates the two sites, or within 10 miles of a road ordinarily useable by automobiles during the trapping season.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64; am 3/30/83, Register 85

11 AAC 94.030 Issuance of permit

Repealed 1/1/86.

11 AAC 94.210 Number of cabins allowed an applicant

No more than three cabins may be permitted to a qualified individual.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64

11 AAC 94.220 Seasonal use and license requirement

Each cabin must be used at least during alternating trapping seasons by the permittee. The permittee must possess a valid trapping license every year.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64

11 AAC 94.230 Rental of cabin

The cabin may not be rented out for any purpose.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64

11 AAC 94.240 Permit transferability

A cabin permit is not transferable. All interests in the cabin and cabin site revert to the state when the permit is terminated for any reason.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64

11 AAC 94.250 Number and size of structures

On each cabin site no other structure except a single cabin, worksheds, caches, and outbuildings may be erected. All structures must be within a 150-foot radius of the cabin. The floorspace of the cabin may not exceed 400 square feet and the combined size of all outstructures may not exceed 192 square feet.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64; am 3/30/83, Register 85

11 AAC 94.260 Waste disposal

Where and when practicable, all garbage and waste must be burned or incinerated and the inert residues and other noncombustibles buried and covered with at least one foot of compacted soil; and putrescible wastes, such as food wastes or animal carcasses, that are not incinerated shall be buried or covered with at least four feet of compacted soil. All garbage or waste that cannot be burned or buried shall be packed out to a site where it can be burned or buried satisfactorily. The cabin and surrounding area must be kept clean, tidy, and litter free.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64

11 AAC 94.310 Renewal of permit

A trapping cabin permit is valid for 10 years and will be renewed each 10 years if all conditions of the permit are met and the cabin or the use of the cabin does not conflict with other land uses planned by the division. A permit which is not renewed terminates.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64; am 3/30/83, Register 85

11 AAC 94.320 Violation of regulations

Any violation of a regulation in this chapter by the permittee will, in the director's discretion, be considered cause for cancellation of the trapping cabin permit and forfeiture of the cabin and structures, and the filing and permit fees.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64

11 AAC 94.330 Optional removal of cabin

If a cabin and related structures are not removed by permit holder from a cabin site within 90 days after termination of a permit, the cabin and structures shall become the property of the division.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64

11 AAC 94.410 Definitions

In this chapter

(1) "director" means the director of the division or his designee;

(2) "division" means the division of lands of the Department of Natural Resources;

(3) repealed 3/30/83.

History

Authority: AS 38.95.080
Eff. 11/6/77, Register 64; am 3/30/83, Register 85

Chapter 95 Forest Resources and Practices

Article 1 Introductory and Notification Provisions

11 AAC 95.010 Forest Resources and Practices

11 AAC 95.010. - 11 AAC 95.180. Repealed 6/10/93.

11 AAC 95.185 Forest Resources and Practices

11 AAC 95.185. Purpose and relationship to other laws. (a) This chapter implements and interprets AS 41.17 (Forest Resources and Practices). For land outside riparian areas, the purpose of this chapter is to provide protection of important public resources, maintain an economically viable timber industry, prevent or minimize significant adverse effects of soil erosion and mass wasting on water quality and fish habitat, and ensure reforestation to the fullest extent practical, taking into account the economic feasibility of timber operations. For riparian areas, the purpose of this chapter is to protect these areas from significant adverse effects of timber harvest activities on fish habitat and water quality, taking into account the economic feasibility of timber operations. (b) For all lands, the operations recognized under this chapter shall be conducted in a manner that does not cause or constitute a substantial factor in causing a degradation of water quality. (c) The best management practices identified in this chapter for operations conducted under this chapter are the sole enforcement mechanism for violations of water quality standards. Data collected under 11 AAC 95.825 will be used to revise the best management practices as necessary to attain and maintain water quality standards. (d) Nothing in this chapter affects the applicability of 18 AAC 70.015 or precludes the Department of Environmental Conservation from granting a variance from the antidegradation requirements of 18 AAC 70.010(c) and the water quality criteria of 18 AAC 70.020(b) for a project in accordance with the requirements of 18 AAC 70.015. A Department of Environmental Conservation variance does not relieve a forest manager, forest landowner, timber owner, or operator from meeting the requirements of (b) of this section or any other provision of this chapter. (e) For state managed lands, the purpose of this chapter is also to ensure that forest land is administered for the multiple use of all resources and to ensure the sustained yield of renewable resources. This purpose is achieved through the provisions of this chapter in conjunction with AS 38 and appropriate land use plans. (f) The purposes of this chapter are achieved by establishing measurable forestry standards, and providing the capability to tailor those standards to particular field conditions. (g) Repealed 12/27/2012. (h) The regulations adopted in this chapter, as approved by the Department of Environmental Conservation, establish the review, riparian, monitoring, and field operation standards that, in conjunction with additional non-regulatory forestry components of the Department of Environmental Conservation's federally approved nonpoint source pollution control program under the 33 U.S.C. 1329 (Clean Water Act, sec. 319), as amended February 4, 1987, constitute the nonpoint source pollution control requirements for activities recognized in this chapter.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.115 AS 41.17.055; AS 41.17.098; AS 41.17.900
Eff. 6/10/93, Register 126; am 12/27/2012, Register 204

11 AAC 95.190 Forest Resources and Practices

11 AAC 95.190. Applicability. (a) The provisions of this chapter apply to an operation on state land, other public land, or private forest land if all of the following criteria are met: (1) the operation is on forest land as defined in AS 41.17.950; (2) the operation involves any of the following activities: (A) harvesting, including felling, bucking, yarding, decking, hauling, log dumping, log transfer, log rafting, and related road construction, reconstruction, improvement, or maintenance; (B) road construction or reconstruction, material source development, and, maintenance of an existing road or bridge not within the operation area, but connected with, the harvesting operation; (C) site preparation; (D) precommercial thinning; (E) slash treatment; or (F) any other activity leading to, or connected with commercial timber harvest; and (3) a commercial operation that intersects, encompasses, or borders on surface waters or a riparian area, or that, for a single landowner or operator, equals or exceeds in the aggregate the following acreage: (A) 10 acres in Region I; (B) 40 acres in Region II; or (C) 40 acres in Region III for landowners who own more than 160 acres in total; if a landowner has a total ownership of 160 acres or less, then an operation on any of that 160 acres or less is not a commercial forest operation. (b) A land use conversion involving a commercial forest operation that meets the criteria in (a) of this section must meet the requirements of 11 AAC 95.200.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.900 AS 41.17.055; AS 41.17.098
Eff. 6/10/93, Register 126

11 AAC 95.195 Forest Resources and Practices

11 AAC 95.195. Clearing of spruce trees. (a) Notwithstanding the provisions of 11 AAC 95.190, in order to minimize the spread of destructive forest insects and reduce the risk of wildfire, a landowner in Region II or III shall perform, unless notified by the division, one or more of the practices identified in (b) of this section within one year of clearing spruce trees, other than black spruce. A landowner in Region I must perform one or more of the practices identified in (b) of this section if notified by the division. (b) The following practices may be performed to comply with (a) of this section: (1) spruce trees or limbs greater than five inches in diameter may be disposed of by manufacturing into cants, lumber, houselogs, chips, or firewood; (2) spruce trees or limbs greater than five inches in diameter may be disposed of by burning, subject to applicable regulations; (3) downed and removed spruce trees or limbs greater than five inches in diameter may be treated or stored in an appropriate manner, if they are not burned, manufactured, or otherwise used in a way that will prevent the spread of bark beetles; (4) spruce limbs greater than five inches in diameter may be dried by uniform scattering in areas open to sunshine if they are not burned or chemically treated. (c) The division will, in its discretion, approve other methods for disposal or treatment of downed spruce trees to minimize the spread of bark beetles or reduce the risk of wildfire. (d) If notified by the division, a landowner must provide a slash management plan that addresses the requirements of this section.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.136 AS 41.17.055; AS 41.17.082
Eff. 6/10/93, Register 126; am 2/24/2000, Register 153

11 AAC 95.200 Forest Resources and Practices

11 AAC 95.200. Land use conversion. (a) The requirements of 11 AAC 95.260 - 11 AAC 95.390 do not apply if a landowner intends to convert forest land to another use within five years after timber harvest and the land is converted or in the process of conversion within five years. (b) If, five years after timber harvest, the land is not converted or actively in the process of conversion, a landowner shall meet the reforestation requirements of 11 AAC 95.375 - 11 AAC 95.390 within three years. (c) If, as part of a land use conversion, a landowner intends to begin a commercial forest operation subject to 11 AAC 95.190, the following notification provisions apply: (1) if the land use conversion is within a borough or municipality and the borough or municipality has granted a plat approval, a building permit, or other authorization for that specific land use, the operator is not required to notify the division; zoning of the land does not constitute an authorization; (2) if the land conversion has not been authorized by a borough or municipality, the landowner shall notify the division before beginning the operation. (d) If the division finds that a forest landowner has provided false information about the owner's intention to convert forest land as stated in the notice under (c)(2) of this section, the division will, in its discretion, require full compliance with AS 41.17.

History

Authority: AS 41.17.010; AS 41.17.055; AS 41.17.080
Eff. 6/10/93, Register 126

11 AAC 95.210 Forest Resources and Practices

11 AAC 95.210. Voluntary plan of operations. (a) If a forest landowner, timber owner, or operator provides a voluntary plan of operations under AS 41.17.090 describing long term plans for timber harvesting, the division will, within 10 days after receipt of the plan, distribute a copy of the voluntary plan of operations to each agency. The division will distribute summary information to persons on the mailing list established under 11 AAC 95.225(a). (b) In addition to the distribution under (a) of this section, within 60 days after a voluntary plan of operations has been filed, the division will review the voluntary plan of operations and provide a written response to the forest landowner, timber owner, or operator. The division will not consider any comments received more than 45 days after the date of filing of the voluntary plan of operations. The division response to a voluntary plan of operations will identify areas of concern, provide local knowledge, and early notice of potential problems, including any conflicts with AS 41.17 and this chapter. The specificity of the division response will depend upon the quality and type of information supplied by the forest landowner, timber owner, or operator. The division will send a copy of all comments to the forest landowner, timber owner, or operator.

History

Authority: AS 41.17.010; AS 41.17.080 AS 41.17.055; AS 41.17.090
Eff. 6/10/93, Register 126

11 AAC 95.220 Forest Resources and Practices

11 AAC 95.220. Detailed plan of operation. (a) Before beginning an operation on forest land, the operator shall file a detailed plan of operations with the state forester at the area office of the division with jurisdiction over the geographic area in which the operations will occur. A detailed plan of operations must be submitted on a form provided by the division and must include the following information: (1) subject to the requirements of (b) of this section, the name, address, and approving signatures of the forest landowner, timber owner, and operator; (2) a 1:63,360 scale USGS quadrangle map showing the area of operation and suitable for black and white duplication on 8-1/2 by 11-inch paper; (3) four copies of a map at a scale providing the most detail available showing the proposed operation, including unit boundaries; (4) the dates that the operation is expected to begin and end; (5) the following surface water information: (A) the location and, if applicable, the classification according to 11 AAC 95.265, of known surface waters that abut or are within harvest units; (B) the approximate location of proposed stream crossings; a stream crossing must be designed and constructed in accordance with 11 AAC 95.300 and 11 AAC 95.305; (C) the approximate location of stream crossings requiring approval by the Department of Fish and Game under AS 16.05.871; (D) the approximate location of surface waters for which the operator requests the deputy commissioner determine or verify the presence of fish by a field inspection; and (E) within harvest units along Type II-A and II-B water bodies, the location of outer bends subject to erosion; (6) the boundaries of cutting units, harvest techniques, and, where known, the yarding techniques and location of landings; (7) the following roading information: (A) the approximate location of a mainline or spur road and whether the road is intended to be permanent or temporary; (B) any road to be closed in accordance with 11 AAC 95.320 during the period of operation; (C) where known and consistent with 11 AAC 95.285(b), any known road to be located in a riparian area for a reason other than a water crossing; and (D) in Regions II and III, where known, the approximate location of any winter road intended to be used for more than one winter; (8) to the extent known, the approximate location of a material extraction site as provided for in 11 AAC 95.325; (9) the following slope information for areas that are located in cutting units or are traversed by roads: (A) any known unstable area; for the purposes of identifying unstable areas under this subparagraph, the operator shall consider sites with slopes generally in excess of 50 percent gradient, where one or more of the following indicators exist: (i) landslide scars; (ii) jack-strawed trees; (iii) gullied or dissected slopes; (iv) a high density of streams or zero-order basins; in this sub-subparagraph, "zero-order basin" means a source basin for a headwater stream; (v) evidence of soil creep; (B) slope gradient greater than 67 percent; and (C) where known, the site-specific erosion prevention measures developed under 11 AAC 95.290(a); (10) reforestation and site preparation methods; (11) repealed 6/8/2007; (12) the location of log transfer and sort yard facilities; (13) where applicable, measures to be taken for control of insect infestation or disease outbreak; (14) any requests for variation from riparian standards, or as known, any other request for variation from standards under 11 AAC 95.235 or 11 AAC 95.240; requests for variation from riparian standards under 11 AAC 95.235 must include the following information: (A) in Region I, (i) a map at 1:12,000 scale or finer that clearly shows the anadromous fish water body and the approximate location of the requested, numbered trees; (ii) a list of requested trees giving the species, DBH, and distance to ordinary high water mark (OHWM) of each tree; (iii) length of reach along which the variation trees are requested; (iv) the surface water body classification type and average channel width of the reach along which the variation trees are requested; (v) the number of stems 12 inches DBH or greater in the riparian retention area of the reach along which the variation trees are requested; and (vi) the percentage of stems 12 inches DBH or greater within the reach for which any variation is sought that the operator is requesting to harvest, and that were harvested under a prior variation request, if any; (B) in Regions II and III, (i) a map at 1:12,000 scale or finer that clearly shows the anadromous or high value resident fish water body and the approximate location of the requested trees; (ii) length of reach along which the variation trees are requested; (iii) the surface water body classification type and average channel width of the reach along which the variation trees are requested; (iv) a description of the species and the DBH range of the trees requested for harvesting; (v) the minimum distance from OHWM to the proposed variation harvest; and (vi) the percentage of trees nine inches DBH or greater within the reach for which any variation is sought that the operator is requesting to harvest, and that were harvested under a prior variation request, if any; (15) the sum total of new road construction; and (16) a summary of the detailed plan of operation submitted on a summary form provided by the division. The depicted Plan of Operations Summary shall be accompanied by a map 8-1/2" x 11" in size fairly describing the site of operation and the general locale of the operating site. (b) For the purpose of (b)(1) of this section, a corporation must be identified by a copy of the corporation's certificate of incorporation and articles of incorporation showing the corporation's name, state of incorporation, and identities of the registered agent, president, vice president, secretary, and treasurer. A limited partnership must be identified by a copy of the limited partnership agreement, by evidence of filing of the limited partnership in the real property records as required by AS 32.11.010(a), and by the names and addresses of all general partners. A general partnership or joint venture must be identified by documentation showing the (1) proper name of the partnership or joint venture; (2) date that the partnership or joint venture was formed; (3) mailing address of the partnership or joint venture; (4) physical address of the partnership or joint venture; (5) names and titles of persons authorized to act for the partnership or joint venture; and (6) names and addresses of all partners or all parties to a joint venture. (c) The period for review of a detailed plan of operations as provided for under AS 41.17.090(b) begins on the day that the area office of the division receives a completed detailed plan of operations. However, the review period will not begin if the state forester determines that the detailed plan of operations does not include the information required in (a) of this section, or the summary provided under (a)(16) of this section is not suitable for black and white duplication. Within five days of receiving the initial detailed plan of operations, the state forester will notify the operator if the detailed plan of operations is incomplete or if the summary is unsuitable for duplication. (d) For operations conducted in Region I, the detailed plan of operations will be accepted only for those portions of the operation that the operator states will be completed by December 31 of the year for which the plan is submitted. If an operation in the detailed plan of operations is not completed by December 31 of the year for which the plan is submitted, and the operator plans to continue the operation, the detailed plan of operations must be renewed and reflect any change in or addition to the operations. (e) For operations conducted in Region II or III, the detailed plan of operations must specify the beginning month and year covered by the plan; an approved plan will expire 12 months after the date specified. If an operation in the detailed plan of operations is not completed within that 12-month period and the operator plans to continue the previously reviewed operation, the detailed plan of operations must be renewed. (f) Renewal of a detailed plan of operations is not subject to the review periods required in AS 41.17.090(e). To renew a detailed plan of operations, the operator shall submit a letter of intent to renew at the area office where the detailed plan of operations was originally submitted.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.900 AS 41.17.055; AS 41.17.087 AS 41.17.060; AS 41.17.090
Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170; am 6/8/2007, Register 182; am 9/25/2013, Register 207

11 AAC 95.225 Forest Resources and Practices

11 AAC 95.225. Review of a detailed plan of operations. (a) A person desiring to receive an operations summary submitted under 11 AAC 95.220(a)(16) for plans submitted during a calendar year must file a written request with the division to be placed on the mailing list for that calendar year. A mailing list expires at the end of the calendar year. A person may inspect a complete detailed plan of operations during regular business hours in the division office where the plan was submitted. (b) A detailed plan of operation will be distributed in accordance with AS 41.17.090(d). The state forester will distribute a copy of the Detailed Plan of Operations Summary and accompanying map provided by the operator to each person on the mailing list established under (a) of this section. (c) The state forester will consider agency comments on a detailed plan of operations only if they are timely and directly pertain to the compliance of the operation with applicable standards established by AS 41.17 or this chapter. (d) The state forester will provide a written review of a detailed plan of operations consistent with the timeliness and purposes of AS 41.17.090(e) and (f). The state forester need not consider any comments received more than 20 days after the date of filing of a detailed plan of operations, or more than five days after notice of an elevation under (e) of this section. The state forester will forward copies of all comments to the forest landowner. (e) If the state forester determines that an agency recommendation will not be addressed in the state forester's written response to the landowner, the state forester will first notify the commenting agency. If, before the expiration of the review period under this chapter, an agency requests that a disagreement be elevated to a higher level of authority within the agency under AS 41.17.098(f), the state forester will notify the operator that the particular portion of the plan that is the subject of the disagreement may not begin until the 41st day after the plan was filed, or until the state forester renders a decision, whichever occurs first. A request for an elevation must be in writing, and must set out the factual basis for the need to elevate the disagreement. A request for an elevation, and the department's response, must be promptly served on the operator. The operator will be allowed to participate at every step in the elevation process.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.098 AS 41.17.055; AS 41.17.090; AS 41.17.143
Eff. 6/10/93, Register 126

11 AAC 95.230 Forest Resources and Practices

11 AAC 95.230. Change in operations. (a) An operator shall notify the state forester of a change in operations from those described in the finalized detailed plan of operations that is likely to cause significant adverse impact to fish habitat or surface water quality. Changes in operations that require agency review include: (1) a new or reconstructed bridge, road segment, or material disposal site that crosses surface waters, abuts a riparian area; or is on unstable soils; (2) a new or modified activity in a riparian area; or (3) the ten acres or more increase of a cutting unit. (b) Upon receipt of a notice of a change in operations, the division will promptly review the proposed change, either in the field or in the office, and notify the operator of the time required for complete review. The division may take up to fifteen days for its review. (c) The state forester will coordinate the review with the other agencies. A review of a change and an agency decision made under this section will be conducted in accordance with AS 41.17.098. If the state forester determines that a change in operations is a substantial change, the operator shall revise the detailed plan of operations and submit it to the state forester for review under 11 AAC 95.220 and 11 AAC 95.225. (d) An operator shall promptly inform the state forester when a previously unknown anadromous fish water body is discovered within an area covered by a detailed plan of operations. The state forester will review the activities to be conducted within the riparian area of that water body in accordance with (b) of this section; however, discovery of such a water body will not be considered a substantial change. Operations in the vicinity of a newly discovered anadromous water body must be consistent with other regulations of this chapter, including 11 AAC 95.265(e). (e) In this section, "substantial change" means a change in operations of sufficient scope so as to require a full 30-day review; "substantial change" includes the inclusion of a new harvest unit and the construction of a road accessing a new area; "substantial change" does not include a change made in response to an agency request, or a change made in response to field conditions that is intended to accomplish an operation included in the detailed plan of operations.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.098 AS 41.17.055; AS 41.17.090
Eff. 6/10/93, Register 126

11 AAC 95.235 Forest Resources and Practices

11 AAC 95.235. Variation procedures. (a) In accordance with AS 41.17.098, the state forester will either process a request for a variation under AS 41.17.087 at the same time that the detailed plan of operations is reviewed, using the procedures set out in 11 AAC 95.220 and 11 AAC 95.225, or will process a request for variation as a change in operations using the procedures set out in 11 AAC 95.230. (b) When requesting a variation under this section, an operator shall list any additional practices or measures that will be used. (c) The state forester will, in the state forester's discretion, grant a variation if the variation is needed to conduct a scientific experiment designed to further the knowledge of appropriate forest management and that evaluates the effectiveness of various forest practices in achieving the objectives of AS 41.17. On or before February 1 of each year, the state forester will prepare and transmit to the Board of Forestry an annual report of all variations applied for under this section within the previous calendar year and the action taken on each application. (d) In evaluating a request for a variation to harvest timber in a riparian retention area under AS 41.17.087(a), the state forester will consider the impact of the harvest on non-merchantable trees within the riparian retention area, and will, in the state forester's discretion, condition and document the variation authorization in order to protect non-merchantable trees that are important to maintain fish habitat and water quality. (e) In evaluating a request for a variation to reforestation stocking distribution standards under 11 AAC 95.375(d)(5), the state forester will consider non-stackable areas and long-term and short-term site conditions.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.098 AS 41.17.055; AS 41.17.087
Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170; am 3/9/2017, Register 221

11 AAC 95.240 Forest Resources and Practices

11 AAC 95.240. Variation from requirements in areas adjoining a small streamside zone in Region I. (a) Under AS 41.17.087(b), the department grants a general variation for activities, including timber harvest, in small streamside zones on private land in Region I. A small streamside zone is a riparian area adjacent to a Type I-A water body with a width of six and one-half feet or less as determined by actual measurement between the ordinary high water marks. (b) The general variation granted in (a) of this section is in addition to any site-specific variation available under AS 41.17.087(a) and 11 AAC 95.235. (c) If the state forester determines a general streamside zone variation under this section is likely to cause significant harm to fish habitat or water quality due to site specific conditions, a general variation is not available. A landowner may request a site specific variation under AS 41.17.087(a) and 11 AAC 95.235. When making a decision under this section, the state forester will give due deference to the Department of Fish and Game and Department of Environmental Conservation in accordance with AS 41.17.098. (d) The following standards shall apply in a small streamside zone in Region I: (1) an operator may not fell a tree that stands within 25 feet of the stream as measured from the ordinary high water mark; (2) in the area between 25 feet and 66 feet of the ordinary high water marks of the stream, the operator may harvest up to (A) 25 percent of all standing qualifying trees; and (B) 25 percent of all downed qualifying trees within the riparian retention area adjacent to the stream; for land east of the most westerly point of Cape Suckling, the total number of qualifying trees includes all timber with a diameter of 12 inches DBH or more; for land west of the most westerly point of Cape Suckling, the total number of qualifying trees includes all timber with a diameter of eight inches DBH or more; the landowner requesting a variation under this section shall calculate the number of qualifying trees using the following method, and provide this information to the state forester: (i) Step 1. over the reach from which variation trees are requested to be removed, identify and count all qualifying standing trees, and as a separate count, all qualifying downed trees, between the ordinary high water mark (OHWM) and 66 feet from the OHWM. For land each of the most westerly point of Cape Suckling, qualifying trees are 8 inches DBH or greater; when calculating qualifying trees, each streambank is considered a separate reach; (ii) Step 2. multiply the number of qualifying trees in Step 1 by 0.25 for each category for example, standing trees as compared to downed trees; (iii) Step 3. within the defined reach, up to the number of trees calculated in step 2 may be felled, killed, or harvested; trees that are felled, killed, or harvested must by qualifying trees and must be more than 25 feet from the OHWM; (3) when choosing a tree to harvest or retain under this subsection, preference should be given to retaining a tree that (A) has the dominant crown on the streamside of the tree and is a primary source of shade to the stream; (B) is on the windward side of the prevailing wind throw pattern and closest to the stream; and (C) leans toward the stream channel and is a likely source of woody debris; (4) felling, bucking, and yarding must comply with the following standards: (A) a tree must be directionally felled away from a Type I-A water body; however, if directional felling cannot be accomplished, and topography or safety requirements indicate a need to fell across a Type I-A water body, that felling and yarding must be conducted in a manner that minimizes sedimentation of the water body and disturbance of the riparian area; felling and bucking must also be accomplished in accordance with 11 AAC 95.355(a); (B) for cable yarding systems in which the leading edge of the log is not suspended, the leading edge of the log must extend outside the riparian area in accordance with 11 AAC 95.360; (C) where site-specific conditions require, and where consistent with safety standards, jacking and pulling of a standing tree must be used to prevent felling a tree into the stream or damaging retained timber; (5) the tracks or wheels of a skidder, logging shovel, or other piece of heavy equipment may not be operated within 33 feet of the streambank in accordance with 11 AAC 95.365; (6) tree removal must be done in a way that minimizes damage to retained trees and understory vegetation within the riparian zone; (7) use of a tailhold, corner block, or lift tree must be done in accordance with 11 AAC 95.275.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.098 AS 41.17.055; AS 41.17.087
Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170

11 AAC 95.245 Forest Resources and Practices

11 AAC 95.245. Inspections. (a) For the purposes of AS 41.17.120, the division shall coordinate agency inspections under this chapter. An agency may request that the division schedule an inspection or the division may initiate an inspection. If requested, the division shall schedule the inspection, or deny the agency's request and provide a response to the agency stating the reasons for denying the request. An agency disagreement concerning whether to schedule an inspection under this section is subject to elevation under AS 41.17.098(f). (b) If the state forester requires a field inspection under AS 41.17.090(f), an operator shall inform the division when the site will be available for an inspection. To be available for an inspection, a site must be accessible by mechanized means to within one mile of the activity or proposed activity and, except for a winter logging operation, the site must be free of significant snow cover. For a winter logging operation the feature to be inspected must be locatable or be adequately marked. (c) The division shall make every reasonable effort to notify the operator's representative of a pending inspection at least five days in advance of the inspection and to give the operator the opportunity to accompany state personnel during the inspection. (d) A written forest operation inspection report shall be prepared by the forest practices forester after each inspection and must be distributed to the operator, forest landowner, timber owner, and agencies. The forest practices forester may provide the report to the operator before leaving the site.

History

Authority: AS 41.17.010; AS 41.17.080; AS 41.17.120 AS 41.17.055; AS 41.17.098; AS 44.17.010
Eff. 6/10/93, Register 126; am 12/27/2012, Register 204

11 AAC 95.250 Forest Resources and Practices

11 AAC 95.250. Hearings. The department will make an electronic recording of all hearings conducted under AS 41.17.131, 41.17.136, 41.17.138, and 41.17.139.

History

Authority: AS 41.17.010; AS 41.17.080 AS 41.17.055; AS 41.17.139
Eff. 6/10/93, Register 126

11 AAC 95.255 Forest Resources and Practices

11 AAC 95.255. Corrective action. On private forest land, state forest land, and other public land as defined in AS 41.17.950, if an operation is resulting, or is likely to result, in a degradation of water quality, notwithstanding compliance with the best management practices established in this chapter, the state forester, with due deference to the Department of Environmental Conservation, will direct the operator, forest landowner, or timber owner to correct the degradation through the use of a directive or stop work order as provided for under AS 41.17.136 and 41.17.138. Failure to comply with a directive or stop work order issued under this section shall subject the violator to a penalty under AS 41.17.131.

History

Authority: AS 41.17.010; AS 41.17.080 AS 41.17.055; AS 41.17.098
Eff. 6/10/93, Register 126

Authority: AS 41.17.010; AS 41.17.115; AS 41.17.119 AS 41.17.055; AS 41.17.116 AS 41.17.080; AS 41.17.118
Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170; am 6/8/2007, Register 182

Authority: AS 41.17.010; AS 41.17.080
Eff. 6/10/93, Register 126; am 6/24/2004, Register 170

Authority: AS 41.17.010; AS 41.17.080 AS 41.17.055; AS 41.17.098
Eff. 6/10/93, Register 126; am 2/24/2000, Register 153

Authority: AS 41.17.010; AS 41.17.055; AS 41.17.080
Eff. 6/10/93, Register 126; am 6/24/2004, Register 170

Authority: AS 41.15.020; AS 41.17.080
Eff. 6/10/93, Register 126; am 6/2/2019, Register 230

Authority: AS 41.15.050; AS 41.17.010; AS 41.17.080 AS 41.15.060; AS 41.17.055; AS 41.17.090 AS 41.15.090; AS 41.17.060; AS 41.17.900
Eff. 2/15/81, Register 77; am 11/21/82, Register 84; am 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170; am 6/8/2007, Register 182; am 12/27/2012, Register 204; am 9/25/2013, Register 207

Chapter 96 Miscellaneous Land Use

Article 1 Provisions for General Land Use Activity

11 AAC 96.005 Purpose

The purpose of this chapter is to manage uses and activities on state public domain land, including shoreland, tideland, and submerged land, in order to minimize adverse effects on the land and its resources.

History

Authority: AS 38.05.020; AS 38.05.035
Eff. 12/7/2002, Register 164

11 AAC 96.007 Applicability

This chapter applies to all land use activities on state land, except

(1) activities authorized under any department-administered lease, oil and gas exploration license, contract, or permit that conveys an interest in land, including a coal prospecting permit, offshore prospecting permit, geothermal prospecting permit, homesite entry permit, and homestead entry permit; and

(2) land that has, by administrative action or by act of the legislature, been reserved from multiple-use management or been withdrawn from the public domain, including a state park or land owned by the University of Alaska.

History

Authority: AS 38.05.020; AS 38.05.132; AS 38.05.850 AS 38.05.035; AS 38.05.133 AS 38.05.131; AS 38.05.300
Eff. 12/7/2002, Register 164

11 AAC 96.010 Uses requiring a permit

(a) On state land, a permit or other written authorization is required for

(1) an activity involving

(A) the use of explosives and explosive devices, except firearms;

(B) uses that are not listed in 11 AAC 96.020 as generally allowed uses;

(D) drilling to a depth in excess of 300 feet, including exploratory drilling or stratigraphic test wells on state land not under oil or gas lease;

(E) geophysical exploration for minerals subject to lease or an oil and gas exploration license under AS 38.05.131 - 38.05.181;

(F) a commercial recreation camp or facility, whether occupied or unoccupied, that remains overnight; or

(G) an event or assembly of more than 50 persons; or

(2) repealed 12/7/2002;

(3) an activity on land subject to a mineral or land estate property interest by a person other than the holder of a property interest, or the holder's authorized representative, if the parties cannot agree on what constitutes reasonable concurrent use.

(b) Repealed 12/7/2002.

History

Authority: AS 38.05.020; AS 38.05.131; AS 38.05.180 AS 38.05.035; AS 38.05.133; AS 38.05.850
Eff. 1/1/70, Register 31; am 3/2/81, Register 77; am 5/8/83, Register 86; am 9/22/95, Register 135; am 12/7/2002, Register 164

11 AAC 96.014 Special use land

(a) This section lists sites and areas of state land that the department has designated, after public notice under AS 38.05.945, as special use land. The department has determined that these sites and areas of land have special scenic, historic, archeological, scientific, biological, recreational, or other special resource values warranting additional protections or other special requirements. Unless otherwise provided in (b) of this section, special requirements applicable to special use land are in addition to requirements applicable to state land under AS 38 and this title.

(b) For the following sites and areas that have been designated as special use land, corresponding special requirements apply as follows:

(1) for the North Slope Area, ADL number 50666, for all state land in townships within the Umiat Meridian, a permit is required for motorized vehicle use, unless that use is for subsistence purposes or is on a graveled road;

(2) for Poker Flat North, ADL number 412457, for land generally described as north of the Steese Highway between Little Poker and Long Creeks, as shown on the map entitled Poker Flat North and South Special Use Areas, dated October 16, 2002, and adopted by reference, rocket and rocket booster impacts as a result of the research conducted at the Poker Flat Rocket Range are allowed in this area without further authorization;

(3) for the Hatcher Pass Special Use Area, ADL number 223585, generally described as those lands designated by AS 41.23.130 and certain lands described in the Hatcher Pass Management Plan, as shown on the maps entitled Hatcher Pass Special Use Area, Map 1 and Map 2, dated March 12, 2012, and adopted by reference,

(A) in the Mile 16 and Government Peak management units and in portions of the Independence, Reed Lakes/Little Susitna, and Archangel management units, as depicted on Hatcher Pass Special Use Area Map 1 as "Non-Motorized (Year)," except for designated roads and parking areas, motorized vehicle use, including landing aircraft, is prohibited all year, except that the department may issue a permit for motorized vehicle use for mineral development, trail construction or maintenance, or a use performed by the department related to the management of the Hatcher Pass Special Use Area or by the Matanuska-Susitna Borough in its development and management of the Southern and Northern Development Areas in the Government Peak management unit, if the department determines that the use would not substantially interfere with recreational use of the area;

(B) within the Bald Mountain Ridge Habitat Area, as depicted on Hatcher Pass Special Use Area Map 1 as "Non-Motorized (Summer)," motorized vehicle use, including landing aircraft, is prohibited after April 30 and before August 2 of each year; during that period, the department may issue a permit for motorized vehicle use for mineral development, trail construction or maintenance, or a use performed by the department in its management of the Hatcher Pass Special Use Area, if the department determines that the use would not negatively affect tundra bird nesting;

(C) in the Summit Lake State Recreation Site, the High Glacier Peaks management unit, and portions of the Independence, Archangel and Reed Lakes/Little Susitna management units, as depicted on the Hatcher Pass Special Use Area Map 1 as "Non-Motorized (Summer)," except for designated roads and parking areas, motorized vehicle use is prohibited after April 30 and before October 2 of each year, except that the department may issue a permit for motorized vehicle use for mineral development, road or trail construction or maintenance, or a use performed by the department related to the management of the Hatcher Pass Special Use Area, if the department determines that the use would not substantially interfere with recreational use of the area;

(D) in the Summit Lake State Recreation Site, the Government Peak and High Glacier Peaks management units, and portions of the Independence, Archangel, and Reed Lakes/Little Susitna management units, as depicted on the Hatcher Pass Special Use Area Map 1, motorized vehicle use is prohibited after October 1 and before May 1 of each year, except that

(i) snowmobile use is allowed once snow depth is sufficient to protect underlying vegetation as determined by the department; in this sub-subparagraph, "snowmobile" has the meaning given in AS 28.39.250; and

(ii) the department may issue a permit for motorized vehicle use for mineral development, road or trail construction or maintenance, or a use performed by the department related to the management of the Hatcher Pass Special Use Area or by the Matanuska-Susitna Borough in its development and management of the Southern and Northern Development Areas in the Government Peak management unit, if the department determines that the use would not adversely affect fragile tundra and soils;

(E) except for within a biathlon range approved by the Matanuska-Susitna Borough and located in the E1/2SW1/4 and the SE1/4 of Section 28 of Township 19 North, Range 1 East, Seward Meridian, a person may not use or discharge a firearm except for a firearm approved by the Matanuska-Susitna Borough for the purposes of biathlon training or competition on a biathlon range approved by the Matanuska-Susitna Borough, in the High Glacier Peaks, Government Peak, Independence, and Mile 16 management units and in portions of the Archangel and Reed Lakes/Little Susitna management units, as shown on the Hatcher Pass Special Use Area Map 2, a person may not use or discharge a firearm except for the purpose of lawful hunting; however, a person may not use or discharge a firearm for any purpose

(i) except for within a biathlon range approved by the Matanuska-Susitna Borough and located in the E1/2SW1/4 and the SE1/4 of Section 28 of Township 19 North, Range 1 East, Seward Meridian, a person may not use or discharge a firearm except for a firearm approved by the Matanuska-Susitna Borough for the purposes of biathlon training or competition on a biathlon range approved by the Matanuska-Susitna Borough, within the Independence State Mine Historical Park, the Summit Lake State Recreation Site, and the Northern and Southern Development areas in the Government Peak management unit;

(ii) except for within a biathlon range approved by the Matanuska-Susitna Borough and located in the E1/2SW1/4 and the SE1/4 of Section 28 of Township 19 North, Range 1 East, Seward Meridian, a person may not use or discharge a firearm except for a firearm approved by the Matanuska-Susitna Borough for the purposes of biathlon training or competition on a biathlon range approved by the Matanuska-Susitna Borough within one-quarter mile of a road;

(iii) in the area between Archangel Road and the motorized winter corridor situated within the Reed Lakes/Little Susitna unit, ending at mile 2.5 of Archangel Road; and

(F) in the Summit Lake State Recreation Site and the High Glacier Peaks, Government Peak, Independence, Mile 16, Archangel, and Reed Lakes/Little Susitna management units, as depicted on the Hatcher Pass Special Use Area Maps 1 and 2, camping is allowed

(i) within officially designated or marked areas; and

(ii) beyond one-quarter mile from any trail or road right-of-way;

(4) for Poker Flat South, ADL number 414364, for land generally described as lying south of the Steese Highway between Davidson Ditch and Captain Creek, as shown on the map entitled Poker Flat North and South Special Use Areas, dated October 16, 2002, and adopted by reference, rocket and rocket booster impacts as a result of the research conducted at the Poker Flat Rocket Range are allowed in this area without further authorization;

(5) for Nushagak, ADL number 226852, described in the Nushagak and Mulchatna Rivers Recreation Management Plan, as public use site 6 within Unit 1, public use site 9 within Unit 3, and public use site 21 within Unit 15, as shown on the map entitled Nushagak Special Use Area, dated October 16, 2002, and adopted by reference, uses of state land not requiring a permit are limited to seven consecutive days; a permit is required for any use that exceeds seven consecutive days;

(6) for the Marmot Island Special Use Area, ADL number 225034, generally described as the east side of Marmot Island and three miles seaward, as shown on the map entitled Marmot Island Special Use Area; dated October 16, 2002, and adopted by reference,

(A) aircraft landings and other motorized vehicle and vessel uses are prohibited in the area marked "Motorized Uses Prohibited" on the Marmot Island Special Use Area map; in the remainder of the special use area, a permit is required for aircraft and boat landings and other motorized uses;

(B) a permit is required for camping or facilities development for scientific or management purposes, or for activities associated with access development; and

(C) camping other than for scientific or management purposes, use of domestic animals, timber harvest, mining, and recreational mining on the beach are prohibited;

(7) for the Kamishak Special Use Area, ADL number 225459, generally described as two parcels at Kamishak Bay, one lying between the McNeil River State Game Sanctuary and Katmai National Park, and the other adjoining the McNeil River State Game Sanctuary and overlying portions of the Katmai National Park boundaries, as shown on the map entitled Kamishak Special Use Area, dated October 16, 2002, and adopted by reference,

(A) between July 15 and September 30, camping in the restricted area between the mouths of the Little Kamishak River and the Kamishak River, as depicted on the Kamishak Special Use Area map, is restricted to commercial recreation camping with a permit; and

(B) float lodges, floathouses, floating camps, and other similar structures are prohibited;

(8) for the Togiak National Wildlife Refuge and Lower Goodnews River, ADL number 226851, generally described as shorelands within Togiak National Wildlife Refuge and lower Goodnews River as described in the Togiak National Wildlife Refuge Public Use Management Plan and Environmental Assessment as shown on the map entitled Togiak National Wildlife Refuge and Lower Goodnews River Special Use Area, dated October 16, 2002, and adopted by reference, setting up and using a camp is allowed as provided in 11 AAC 96.020(a)(4)A), except that the period of use is limited to three consecutive days at any one site; the period of use may be extended by permit;

(9) for the Nenana River Gorge and McKinley Village Subdivision, ADL number 414989, generally described as three parcels near Denali National Park and Preserve, one lying within one-half mile easterly of the eastern boundary of the Parks Highway right-of-way within Township 13 South, Range 7 West, Fairbanks Meridian, as shown on the map entitled Nenana River Gorge Special Use Area, dated October 16, 2002, and adopted by reference, one comprising that portion of Lot 3, United States Survey (USS) 5566 located between the Parks Highway right-of-way, the Old Denali Highway right-of-way, and the access road connecting the two roads within Section 36, Township 14 South, Range 7 West, Fairbanks Meridian, and one comprising Tract B of Alaska State Land Survey (ASLS) 83-194, Village View Subdivision, within Section 36, Township 14 South, Range 7 West, Fairbanks Meridian, a permit is required for setting up and using a camp for personal or commercial purposes;

(10) for Indian Cove, ADL number 105964, generally described as tideland and submerged land within a portion of Township 40 South, Range 65 East, Copper River Meridian known as Indian Cove, as shown on the map entitled Indian Cove Special Use Area, dated October 16, 2002, and adopted by reference,

(A) a permit is required for anchoring a mooring buoy or placing a float, dock, or boat haulout, for an anchoring or placement occurring after March 3, 1993; and

(B) floathouses and boathouses are prohibited;

(11) for Caribou Hills, ADL number 226574, described in the Kenai Area Plan as Units 45A, 45B, and 267 and portions of Units 260B and 266B, as shown on the map entitled Caribou Hills Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(12) for the Alyeska Ski Resort, ADL number 226208, described as lands within subunit 4A of the Turnagain Arm Management Plan, also shown on Attachment A of state land lease ADL number 226089, as shown on the map entitled Alyeska Ski Resort Special Use Area, dated October 16, 2002, and adopted by reference, within the leased area designated the Alyeska Ski Resort Recreational Facility, generally allowed uses as listed in 11 AAC 96.020 may occur if they are compatible with lessee's operations and are in compliance with 11 AAC 20.956;

(13) for Thompson Pass, ADL number 226446, generally described as state land and state-selected land surrounding Thompson Pass and including Tonsina Glacier, Mount Billy Mitchell, Marshall Pass, Woodworth Glacier, and Keystone Canyon, within Townships 5 - 10 South, Ranges 1 East - 4 West, Copper River Meridian, as shown on the map entitled Thompson Pass Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(14) for the Baranof Lake Trail, ADL number 106378, generally described as an area 30 feet on either side of the trail within Township 55 South, Range 66 East, Copper River Meridian, as shown on the map entitled Baranof Lake Trail Special Use Area, dated October 16, 2002, and adopted by reference, a permit is required for commercial recreational hiking on the trail system across state land;

(15) for the Kenai River Special Management Area Proposed Additions, ADL number 226527, generally described as state land, including shoreland and waters, within units as designated by the Kenai River Comprehensive Management Plan, Appendix G, Table 1, Units Affected by Special Use Designation ADL #226527, amended August 30, 2022 and adopted by reference, a permit is required for any disturbance of land that involves clearing trees, brush, or other vegetation;

(16) for Glacier/Winner Creek, ADL number 227203, generally described as those lands designated in the Turnagain Arm Management Plan as subunit 3-A, as shown on the map entitled Glacier/Winner Creek Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(17) for Lower Talarik Creek, ADL number 227445, generally described as the area surrounding the upper portion of the creek within Township 6 South, Range 37 West, Seward Meridian, as shown on the map entitled Lower Talarik Creek Special Use Area, dated October 16, 2002, and adopted by reference,

(A) between August 1 and October 31, setting up and using a camp for personal, noncommercial use is allowed without a permit only in a designated area adjacent to the Department of Fish and Game cabin located in Section 26 and for no more than five consecutive days; and

(B) between August 1 and October 31, commercial recreation activities are limited to day use only, if registration has been completed under 11 AAC 96.018;

(18) for the Kenai Fjords Coastline, ADL number 227836, generally described as tideland and submerged land in and adjacent to Kenai Fjords National Park, Kachemak Bay State Park, and Kachemak Bay State Park and Wilderness, and the islands in the Alaska Maritime National Wildlife Refuge and depicted in the Kenai Area Plan, as shown on the map entitled Kenai Fjords Coastline Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(19) for Resurrection Bay, ADL number 227837, generally described as the tideland and submerged land in Resurrection Bay and depicted in the Kenai Area Plan, as shown on the map entitled Resurrection Bay Special Use Area, dated October 16, 2002, and, adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(20) for Exit Glacier Road, ADL number 227699, described in the Kenai Area Plan as Unit 359A, as shown on the map entitled Exit Glacier Road Special Use Area, dated October 16, 2002, and adopted by reference, setting up and using a camp is allowed as provided in 11 AAC 96.020(a)(4)(A), except that

(A) the period of use is limited to eight consecutive days; moving the use to another site at least two miles away starts a new eight-day period; a person may not relocate a camp, structure, or any related equipment within two miles of the original site for at least 96 hours after the end of the eight-day period for the original site;

(B) trash, garbage, or waste, including human waste, must be removed or properly disposed of in a toilet or trash facility approved by the department; and

(C) the department may close a site to camping if the site is subject to camping for longer than the allowed period, abandoned trash, garbage, or waste, unsanitary conditions, or other recurring problems;

(21) for the Lake Clark Coastline, ADL number 227835, generally described as tideland and submerged land in and adjacent to the Alaska Maritime National Wildlife Refuge and Lake Clark National Park and depicted in the Kenai Area plan, as shown on the map entitled Lake Clark Coastline Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(22) for the Haines State Forest Resource Management Area, ADL number 106858, described as those lands designated by AS 41.15.305, additionally designated as management units and subunits as shown in the Haines State Forest Management Plan, Maps 3-1 through 3-10, dated August 2002 and adopted by reference, within

(A) subunit 1c of Unit 1 as depicted on Map 3-2 (Kelsall River), subunit 2b of Unit 2 as depicted on Map 3-3 (East Chilkat River), all of Unit 3 as depicted on Map 3-4 (Klehini River), subunits 4a, 4b, and 4c of Unit 4 as depicted on Map 3-5 (Chilkat Lake), subunits 7a and 7b of Unit 7 as depicted on Map 3-8 (Haines Highway and Lower Chilkat River), subunits 8c and 8d of Unit 8 as depicted on Map 3-9 (Chilkoot Lake), and subunits 9a and 9c of Unit 9 as depicted on Map 3-10 (Ferebee River), a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for more than 40 individuals per day and more than 20 individuals per trip; however, for the following areas within subunits 7a, 8b, 8c, and 8d, the following requirements apply:

(i) within the area designated "NonMotorized Area," ADL number 106929, as depicted in the Haines State Forest Management Plan, on the map entitled Haines State Forest: Mt. Ripinski NonMotorized Area from Appendix B, dated August 2002 and adopted by reference, use of motorized vehicles is prohibited, except for search-and-rescue operations or for establishing communication systems or related operations, and within that area, except as provided in (ii) of this subparagraph, a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for more than 40 individuals per day and more than 20 individuals per trip;

(ii) within a 100-foot wide corridor measured 50 feet from each side of the centerline of the Mount Ripinski Trail, ADL number 106929, as depicted in the Haines State Forest Management Plan, on the map entitled Haines State Forest: Mt. Ripinski NonMotorized Area from Appendix B, dated August 2002 and adopted by reference, a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for 40 or fewer individuals per day and for 20 or fewer individuals per trip; an operator may not provide commercial recreation services for more than 40 individuals per day or more than 20 individuals per trip;

(B) subunit 4b of Unit 4 as depicted on Map 3-5 (Chilkat Lake) and subunit 8b of Unit 8 as depicted on Map 3-9 (Chilkoot Lake), ADL number 106929, the use of personal watercraft for commercial recreation or other commercial purposes is prohibited; in this subparagraph, "personal watercraft" has the meaning given in 11 AAC 20.990;

(i) a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for 11 or fewer individuals per day; and

(ii) an operator may not provide commercial recreation services for more than 11 individuals per day;

(D) subunit 4d of Unit 4 as depicted on Map 3-5 (Chilkat Lake), subunit 6b of Unit 6 as depicted on Map 3-7 (Chilkat Inlet), and subunit 8a of Unit 8 as depicted on Map 3-9 (Chilkoot Lake), a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for 12 or more individuals per day;

(E) subunit 1a of Unit 1 as depicted on Map 3-2 (Kelsall River), subunit 2a of Unit 2 as depicted on Map 3-3 (East Chilkat River), all of Unit 5 as depicted on Map 3-6 (Takhin/Kicking Horse), subunit 6a of Unit 6 as depicted on Map 3-7 (Chilkat Inlet), and subunit 9b of Unit 9 as depicted on Map 3-10 (Ferebee River),

(i) a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for more than 11 and fewer than 41 individuals per day and for 20 or fewer individuals per trip; and

(ii) an operator may not provide commercial recreation services for more than 40 individuals per day or more than 20 individuals per trip; and

(F) subunit 8b of Unit 8 as depicted on Map 3-9 (Chilkoot Lake), a permit is required for any commercial recreation day-use activity;

(23) for the parcels within the Northern Southeast Area that are assigned ADL number 106859 and depicted on the maps set out in the Northern Southeast Area Plan, pages 3-33 (Haines Area, Upper Chilkat, Kelsall), 3-35 (Haines Area, Klehini/Tsirku), 3-37 (Haines Area, Chilkat River), 3-39 (Haines Area, Haines), and 3-197 (Baranof Island, Sitka), dated October 2002 and adopted by reference, within

(A) tidelands parcels HT-01 (Lutak Inlet), HT-09 (Flat Bay), HT-14 (Chilkat Inlet), HT-13 (Chilkat River Beaches) and upland parcels H-21 (Pyramid Island) and H-23 (Kochu Island),

(i) a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for 10 or fewer individuals per day;

(ii) an operator may not provide commercial recreation services for more than 10 individuals per day; and

(iii) commercial recreation activities using motorized vehicles are prohibited;

(B) that portion of tidelands parcel BT-22 (Kruzof Island) known as Shelikof Beach, the use of motorized vehicles is prohibited except for search-and-rescue operations; and

(i) a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for more than 10 and fewer than 41 individuals per day; and

(ii) an operator may not provide commercial recreation services for more than 40 individuals per day;

(24) for the Tangle Lakes Archaeological District Special Use Area, ADL number 228296, generally described as those lands lying north of the Denali Highway near Paxson, as shown on the map entitled Tangle Lakes Archaeological District Special Use Area, dated January 17, 2003 and adopted by reference, from

(A) May 18 through October 18, a permit is required for the use of motorized vehicles off designated trails as depicted on the Tangle Lakes Archaeological District Special Use Area map; and

(B) October 19 through May 17, a permit is required for the use of motorized vehicles off designated trails as depicted on the Tangle Lakes Archaeological District Special Use Area map; however, a permit is not required for the use of motorized vehicles as provided in 11 AAC 96.020(a)(1)(D) and (E) if snow cover or ground frost is sufficient to prevent damage to archaeological values; for purposes of this subparagraph,

(i) an average snow depth of one foot, and a minimum snow depth of six inches, will be considered sufficient snow cover; and

(ii) a minimum frost depth of six inches will be considered sufficient ground frost;

(25) for the Knik River Special Use Area, ADL Number 230206, generally described as those lands lying within the uplands portion of Township 17 North, Range 3 East, Seward Meridian, Section 31, W1/2, the restrictions on generally allowed uses listed in 11 AAC 96.016(c) are applicable;

(26) for the Kasilof River Special Use Area, ADL Number 230992, generally described as state lands of the lower Kasilof River area, as shown on the map entitled Kasilof River Special Use Area (ADL 230992): Boundary and State Land, dated August 10, 2012, and adopted by reference,

(A) a person may not place, drop, or discard trash, garbage, or waste, including human waste, except within an authorized or provided toilet or trash facility;

(B) a person may not dispose of fish or fish waste on or in state property, except upon tidelands or submerged lands;

(C) a person may not cut, collect, or harvest a dead standing or live tree, without prior written authorization from the department;

(D) with the exception of aircraft, emergency or state-owned motorized vehicles, or a use authorized under a permit issued by the department, within units KS and KN as shown on the map entitled Kasilof River Special Use Area (ADL 230992): Boundary and State Land, a person may not operate a motorized vehicle, except on designated trails, areas, and the beach as shown on the maps entitled Kasilof River Special use Area (ADL 230992); Designated Motorized Areas South Side (Unit KS), dated August 10, 2012, and adopted by reference, and Kasilof River Special use Area (ADL 230992); Designated Motorized Areas North Side (Unit KN), dated August 10, 2012, and adopted by reference; in this subparagraph,

(i) "beach" means bare sand or gravel free of vegetation and seaward of rooted terrestrial vegetation line;

(ii) "motorized vehicle" in addition to having the meaning given in 11 AAC 96.250, means a wheeled, tracked or airboat or air-cushion vehicle whose propulsion is provided by an engine or motor and that an individual uses for the purpose of personal or commercial transportation;

(E) for person participating in the Kasilof River personal use set gillnet fishery under 5 AAC 77.540,

(i) after December 31 and before May 1 of each year, a person may not place stakes, signs, running lines, buoys, or dry nets;

(ii) after May 31 and before July 1 of each year, a person may not erect or stage a camp, structure, facility, or any related equipment for more than 21 consecutive days for personal use on the beach, except for stakes, signs, running lines, buoys, or dry nets; in this sub-subparagraph, "beach" means bare sand or gravel free of vegetation and seaward of rooted terrestrial vegetation line;

(iii) after May 31 and before August 16 of each year, a person may not discharge a firearm, except for the purpose of lawful hunting or trapping;

(F) for uses and activities under 11 AAC 96.020(a)(4) and (5), a person may not relocate a camp, structure, facility, or any related equipment within two miles of the original site for at least 96 hours after the end of the 14-day period for the original site; and

(G) a person may not deface, destroy, disable, or remove any state-owned or authorized facility or property.

History

Authority: AS 38.04.005; AS 38.04.900; AS 38.05.300 AS 38.04.015; AS 38.05.020; AS 38.05.850 AS 38.04.065; AS 38.05.035 AS 38.04.070; AS 38.05.128
Eff. 12/7/2002, Register 164; am 1/11/2004, Register 169; am 11/9/2008, Register 188; am 1/20/2013, Register 205; am 12/21/2019, Register 232; am 2/23/2020, Register 233; am 1/20/2023, Register 245

11 AAC 96.016 Designated public use areas

(a) This section addresses management of sites and areas of state land, or interests in land, that have been designated under AS 41.23 as public use areas. Unless otherwise provided in (b) of this section, special requirements applicable to designated public use areas are in addition to requirements applicable to state land under AS 38, AS 41.23, and this title.

(b) Within areas designated under AS 41.23 as public use areas,

(1) a permit or other written authorization is required for an activity listed in 11 AAC 96.010;

(2) commercial recreation uses and activities involving generally allowed uses under 11 AAC 96.020 are subject to registration under 11 AAC 96.018;

(3) unless otherwise prohibited in (c) of this section, the land uses and activities listed in 11 AAC 96.020, alone or in combination, are generally allowed uses without any permit or other written authorization from the department, except that a land use or activity for a commercial recreation purpose requires prior registration under 11 AAC 96.018; and

(4) a person may not engage in the commercial harvest of non-timber forest products without a permit under 11 AAC 96.035;

(5) a permit or other written authorization is required for the use or occupancy of the Kenny and Patti Barber Shooting Range, as depicted on the map entitled Kenny and Patti Barber Shooting Range, dated May 18, 2016, and adopted by reference; within the Kenny and Patti Barber Shooting Range

(A) the rules and conditions for use of the shooting range include the rules for the protection and safety of the general public and to further the purposes for which the shooting range was established, which are specified in 11 AAC 96.016(c)(20) and shall be conspicuously posted at the shooting range and upon the division of mining, land and water's public webpage on the department's website;

(B) the department may deny a permit or revoke a person's permit to use, occupy, or access the shooting range upon failure to comply with rules or conditions for use; the rules and conditions for use that are posted at the shooting range and on the division of mining, land and water's public webpage may include restrictions on firearm use or ammunition type, magazine capacity, and other conditions as the department considers advisable;

(C) the use of the shooting range for commercial purposes or by organized group in excess of 50 individuals requires a commercial use permit under 11 AAC 96.010;

(D) the department may restrict permits for the commercial use of the shooting range if the department finds that

(i) there is a need to limit the number or use of commercial use permits to protect public use of the shooting area, or to protect shooting area resources;

(ii) there is a need to prevent one business or person from monopolizing commercial activities within the shooting range or portion of the shooting range;

(iii) without limitation of the number of permits or use of the shooting range there would likely be a degradation of quality of the recreational experience in the shooting range; or

(iv) the demand for the commercial use of the shooting range exceeds the capacity of the shooting range;

(E) the term of a commercial use permit issued under this paragraph may not exceed 30 consecutive days, and is revocable at will by the department; the department may limit the number of competitive commercial use permits a person may hold; a permit may not be assigned without the written consent of the department;

(F) the department may restrict personal use permits for the use of the shooting range if the department finds that

(i) there is a need to limit the number or use of permits to protect public use of the shooting area, or to protect shooting area resources;

(ii) there is a need to prevent one business or person from monopolizing activities within the shooting range or portion of the shooting range;

(iii) without limitation of the number of permits or use of the shooting range there would likely be a degradation of quality of the recreational experience in the shooting range; or

(iv) the demand for the use of the shooting range exceeds the capacity of the shooting range; and

(G) the term of a personal use permit issued under this paragraph may not exceed the calendar year, and is revocable at will by the department; the department may limit the number of personal use or occupancy permits a person may hold; a permit may not be assigned without the written consent of the department.

(1) a person may not leave a vehicle unattended for more than 72 hours without prior written authorization from the department;

(2) a person may not transport a non-functional vehicle into the area without prior written authorization from the department;

(3) without prior written authorization from the department, a person may not

(A) operate a vehicle in excess of 10,000 pounds curb weight for private or commercial activity;

(B) operate a vehicle in excess of 1,500 pounds curb weight on the Rippy Trail, as depicted on the map entitled Rippy Trail, dated November 30, 2015 and adopted by reference; or

(C) operate a motor vehicle on the Jim Lake Overlook Trail, as depicted on the map entitled Jim Lake Overlook Trail, dated November 30, 2015, and adopted by reference;

(4) except for on the bed of the Knik River located below ordinary high water marks of the Knik River as depicted on the maps entitled Knik River Public Use Area - High Use Area, Sheets 1 - 4, dated July 19, 2016, and adopted by reference, a person may not operate a vehicle in a manner that results in disturbance of wetlands or the organic mat to a depth greater than six inches without prior written authorization from the department; in this paragraph,

(A) "organic mat" has the meaning given in 11 AAC 95.900;

(B) "wetlands" means those environments characterized by rooted vegetation that is partially submerged either continuously or periodically by surface freshwater with less than 0.5 parts per thousand salt content and not exceeding three meters in depth;

(5) a person may not have an open fire larger than three feet in diameter and two feet in height except on open and non-vegetated areas at least 100 feet from forested land without prior written authorization from the department; an open fire is subject to the requirement of 11 AAC 95.412 - 11 AAC 95.450;

(6) a person may not burn or cause to burn a wooden pallet, a vehicle, a structure, household or commercial refuse, construction debris, or non-naturally occurring materials;

(7) a person may not place, dump, or discard waste or refuse without prior written authorization from the department;

(8) a person may not place, dump, discard, or release hazardous substances, including those contained within appliances, batteries, automotive fluids, and electronic devices; in this paragraph, "hazardous substance" has the meaning given in AS 46.03.826;

(9) a person may not construct or maintain a structure other than a temporary structure authorized under this chapter, and may not abandon a structure without prior written authorization from the department;

(10) a person may not cut, collect, or harvest a dead standing or live tree without prior written authorization from the department; in this paragraph, "tree" means a woody perennial plant with a single, well-defined stem, a definite crown shape, and a diameter at breast height of five inches or greater;

(11) except as specified in (B) of this paragraph, a person may not

(A) erect a camp, structure, or facility, whether occupied or unoccupied, for more than 14 consecutive days at one location for private personal use without prior written authorization from the department, and the entire camp, structure, or facility and all equipment must be moved at least two miles away at the end of the 14-day period; moving the use to another location at least two miles away starts a new 14-day period; a person may not relocate a camp, structure, or facility to a location within two miles of the initial location for at least 96 consecutive hours; or

(B) erect a camp, structure, or facility, whether occupied or unoccupied, for more than seven consecutive days at one location for private personal use in designated public use sites, as depicted on the map entitled Knik River Public Use Area Public Use Sites, dated November 30, 2015, and adopted by reference, and the entire camp, structure, or facility and all equipment must be moved at least two miles away at the end of the seven-day period; moving the use to another location at least two miles away starts a new seven-day period; a person may not relocate a camp, structure, or facility to a location within two miles of the initial location for at least 96 consecutive hours;

(12) a person may not, without prior written authorization from the department, discharge a firearm for purposes of target practice at a

(A) target other than one made from wood, paper, clay, or like material; or

(B) tree or other plant, whether live or dead, or at a target affixed to or placed on a tree or other plant;

(13) a person may not discharge a firework without prior written authorization from the department;

(14) a person may not discharge a firearm, except for the purposes of lawful hunting or trapping, on or within the following without prior written authorization of the department:

(A) except for within the Kenny and Patti Barber Shooting Range, as depicted on the map entitled Kenny and Patti Barber Shooting Range, adopted by reference in (b)(5) of this section, within one-quarter mile of the Maud Road extension, Old Glenn Highway, Knik River Road, or the Rippy Trail, as depicted on the department's map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, dated June 30, 2008, and adopted by reference;

(B) within one-quarter mile of the Knik Glacier Trail (RST 17) or the line of ordinary high water of the Knik River west of the north-south township line between Township 16 North, Range 3 East and Township 16 North, Range 4 East, Seward Meridian that corresponds to 148 degrees, 49 minutes, 8.59 seconds west longitude, as depicted on the map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, adopted by reference in (A) of this paragraph;

(C) on the bed of the Knik River west of the north-south township line between Township 16 North, Range 3 East and Township 16 North, Range 4 East, Seward Meridian that corresponds to 148 degrees, 49 minutes, 8.59 seconds west longitude, as depicted on the map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, adopted by reference in (A) of this paragraph; in this subparagraph, "bed" means the area within the lines of ordinary high water on each side of the water body;

(D) within one-quarter mile of a developed facility;

(E) within one-quarter mile of designated public use sites, as depicted on the map entitled Knik River Public Use Area Public Use Sites, adopted by reference in (11)(B) of this subsection;

(15) except for the purposes of lawful hunting, fishing, and trapping, a person may not repeatedly approach fish or wildlife in a manner that results in the animal altering its behavior;

(16) a person may not construct, develop, improve, widen, brush, or otherwise create a road or trail without prior written authorization from the department; and

(17) a person may not damage, deface, destroy, or remove public property, or property leased or rented by the department or local government.

(18) from May 1 through September 30, without prior written authorization from the department, a person may not

(A) engage in activities using motorized vehicles on the water of Manmade Lake; or

(B) operate a vehicle on land at a speed greater than 10 miles per hour within 100 feet of the water of Manmade Lake;

(19) from April 15 through August 9, without prior written authorization from the department, a person may not operate a motorized vehicle that utilizes a motor greater than 10 horsepower on the water of Jim Lake; and

(20) a person may not use or occupy the Kenny and Patti Barber Shooting Range, as depicted on the map entitled Kenny and Patti Barber Shooting Range, adopted by reference in (b)(5) of this section, unless the person

(A) complies with the permitting requirements of (b)(5) of this section; a person may not apply for a new permit or otherwise use or occupy the shooting range for 72-hour period following the revocation of a permit under (b)(5)(B) of this section;

(B) pays the applicable fee required in 11 AAC 05.010, for the use or occupancy of the shooting range for personal or commercial purposes; and

(i) the person shall keep all firearms pointed in a safe direction;

(ii) the person may not touch the trigger of a firearm unless ready to shoot;

(iii) the person shall keep all unsecured firearms unloaded until ready to use;

(iv) the person shall act in a safe and orderly manner;

(v) the person shall use appropriate safety equipment including eye and ear protection;

(vi) the person shall read and comply with all conditions for use posted at the shooting range;

(vii) the person may engage in shooting only during open shooting times from 10:00 a.m. to 8:00 p.m. daily except the shooting range is closed to all shooting every Wednesday and may be closed to all shooting on other days or times designated by the department and conspicuously posted at the shooting range;

(viii) the person may not use or be under the influence of alcohol, marijuana, or drugs that result in physical or mental conduct that is impaired, or result in the exhibition of those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the consumption of alcoholic beverages, marijuana, or drugs that impair physical or mental conduct;

(ix) the person may not use or occupy the shooting range if the department has revoked or suspended the person's access to the shooting range;

(x) the person shall comply with shooting range rules conspicuously posted at the shooting range or upon the division of mining, land and water's public webpage on the department's website; and

(xi) the person may not have an open bottle, can, or other receptacle containing an alcoholic beverage, as defined in AS 28.35.029(c), when within the shooting range.

(d) Within the Knik River public use area as described in AS 41.23.230, a person who fails to obtain or comply with the terms, conditions, or limitations of a permit required under (b)(1), (4), or (5) of this section or registration required under (b)(2) of this section, or who engages in a use or activity prohibited under (c) of this section is subject to citation and penalty under AS 41.23.220.

History

Authority: AS 38.04.200; AS 41.23.030; AS 41.23.160 AS 38.05.020; AS 41.23.060; AS 41.23.190 AS 38.05.035; AS 41.23.070; AS 41.23.200 AS 38.05.300; AS 41.23.110; AS 41.23.210 AS 38.05.850; AS 41.23.120; AS 41.23.220 AS 41.23.020; AS 41.23.150
Eff. 11/9/2008, Register 188; am 12/27/2012, Register 204; am 10/8/2017, Register 224; am 6/2/2019, Register 230

11 AAC 96.018 Uses requiring registration

(a) Entry will be permitted under 11 AAC 96.020 as a generally allowed use for commercial recreation purposes on a day-use basis with no camp or facility, whether occupied or unoccupied, that remains overnight, and including landing commercial recreation clients on state land by aircraft or watercraft other than at an airport or harbor managed by a municipality or by the Department of Transportation and Public Facilities, if the operator complies with the following requirements:

(1) registering with the department before the use each calendar year;

(2) providing information required by the department, including the name of the business, type of activity, geographic area, number of clients served, number of visitor days, number of days in operation, and means of access to and from the area; and

(3) paying a registration fee as required by 11 AAC 05.180.

(b) Registering a use of state land

(1) is not a disposal of an interest in land; and

(2) does not grant a preference right to a lease or other disposal.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 12/7/2002, Register 164; am 7/1/2018, Register 227

11 AAC 96.020 Generally allowed uses

(a) A permit or other written authorization is required for uses and activities not appearing on the list in this subsection. Unless otherwise provided in (b) of this section, in a special use land requirement in 11 AAC 96.014, or in a public use area land requirement under 11 AAC 96.016, the following land uses and activities, alone or in combination, are generally allowed uses on state-owned public domain land without any permit or other written authorization from the department, except that a land use or activity for a commercial recreation purpose requires prior registration under 11 AAC 96.018:

(1) travel or travel-related activities, as follows:

(A) hiking, backpacking, skiing, climbing, or other foot travel;

(B) bicycling;

(D) using a highway vehicle with a curb weight of up to 10,000 pounds, including a pickup truck and four-wheel-drive vehicle, on or off an established road easement, if the use off the road easement does not cause or contribute to water quality degradation, alteration of drainage systems, significant rutting, ground disturbance, or thermal erosion;

(E) using a recreational-type off-road or all-terrain vehicle with a curb weight of up to 1,500 pounds, including a snowmobile and four-wheeler, on or off an established road easement if use off the road easement does not cause or contribute to water quality degradation, alteration of drainage systems, significant rutting, ground disturbance, or thermal erosion;

(F) landing an aircraft or using watercraft without damaging the land, including shoreland, tideland, and submerged land;

(G) driving livestock, including any number of reindeer or up to 100 horses, cattle, or other domesticated animals;

(2) access improvements, as follows:

(A) brushing or cutting a trail less than five feet wide using only hand-held tools such as a chainsaw; making a trail does not create a property right or interest in the trail;

(B) anchoring a mooring buoy in a lake, river, or marine waters, or placing a float, dock, boat haulout, floating breakwater, or boathouse in a lake, river, or marine waters, for the personal, noncommercial use of the upland owner, if the use does not interfere with public access or another public use, and if the improvement is placed within the projected sidelines of the contiguous upland owners parcel or otherwise has the consent of the affected upland owner; in this subparagraph,

(i) "float" or "dock" means an open structure without walls or roof that is designed and used for access to and from the water rather than for storage, residential use, or other purposes;

(ii) "boat haulout" means either a rail system, at ground level or elevated with pilings, or a line attached from the uplands to an anchor or mooring buoy;

(iii) "floating breakwater" means a structure, including a log bundle, designed to dissipate wave or swell action;

(iv) "boathouse" means a structure designed and used to protect a boat from the weather rather than for other storage, residential use, or other purposes;

(3) removing or using state resources, as follows:

(A) hunting, fishing, or trapping, or placement of a crab pot, shrimp pot, herring pound, or fish wheel; nothing in this subparagraph relieves a person from complying with applicable state and federal statutes and regulations on the taking of fish and game;

(B) harvesting wild plants, mushrooms, berries, and other plant material for personal, noncommercial use; however, the cutting of trees is not a generally allowed use under this subparagraph;

(C) using dead and down wood for a cooking or warming fire, unless the department has closed the area to fires during the fire season;

(D) grazing no more than five domesticated animals;

(E) recreational gold panning;

(F) hard-rock mineral prospecting or mining using light portable field equipment, including a hand-operated pick, shovel, pan, earth auger, or a backpack power drill or auger;

(G) suction dredging using a suction dredge with a nozzle intake of six inches or less, powered by an engine of 18 horsepower or less, and pumping no more than 30,000 gallons of water per day;

(4) other improvements and structures on state land, as follows:

(A) setting up and using a camp for personal, noncommercial recreational purposes, or for any non-recreational purpose, including as a support camp during mineral exploration, for no more than 14 days at one site, using a tent platform or other temporary structure that can readily be dismantled and removed, or a floathouse that can readily be moved; the entire camp must be moved at least two miles before the end of the 14-day period; a cabin or other permanent improvement is not allowed, even if on skids or another nonpermanent foundation; the camp must be removed immediately if the department determines that it interferes with public access or other public uses or interests;

(B) brushing or cutting a survey line less than five feet wide using only hand-held tools, including a chainsaw, or setting a survey marker; however, a survey monument may not be set without written survey instructions issued under 11 AAC 53;

(C) placing a residential sewer outfall into marine waters from a contiguous privately owned upland parcel, with the consent of the affected parcel owners, if the outfall is within the projected sidelines of the contiguous upland parcel and is buried to the extent possible or, where it crosses bedrock, secured and covered with rocks to prevent damage; nothing in this subparagraph relieves a person from complying with state and federal statutes and regulations applicable to residential sewer outfalls;

(D) placing riprap or other suitable bank stabilization material to prevent erosion of a contiguous privately owned upland parcel if

(i) no more than one cubic yard of material per running foot is placed onto state shoreland; and

(ii) the project is otherwise within the scope of the United States Army Corps of Engineers Nationwide Permit 13 (Bank Stabilization), as set out in 67 Fed. Reg. 2,020 - 2,095, dated January 15, 2002 and adopted by reference;

(5) uses not listed in (1) - (4) of this subsection that

(A) are not conducted for a commercial recreational purpose;

(B) are not listed in 11 AAC 96.010;

(D) do not interfere with public access or other public uses or interests; and

(E) do not continue for more than 14 consecutive days at any site; moving the use to another site at least two miles away starts a new 14-day period.

(b) The list of generally allowed uses in (a) of this section does not

(1) apply to land withdrawn from the public domain and no longer managed under AS 38, including a state park and land owned by the University of Alaska;

(2) exempt a user from complying with other applicable federal, state, or municipal statutes, ordinances, and regulations; or

(3) authorize a use if another person has already acquired an exclusive property right to undertake that use.

(c) In order to operate under a generally allowed use listed in this section, the user must comply with the conditions set out in 11 AAC 96.025.

(d) If the department determines that, under the circumstances of a particular case, an otherwise generally allowed use interferes with public access or other public uses or interests, the use must cease.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 1/1/70, Register 31; am 12/7/2002, Register 164; am 11/9/2008, Register 188; am 7/1/2018, Register 227; am 4/18/2019, Register 230

11 AAC 96.025 Conditions for generally allowed uses

A generally allowed use listed in 11 AAC 96.020 is subject to the following conditions:

(1) activities employing wheeled or tracked vehicles must be conducted in a manner that minimizes surface damage;

(2) vehicles must use existing roads and trails whenever possible;

(3) activities must be conducted in a manner that minimizes

(A) disturbance of vegetation, soil stability, or drainage systems;

(B) changing the character of, polluting, or introducing silt and sediment into streams, lakes, ponds, water holes, seeps, and marshes; and

(4) cuts, fills, and other activities causing a disturbance listed in (3)(A) - (C) of this section must be repaired immediately, and corrective action must be undertaken as may be required by the department;

(5) trails and campsites must be kept clean; garbage and foreign debris must be removed; combustibles may be burned on site unless the department has closed the area to fires during the fire season;

(6) survey monuments, witness corners, reference monuments, mining location posts, homestead entry corner posts, and bearing trees must be protected against destruction, obliteration, and damage; any damaged or obliterated markers must be reestablished as required by the department under AS 34.65.020 and AS 34.65.040;

(7) every reasonable effort must be made to prevent, control, and suppress any fire in the operating area; uncontrolled fires must be immediately reported;

(8) holes, pits, and excavations must be repaired as soon as possible; holes, pits, and excavations necessary to verify discovery on prospecting sites, mining claims, or mining leasehold locations may be left open but must be maintained in a manner that protects public safety;

(9) on lands subject to a mineral or land estate property interest, entry by a person other than the holder of a property interest, or the holder's authorized representative, must be made in a manner that prevents unnecessary or unreasonable interference with the rights of the holder of the property interest.

History

Authority: AS 38.05.020; AS 38.05.130; AS 38.05.133 AS 38.05.035; AS 38.05.131; AS 38.05.850
Eff. 12/7/2002, Register 164

11 AAC 96.030 Application

(a) An application for a permit under 11 AAC 96.010 must be on a form provided by the department and accompanied by the applicable nonrefundable application fee required by 11 AAC 05. An application that is not complete or otherwise does not comply with this section or other applicable statute or regulation may be rejected and returned to the applicant without consideration. The application must contain the following information in sufficient detail to allow for the department's evaluation of the planned activities' effect on the land:

(1) except if the application is for a limited non-timber forest product commercial harvest permit, a map at a sufficient scale and detail to depict the location of all activities and routes of travel of all equipment or motorized vehicles for which a permit is required;

(2) a description of the proposed activity, any associated structures, temporary improvements, and the type of equipment or motorized vehicles that will be used; and

(3) any additional information or document that the department requires.

(b) Repealed 8/6/94.

(c) The department will give notice to an upland owner of an application involving shoreland, tideland, or submerged land adjacent to the upland owner's property. The department may give public notice of any application. As part of public notice, the department may include publication in a newspaper of local or statewide circulation or on the Alaska Online Public Notice System developed under AS 44.62.175. The applicant must pay any advertising costs for a published public notice.

(d) To qualify for a permit under 11 AAC 96.010, an applicant must comply with (a) of this section and

(1) must be

(A) an individual at least 18 years of age; or

(B) a corporation, limited liability company, partnership, or other business entity organized under the laws of the United States or of any state or territory of the United States and qualified to do business in this state;

(2) must be in good standing with the department;

(3) if operating as a business, must possess a valid business license issued under AS 43.70 for the intended activity; and

(4) comply with specific qualification requirements and other applicable statutes or regulations.

(e) Upon a written determination that the interests of the state are best served, or that the limitation is consistent with the purpose and intent of an applicable authorizing statute or regulation, the department may limit the number of land use permits when warranted by acreage, geography, public safety, negative land use impacts, or limited infrastructure.

(f) If the number of qualified applicants exceeds the number of land use permits allowed under (e) of this section, and the department decides to issue one or more permits, the department will award permits using a competitive process including public outcry auction or sealed bid auction using one of the land use fees or visitor day use fees applicable to the permit under 11 AAC 05.180(d)(2) as a bid variable, or by lot.

(g) If the department decides to offer land use permits through a competitive process under (e) and (f) of this section or if another statute or regulation requires permits to be allocated through a competitive process, the department will provide public notice that contains sufficient information in commonly understood terms to inform the public of the nature of the action and of the opportunity to submit a permit application under this section. In the notice, the department will set out

(1) the qualifications for a permit under (a) of this section;

(2) the general conditions for the competitive offering; and

(3) how a person may apply for a permit.

(h) The department will provide the public notice described in (g) of this section

(1) on the Alaska Online Public Notice System (AS 44.62.175) for at least 14 days; and

(2) by any other method that the department determines to be appropriate.

(i) Subsections (e) and (f) of this section apply only to permits issued under AS 38.05.850. The department will not use (e) and (f) of this section to implement a guide concession program under the department's January 2013 management framework document, Alaska Division of Lands (ADL) number 230869, and will not use (e) and (f) of this section to implement any other big game guide concession program that may be established for state-owned lands.

(j) For purposes of this section

(1) "good standing" means being in compliance with applicable state law, applicable department regulations, and provisions of all permits managed by the department and held by the applicant;

(2) "qualified to do business in this state" means holding the certificate issued by the commissioner of commerce, community, and economic development under AS 10, AS 32, or other applicable law necessary to lawfully conduct business in the state.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 1/1/70, Register 31; am 8/6/94, Register 131; am 12/7/2002, Register 164; am 8/31/2008, Register 187; am 7/1/2018, Register 227; am 5/22/2020, Register 234

11 AAC 96.035 Commercial harvest of non-timber forest products

(a) The department may, upon receipt of the fees required under 11 AAC 05.150(b)(1) and (b)(2), issue a limited non-timber forest product commercial harvest permit without public notice.

(b) Repealed 12/27/2012.

(1) the permit is revocable, non-exclusive, and valid for 12 consecutive months from the date of issuance; the department will not grant an extension of time under this subsection;

(2) an applicant must make payment in full of all fees required under 11 AAC 05.150(b)(2) before receipt of a limited non-timber forest product commercial harvest permit under this subsection; the filing fee required under 11 AAC 05.150(b)(1) will be applied to satisfy all or a portion of the cumulative fees required under this section;

(3) a holder of a limited non-timber forest product commercial harvest permit shall submit an end-of-season harvest report on a form provided by the department; the department may base future issuance of permits to the same applicant on the accurate and complete reporting of previous non-timber forest product commercial harvest activities;

(4) all harvest must occur at least 50 yards from any established road, trail, campsite, or other publicly used area;

(5) harvest must occur in areas that do not show any indication of having been harvested previously for the same product and in which the sought-after product is found in sufficient abundance to not suffer population damage from selected harvest;

(6) in the permit, the department will prohibit the direct or incidental harvest, destruction, or removal of an endangered, sensitive, or rare plant species as listed in the University of Alaska Anchorage, Alaska Natural Heritage Program's Rare Vascular Plant Tracking List, as revised as of April 19, 2007, and adopted by reference;

(7) in the permit, the department will require compliance with all applicable federal and state law;

(8) in the permit, the department will prohibit the discharge of any fuel or petroleum lubricant onto soil, vegetation, or water, even if motorized equipment is allowed for the harvest of a product.

(d) Non-timber forest products permitted under this section shall be harvested according to the standards set by, and not in excess of the amounts set out in, the department's Alaska Non-Timber Forest Products Harvest Manual, dated April 2, 2008 and adopted by reference.

(e) The department may cease the issuance of permits for any species or area due to management concerns or any other reason.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 8/31/2008, Register 187; am 12/27/2012, Register 204; am 7/1/2018, Register 227

11 AAC 96.040 Term and conditions

(a) Issuance of a permit under this chapter is not a disposal of an interest in land, and does not grant a preference right to a lease or other disposal. The permit is revocable for cause for violation of a permit provision or of this chapter, and is revocable at will if the department determines that the revocation is in the state's interest. The permit remains in effect for the term issued, unless revoked sooner. The department will give 30 days' notice before revoking a permit at will. A revocation for cause is effective immediately.

(b) Each permit issued is subject to any provisions the department determines necessary to assure compliance with this chapter, to minimize conflicts with other uses, to minimize environmental impacts, or otherwise to be in the interests of the state.

(c) Except as provided in 11 AAC 96.035(c), a permit will be granted for a specified term of up to five years, unless revoked sooner. Except as provided in 11 AAC 96.035(c), the permit may be extended for any number of consecutive periods, each period not to exceed one year. Proposed modifications to the issued permit must be submitted in writing and must be approved by the department before the permittee undertakes the modification. The department may modify existing provisions or require additional provisions in the approval of an extension or modification or during the term of the permit, if the department determines that the modification or additional provision is necessary to assure compliance with this chapter, to minimize conflicts with other uses, to minimize environmental impacts, or otherwise to be in the interests of the state.

(d) The department will not issue a permit that denies an upland owner reasonable access to navigable waters during or after the permit activities. If the application is for an excavation or fill that will alter the mean high water line or ordinary high water mark, the permit will not be issued until that line has been determined and accepted by the department.

(e) If the permit involves obtaining fill or other material from state land and placing it on the permit site, or removing material from the permit site for beneficial uses as determined by the department, the fill or other material must be purchased under 11 AAC 71 before being moved.

(f) A permit under this chapter does not authorize the placement of permanent improvements. Temporary improvements authorized by a permit under this chapter must be removed when the permit expires or is revoked, unless otherwise specified by the department. If the permittee fails to remove the improvements in compliance with this requirement, the department may sell, destroy, or remove the improvements, whichever is most convenient for the department, at the permittee's expense, including the department's costs associated with restoration and expenses incurred in the performance of these duties.

(g) The permit will not be effective until executed by the department and the permittee has paid any applicable use fee required by 11 AAC 05.180 and provided a certificate of insurance and security, if required under 11 AAC 96.060 and 11 AAC 96.065.

(h) The permittee must agree to indemnify and hold harmless, consistent with state law, the state and its officers, agents, and employees for any third party claims arising from the exercise of the privileges granted by the permit.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 1/1/70, Register 31; am 8/6/94, Register 131; am 12/7/2002, Register 164; am 8/31/2008, Register 187; am 7/1/2018, Register 227

11 AAC 96.050 Effective date

Repealed.

History

Eff. 1/1/70, Register 31; repealed 12/7/2002, Register 164

11 AAC 96.060 Performance guaranty

(a) Unless the department waives the requirement after considering the applicant's history of compliance and the potential risk to the state, the applicant shall furnish security acceptable to the department. The department may accept as security

(1) a personal bond accompanied by

(A) an irrevocable letter of credit issued by a bank or other financial institution authorized to do business in the United States;

(B) a certificate of deposit in the amount of the bond issued in sole favor of the department by a bank or other financial institution authorized to do business in this state; or

(2) a corporate surety bond from a surety company authorized to do business in this state; or

(3) other security acceptable to the department.

(b) Security furnished in accordance with (a) of this section must be conditioned upon compliance with all terms of the permit. The department will determine the amount of the security, if required, based on the scope and nature of the activity planned and the potential cost of restoring the permit site. A permit that requires security will not be issued until acceptable security has been furnished.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 1/1/70, Register 31; am 12/7/2002, Register 164

11 AAC 96.065 Insurance

Unless the department waives the requirement after considering the risks associated with the activity planned, the permittee shall secure, and maintain in force during the term of the permit, insurance in the amount and of a type that the department determines necessary to protect the permittee and the state. A certificate of insurance must be furnished to the department before issuance of the permit and must provide for a 30-day notice in the event of cancellation, nonrenewal, or material change of condition. All insurance policies must comply with AS 21 and be issued by insurers licensed to transact the business of insurance under AS 21. The state shall be listed as an additional named insured on the policy.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 12/7/2002, Register 164

11 AAC 96.070 Annual report; completion statement

(a) For a permit with a term of more than one year, the department may require

(1) the permittee to file information the department determines necessary to show compliance with the permit at the end of each year's authorized operating period; and

(2) operational information from the permittee, including the number of clients served, number of visitor days, and number of days in operation.

(b) In a permit, the department may require the permittee, upon completion of the operations under the permit, to file a completion statement, including a detailed description of cleanup and restoration work at the site. The department may also require the permittee to provide a map showing the location of all permit activities. The permittee shall complete any additional cleanup and restoration work that may be required.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 1/1/70, Register 31; am 12/7/2002, Register 164

11 AAC 96.080 Confidential status of information

Repealed.

History

Eff. 1/1/70, Register 31; repealed 8/6/94, Register 131

11 AAC 96.090 Inspection of operation

All operations under 11 AAC 96.010 - 11 AAC 96.150 are subject to inspection by the director. The permittee is not obligated to provide transportation or lodging for inspection personnel.

History

Authority: AS 38.05.020; AS 38.05.035
Eff. 1/1/70, Register 31

11 AAC 96.100 Penalty

Repealed.

History

Eff. 1/1/70, Register 31; repealed 8/6/94, Register 131

11 AAC 96.110 Appeals

An eligible person affected by a decision issued under this chapter may appeal that decision in accordance with 11 AAC 02.

History

Authority: AS 38.05.020; AS 38.05.035; AS 44.37.011
Eff. 1/1/70, Register 31; am 11/7/90, Register 116; am 9/19/2001, Register 159

11 AAC 96.120 Purpose

Repealed.

History

Eff. 1/1/70, Register 31; repealed 12/7/2002, Register 164

11 AAC 96.130 Applicability

Repealed.

History

Eff. 1/1/70, Register 31; am 9/22/95, Register 135; repealed 12/7/2002, Register 164

11 AAC 96.140 General stipulations

Repealed.

History

Eff. 1/1/70, Register 31; am 9/22/95, Register 135; repealed 12/7/2002, Register 164

11 AAC 96.145 Violation

(a) A person who violates this chapter or a provision of a permit issued under this chapter is subject to any action available to the department for enforcement and remedies, including revocation of the permit, civil action for forcible entry and detainer, ejectment, trespass, damages, and associated costs, or arrest and prosecution for criminal trespass in the second degree. The department may seek damages available under a civil action, including restoration damages, compensatory damages, and treble damages under AS 09.45.730 or 09.45.735 for violations involving injuring or removing trees or shrubs, gathering geotechnical data, or taking mineral resources.

(b) If a person responsible for an unremedied violation of this chapter or a provision of a permit issued under this chapter applies for a new authorization from the department under AS 38.05.035 or 38.05.850, the department may require the applicant to remedy the violation as a condition of the new authorization, or to begin remediation and provide security under 11 AAC 96.060 to complete the remediation before receiving the new authorization. If a person who applies for a new authorization under AS 38.05.035 or 38.05.850 has previously been responsible for a violation of this chapter or a provision of a permit issued under this chapter, whether remedied or unremedied, that resulted in substantial damage to the environment or to the public, the department will consider that violation in determining the amount of the security to be furnished under 11 AAC 96.060 and may require the applicant to furnish three times the security that would otherwise be required.

History

Authority: AS 38.05.020; AS 38.05.035; AS 38.05.850
Eff. 12/7/2002, Register 164

11 AAC 96.150 Definitions

Authority: AS 38.05.020; AS 38.05.180 AS 38.05.035; AS 38.05.850
Eff. 3/21/81, Register 77; am 8/19/84, Register 91

Article 3 General Provisions

11 AAC 96.250 Miscellaneous Land Use

11 AAC 96.250. Definitions.

History

Authority: AS 38.05.020; AS 38.05.180 AS 38.05.035; AS 38.05.850
Eff. 1/1/70, Register 31; am 3/21/81, Register 77; am 8/19/84, Register 91; am 12/7/2002, Register 164; am 1/11/2004, Register 169; am 8/31/2008, Register 187; am 11/9/2008, Register 188

11 AAC 96.250 Miscellaneous Land Use

11 AAC 96.250(1) and (2) are derived from former 11 AAC 96.150, which was repealed in 3/21/71. The history note set out after this section includes the history of 11 AAC 96.150 before the repeal of that section. As of Register 208 (January 2014), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to the history note of 11 AAC 96.250, to reflect the actual register number 31. In this chapter (1) "land use activity" means any use of or entry on state land for any purpose, including but not limited to exploration, hunting, recreation, and access; (2) "director" means the director of the division of lands in the Department of Natural Resources, or an authorized representative of the director; (3) "department" means the Department of Natural Resources; (4) "processing" means the preparation of data, by computer or other device, which enhances the data; (5) "seismic exploration" means the survey of the earth's surface or the use of seismic methods to gather data that may be used to determine subsurface geologic characteristics; (6) "seismic exploration data" means data, including information necessary to locate and identify that data, derived from seismic exploration of state land and initially processed to a level comparable to that of the data distributed to participants in a group seismic survey by use of techniques used to render the data in a format ready for geological interpretation for the first time; such techniques include but are not limited to amplitude recovery, deconvolution, static corrections, velocity analysis, normal moveout corrections, common depth point stacking, digital filtering and migration. "Seismic exploration data" may include navigation tapes, velocity spectra, final stack sections, true amplitude sections and migrated sections; but does not include, and the applicant is not required to submit to the director (A) magnetic tapes other than navigation tapes; and (B) data that would otherwise be included, but which the permittee or a contractor working on behalf of the permittee does not obtain or prepare; (7) "stratigraphic test" means the drilling of a well to a sufficient depth to measure the geologic, geophysical, and engineering parameters used for determining an area's oil and gas potential; (8) "stratigraphic test data" means all logs, surveys, samples, and tests taken in association with the drilling and testing of a stratigraphic test well and includes but is not limited to, mud logs, electrical logs, density logs, sonic logs, neutron logs, gamma logs, dip-meter surveys, velocity surveys, directional surveys, core descriptions, sample descriptions (including descriptive palynology and paleontology), fluid analyses, drillstem tests, formation tests, and periodic drilling and operations reports; (9) "ADL number" means the file number assigned as an identifier by the division exercising the authority and duties of the division of lands identified under AS 38.05 within the department; (10) "commercial recreation" means recreational use of land, water, and resources for business or financial gain; commercial recreation includes guided sport fishing, guided and outfitted sport hunting, guided recreation, and air and water taxi services that provide transportation to recreational users of state land; "commercial recreation" does not include solely anchoring a vessel overnight on state shoreland, tideland, or submerged land; (11) "curb weight" means the weight of a vehicle with a full tank of fuel and all fluids topped off but with no one sitting inside or on the vehicle and no cargo loaded; (12) "public domain land" means state land that has not been reserved or withdrawn from multiple use management under AS 38 by act of the state legislature or, in compliance with the acreage limit set by AS 38.05.300, by administrative action; (13) "shoreland" has the meaning given in AS 38.05.965; (14) "state land" has the meaning given in AS 38.05.965; "state land" (A) includes an interest in land that is owned by the state and managed under AS 38; and (B) does not include Alaska mental health trust land as defined in 11 AAC 99.990 and managed under AS 37.14.009 and AS 38.05.801; (15) "submerged land" has the meaning given in AS 38.05.965; (16) "thermal erosion" means the partial or complete melting of a continuous or discontinuous permafrost layer; for purposes of this paragraph, "permafrost layer" includes ice lenses, ice wedges, and pingos; (17) "tideland" has the meaning given in AS 38.05.965; (18) "visitor day" means all or any part of a calendar day during which a commercial recreation client is present, with each client representing a separate visitor day if multiple clients are present at any time during a calendar day; (19) "motorized vehicle" means a vehicle that is powered by an internal combustion engine and that an individual uses for the purpose of personal or commercial transportation; (20) "operator" means a person that engages in commercial recreation; (21) "trip" means travel of brief duration to a destination on state land, that may include stopovers on state land; (22) "commercial harvest" means the harvest of non-timber forest products for the primary purpose of sale, resale, or use in a manufacturing process resulting in a product that will be sold or used for business activities; (23) "non-timber forest products" means forest products derived from biological resources excluding firewood, saw-timber, pulpwood, cull logs, small round-wood, house logs, poles, posts, Christmas or other holiday trees, minerals, animals, animal parts, rocks, water, and soil; "non-timber forest products" includes mushrooms, conks, boughs, cones, leaves, burls, landscaping transplants, roots, flowers, and fruits; (24) "abandon" means to leave unattended for a period of time longer than 72 hours; (25) "developed facility" includes a building, boat ramp, campground, picnic area, rest area, visitor information center, swim beach, parking area, and developed ski or shooting area; (26) "explosive" means a chemical compound, mixture, or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat; "explosive" includes dynamite, blasting power, nitroglycerin, blasting caps, nitrojelly, and mixtures containing nitrates and petroleum based fuel; explosive does not include salable fireworks as defined by AS 18.72.100; (27) "firearm" includes pistols, rifles, shotguns, revolvers, and mechanical, gas-operated, or air-operated guns; (28) "firework" means an explosive device or combustible material used to produce lights, smoke, or noise for entertainment; (29) "non-functional" means not able to perform its normal operational function; (30) "structure" means something constructed or maintained on the ground or that is attached to something located on the ground; "structure" includes buildings, radio and television towers, sheds, swimming pools, tennis courts, gazebos, decks, and boathouses.

History

Authority: AS 38.05.020; AS 38.05.180 AS 38.05.035; AS 38.05.850
Eff. 1/1/70, Register 31; am 3/21/81, Register 77; am 8/19/84, Register 91; am 12/7/2002, Register 164; am 1/11/2004, Register 169; am 8/31/2008, Register 187; am 11/9/2008, Register 188

Chapter 97 Mining Reclamation

Article 1 Applicability

11 AAC 97.100 Applicability

(a) This chapter applies to the approval of reclamation plans, reclamation bonding, and enforcement of reclamation requirements under AS 27.19 for locatable mineral, leasable mineral, and material mining operations on state, federal, municipal, and private land. AS 27.19 and this chapter do not apply to a recreational placer mining operation using no mechanized earthmoving equipment other than a dredge with a suction hose six inches or less in diameter, powered by an engine of 18 or fewer horsepower.

(b) AS 27.19.020 sets the minimum standard for conduct of mining operations in Alaska, without regard to land ownership. Although nothing in AS 27.19 requires a miner to file a mining plan before beginning operations, most miners operating on public land are required to do so by other laws. Even where that is not the case, the department recommends that the miner develop a mining plan to help the miner meet the mining standard of AS 27.19.020 and to make the reclamation plan or reclamation letter of intent more effective.

(c) Nothing in AS 27.19 precludes a federal or state agency (including the Department of Natural Resources), a state corporation, the University of Alaska, a municipality, or a private landowner, acting under its own regulatory or proprietary authority, from establishing and enforcing additional requirements or higher standards for reclamation. Compliance with this chapter does not waive or excuse compliance with those additional requirements or higher standards.

(d) This chapter does not apply to:

(1) fuel spills, chemical neutralization, detoxification, or clean-up of hazardous substances used in mineral processing facilities associated with mining operations;

(2) surface coal mining reclamation or related operations regulated under AS 27.21; or

(3) an area disturbed by a mining operation before October 15, 1991; however, if a mining operation disturbs a previously mined area after October 14, 1991, a miner must reclaim to the standards of AS 27.19 and this chapter; if only a portion of the previously mined area is disturbed after October 14, 1991, this chapter applies only to that disturbed portion.

History

Authority: Sec. 2, ch. 92,AS 27.19.010; AS 27.19.100 SLA 1990AS 27.19.020
Eff. 7/30/92, Register 123

Article 2 Reclamation Performance Standards

11 AAC 97.200 Land reclamation performance standards

(a) A miner shall reclaim areas disturbed by a mining operation so that any surface that will not have a stream flowing over it is left in a stable condition.

(1) For the purposes of AS 27.19.100(6) and this section, a stable condition that "allows for the reestablishment of renewable resources on the site within a reasonable period of time by natural processes" means a condition that can reasonably be expected to return waterborne soil erosion to pre-mining levels within one year after the reclamation is completed, and that can reasonably be expected to achieve revegetation, where feasible, within five years after the reclamation is completed, without the need for fertilization or reseeding. If rehabilitation of a mined site to this standard is not feasible because the surface materials on the mined site have low natural fertility or the site lacks a natural seed source, the department recommends that the miner fertilize and reseed or replant the site with native vegetation to protect against soil erosion; however, AS 27.19 does not require the miner to do so. Rehabilitation to allow for the reestablishment of renewable resources is not required if that reestablishment would be inconsistent with an alternate post-mining land use approved under AS 27.19.030(b) on state, federal, or municipal land, or with the post-mining land use intended by the landowner on private land.

(2) If topsoil from an area disturbed by a mining operation is not promptly redistributed to an area being reclaimed, a miner shall segregate it, protect it from erosion and from contamination by acidic or toxic materials, and preserve it in a condition suitable for later use.

(3) If the natural composition, texture, or porosity of the surface materials is not conducive to natural revegetation, a miner shall take measures to promote natural revegetation, including redistribution of topsoil, where available. If no topsoil is available, a miner shall apply fines or other suitable growing medium, if available. However, a miner may not redistribute topsoil and fines over surfaces likely to be exposed to annual flooding, unless the action is authorized in an approved reclamation plan and will not result in an unlawful point- or non-point-source discharge of pollutants.

(b) A miner shall reclaim an area disturbed by a mining operation so that the surface contours after reclamation is complete are conducive to natural revegetation or are consistent with an alternate post-mining land use approved under AS 27.19.030(b) on state, federal, or municipal land, or with the post-mining land use intended by the landowner on private land. Measures taken to accomplish this result may include backfilling, contouring, and grading, but a miner need not restore the site's approximate original contours. A miner shall stabilize the reclaimed site to a condition that will retain sufficient moisture for natural revegetation or for an alternate post-mining land use approved under AS 27.19.030(b) on state, federal, or municipal land, or for the post-mining land use intended by the landowner on private land.

(c) A pit wall, subsidence feature, or quarry wall is exempt from the requirements of (a) and (b) of this section if the steepness of the wall makes them impracticable or impossible to accomplish. However, a miner shall leave the wall in a condition such that it will not collapse nor allow loose rock that presents a safety hazard to fall from it.

(d) If a mining operation diverts a stream channel or modifies a flood plain to the extent that the stream channel is no longer stable, a miner shall reestablish the stream channel in a stable location. A miner may not place a settling basin in the way of the reestablished channel location unless the fines will be properly removed or protected from erosion.

History

Authority: Sec. 2, ch. 92,AS 27.19.020; AS 27.19.100 SLA 1990AS 27.19.030
Eff. 7/30/92, Register 123

11 AAC 97.210 Disposal of buildings, structures, and debris on state land

A miner shall remove, dismantle, or otherwise properly dispose of buildings and structures constructed, used, or improved on state land unless the surface owner or manager authorizes that the buildings and structures may stay. A miner shall remove or otherwise properly dispose of all scrap iron, equipment, tools, piping, hardware, chemicals, fuels, waste, and general construction debris on state land.

History

Authority: Sec. 2, ch. 92,SLA 1990AS 27.19.020
Eff. 7/30/92, Register 123

11 AAC 97.220 Underground mines

A miner shall stabilize and properly seal the openings of all shafts, adits, tunnels, and air vents to underground mine workings after mine closure to ensure protection of the public, wildlife, and the environment.

History

Authority: Sec. 2, ch. 92,SLA 1990AS 27.19.020
Eff. 7/30/92, Register 123

11 AAC 97.230 Heap leach operations

After neutralization of heaps, pads, ponds, and other such facilities has been approved by the appropriate regulatory authority (the Environmental Protection Agency or the Department of Environmental Conservation), a miner shall reclaim the site of a heap leach operation to the standards of AS 27.19 and this chapter.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.020
Eff. 7/30/92, Register 123

11 AAC 97.240 Acid rock drainage

A miner shall reclaim a mined area that has potential to generate acid rock drainage (acid mine drainage) in a manner that prevents the generation of acid rock drainage or prevents the offsite discharge of acid rock drainage.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.020
Eff. 7/30/92, Register 123

11 AAC 97.250 Material sites

(a) Continuous use; intermittent use of a material site. A miner shall reclaim a material site in accordance with AS 27.19.020, 11 AAC 97.200, 11 AAC 97.210, and this section as contemporaneously as practicable with the mining.

(1) If site conditions permit, a miner shall proceed cell by cell so that reclamation can and will occur immediately after each cell is mined. Mining by cell means dividing the material site into separate units and mining them in an orderly sequence so that topsoil removed from a newly opened unit can be placed on a unit already mined.

(2) If site conditions require that the entire material site be mined continuously, with the materials being removed layer by layer, a miner shall reclaim the site as soon as the mining is completed. However, the commissioner will allow the reclamation to be postponed if the commissioner finds that contemporaneous reclamation is impracticable, because the landowner plans to allow future intermittent mining of the material site by one or more miners over a period of more than one year. Before the commissioner allows such a postponement, the miner or landowner must

(A) submit a reclamation plan for the entire material site, including stockpiles;

(B) ensure that reclamation will occur no later than immediately after the material site is ultimately exhausted or to be abandoned; and

(b) Extraction of materials from river beds (gravel bailing operations). If a miner extracts materials from the bed of a watercourse, the miner shall reestablish a stable bed and bank profile as contemporaneously as practicable with the extraction. A stable bed and bank profile is one that will not substantially alter river currents or change erosion and deposition patterns downstream. In reviewing a reclamation plan for such an operation, the commissioner will use hydrologic information available to the department and other information the commissioner considers relevant.

(c) Peat and topsoil mines. A reclamation plan for a mine that produces peat, topsoil, or similar materials must provide that at least two inches of a suitable growing medium will be left or replaced on the mined land.

(d) Materials used for other mines. If the primary use of extracted materials is to assist another mining operation regulated under this chapter (such as gravel to build a road to a mining operation), the miner must include the reclamation plan or letter of intent for the material site operation as part of the reclamation plan or letter of intent for the primary mine.

(e) Exempt excavations. If materials are extracted primarily for a non-mining purpose and not part of a mining operation (such as when preparing a building site or highway cut, dredging a shipping channel, or drilling an access tunnel for a non-mining purpose), the requirements of this chapter do not apply even if the materials are sold commercially or used as fill.

(f) Stockpiles. The requirements of this chapter do not apply to materials stockpiled at a distribution point other than the mined area, nor to materials stockpiled at a mined area where no mining has taken place after October 14, 1991. A miner need not reclaim acreage on which materials are stockpiled at an active mine site until the stockpile is used up. However, a miner must locate the stockpile where it will not erode into a waterbody. A stockpile is a storage pile of materials segregated as a commercial product for sale or distribution elsewhere and does not include non-commercial waste rock, overburden, or tailings. A stockpile associated with a mining operation other than for materials is not exempt from this chapter.

(g) Material used for logging. After December 31, 1994, this subsection applies as follows to the reclamation of material sites that are subject to AS 41.17 and 11 AAC 95:

(1) submission of a plan of operations under AS 41.17.090(c) and 11 AAC 95.220, or compliance with an adopted site-specific forest land use plan for an operation on state land, satisfies the requirement of AS 27.19.050(b) for a letter of intent, if

(A) an individual material site operation is within the limits set out in AS 27.19.050(a)(2); and

(B) the plan of operations or site-specific forest land use plan notifies the commissioner that

(i) the total acreage and volume to be mined are within the limits set out in AS 27.19.050(a)(2);

(ii) the miner will reclaim all acreage required to be rehabilitated under 11 AAC 95.325; and

(iii) compliance with the rehabilitation measures required under 11 AAC 95.325 will constitute the reclamation measures to be used to reclaim the total acreage mined;

(2) a plan of operations under AS 41.17.090(c) and 11 AAC 95.220, or a timber sale inspection report filed at the end of the operating season for an operation on state land, satisfies the requirement of AS 27.19.050(c) for an annual reclamation statement, if

(A) the miner annually certifies that the material site operation is within the limits set out in AS 27.19.050(a)(2), and that the operation is in compliance with 11 AAC 95.325; and

(B) inspection under AS 41.17 verifies that the miner is in compliance with 11 AAC 95.325;

(3) submission of a plan of operations under AS 41.17.090(c) and 11 AAC 95.220, or compliance with an adopted site-specific forest land use plan for an operation on state land, satisfies the requirement of AS 27.19.030 for a reclamation plan, if

(A) an individual material site operation exceeds the limits set out in AS 27.19.050(a)(2);

(B) the miner complies with the bonding requirement of AS 27.19.040 in one of the ways set out in 11 AAC 97.400 - 11 AAC 97.450; and

(C) the commissioner does not disapprove the use of the plan of operations or site-specific forest land use plan as a means of satisfying the requirement of AS 27.19.030 for a reclamation plan;

(4) compliance with 11 AAC 95.325 fulfills all other requirements of AS 27.19 and this chapter.

History

Authority: Sec. 2, ch. 92, AS 27.19.030; AS 27.19.100 SLA 1990AS 27.19.040 AS 27.19.020; AS 27.19.050
Eff. 7/30/92 Register 123; am 1/4/95, Register 133

Article 3 Reclamation Plan

11 AAC 97.300 Reclamation plan approval, procedure

(a) At least 45 days before the proposed start of mining activities, a miner not exempted under AS 27.19.050 must submit to the department, or to the appropriate agency with which the department has entered into a cooperative management agreement, a proposed reclamation plan for approval.

(b) If a miner entitled to an exemption under AS 27.19.050 mistakenly files a proposed reclamation plan, the commissioner will, within 15 days after receipt,

(1) return any bond filed,

(2) notify the miner that no plan approval is necessary,

(3) accept the plan as a letter of intent under AS 27.19.050(b), and

(4) remind the miner of the subsequent requirement to file an annual reclamation statement under AS 27.19.050(c).

(c) If the commissioner determines that a proposed reclamation plan is complete, the commissioner will begin a review that will take no longer than 30 days. If the commissioner determines that the plan is incomplete, the commissioner will notify the miner that review is suspended pending receipt of the necessary information. The miner may request an extension of time to supply the information. Failure to supply the necessary information within 30 days after notification, or within a longer period allowed by the commissioner, constitutes withdrawal of the proposed plan from consideration.

(d) The commissioner will approve, disapprove, or approve with conditions a proposed reclamation plan within 30 days after determining that the plan is complete. However, the plan approval does not take effect, and the mining operation may not begin, until the miner satisfies the bond requirement under 11 AAC 97.400 - 11 AAC 97.450.

(e) If the commissioner determines that additional time is needed because of the size or complexity of the operation, the commissioner will, with written notice to the applicant, extend the period described in (c) or (d) of this section and establish an alternative review schedule.

(f) If a state or federal agency or a municipality has entered into a cooperative management agreement with the commissioner to implement all or part of this chapter, the application review schedule will comply with that agency's or municipality's applicable review schedule.

(g) If a miner objects to the plan as approved, the miner may give the commissioner written notice of that objection within 30 days and request reconsideration or propose a modification of the plan for the commissioner's review. If, after that reconsideration or review, the miner continues to object to the plan as approved, the miner may file a statement of issues that meets the standard of AS 44.62.370.

(h) If the approved reclamation plan is for an alternate post-mining land use under AS 27.19.030(b) that was proposed by the commissioner, the Department of Fish and Game, the Department of Environmental Conservation, or the landowner rather than by the miner, the miner shall notify the department within 30 days after approval if he or she does not concur. However, a mining locator or material purchaser on public land may not control or determine how the land will be used after a mining operation is completed. The commissioner will, in his or her discretion, modify an approved reclamation plan for a post-mining land use under AS 27.19.030(b) if the miner shows to the commissioner's satisfaction that reclamation for the proposed use would cost the miner more, in time, equipment, or material than reclamation to the basic standard required by AS 27.19.020.

(i) The commissioner may not impose an alternate post-mining land use under AS 27.19.030(b) if the land is privately owned and the state or federal government owns only the reserved minerals. If the state owns both the land estate and the mineral estate, the commissioner will not approve an alternate post-mining land use that is inconsistent with a state land use plan adopted under AS 38.04.065.

History

Authority: Sec. 2, ch. 92,AS 27.19.030; AS 27.19.080 SLA 1990AS 27.19.060; AS 27.19.100
Eff. 7/30/92, Register 123; am 12/27/2012, Register 204

11 AAC 97.310 Reclamation plan

(a) Before a miner starts a mining operation subject to AS 27.19.030, or if an exempt miner wishes to operate under the provisions of AS 27.19.040(d), the miner must submit a proposed reclamation plan. The proposed plan must be correct and complete to the best of the miner's knowledge and be signed and dated by the miner or the miner's designee.

(b) A reclamation plan not submitted on a form provided by the commissioner must include the following:

(1) the name, address, and telephone number of the miner or other person who will serve as agent to receive any notice that is required under this chapter, and the names, addresses, and telephone numbers of all other owners, operators, or leaseholders of the mining operation;

(2) a list of all properties, mining locations, or leases on which the mining operation is to be conducted, including the state or federal casefile number, and the legal description of the land on which the mining operation will be conducted, described by legal subdivision, section, quarter-section, township, range, and meridian;

(4) a general description and diagram of the mining operation and the mined area that shows and states the number of acres to be mined during each year covered by the plan and that shows the location corners or property boundaries and their relationship to the reclamation work, the tailings or spoil disposal areas, and the areas otherwise affected by the operation; the information furnished must be reasonably appropriate to the scale and complexity of the mine;

(5) the estimated number of yards or tons of overburden or waste and ore or materials to be mined during each year covered by the plan;

(6) a description of the reclamation measures that will be taken to comply with AS 27.19.020 and 11 AAC 97.200 - 11 AAC 97.250, including the equipment to be used; a time schedule for the reclamation measures; and, if the miner proposes to reclaim the land to an alternate post-mining land use under AS 27.19.030(b) on state, federal, or private land or to an alternate post-mining land intended by the landowner on private land, a statement of that proposed or intended use; the description must include:

(A) measures for topsoil removal, storage, protection, and replacement;

(B) measures for reclamation of tailings impoundments, settling ponds, reservoirs, heaps, open pits and cuts, shafts, adits, tunnels, portals, overburden, waste rock storage areas, and all other affected areas;

(D) a proposal for reclamation or post-mining conversion of access roads leading to the mining operation, airstrips, and other associated facilities;

(7) if on private land, a signed and notarized statement by the landowner that the miner has the landowner's permission to operate throughout the period covered by the proposed reclamation plan; however, this statement is not required if the miner is the landowner, or if the mining operation is on a prior federal mining location and the private landowner received title subject to that location under sec. 22(c) of PL 92-203, the Alaska Native Claims Settlement Act (43 U.S.C. 1621(c)); if the private landowner believes that reclamation to the standard set out in AS 27.19.020 is not feasible because the landowner intends to use the land after mining for a purpose incompatible with natural revegetation, the landowner is encouraged to provide this information as part of the statement; for the purposes of this paragraph, the landowner means the owner of the estate that includes the mineral or material to be mined.

(c) If a mining operation is a public project for which the successful bidder has not yet been determined, the agency responsible for the project, the landowner, or another third party may submit a proposed reclamation plan on behalf of the successful bidder. The proposed plan must be complete except for the miner's name, address, and telephone number. Before the plan approval takes effect, the miner must provide his or her name, address, and telephone number, sign the plan, and satisfy the bond requirement.

History

Authority: Sec. 2, ch. 92, AS 27.19.020; AS 27.19.040 SLA 1990AS 27.19.030; AS 27.19.100
Eff. 7/30/92, Register 123

11 AAC 97.320 Term; conditional approval; renewal

(a) The commissioner will, in his or her discretion, approve a reclamation plan for any term not to exceed 10 years. If the plan is for more than one year, the commissioner will, in his or her discretion, require the miner to file an annual report that includes the total acreage and volume of material mined in that year, the total acreage reclaimed in that year, and a statement as to whether the reclamation plan is on schedule.

(b) If the commissioner is not satisfied that the plan complies with AS 27.19 and this chapter, the commissioner will, in his or her discretion, approve the reclamation plan only after inclusion of reclamation-specific monitoring, reporting, or performance conditions.

(c) The commissioner will, in his or her discretion, renew a plan upon written request and demonstration that the miner has complied with the approved reclamation plan and the requirements of AS 27.19 and this chapter, if the commissioner determines that the plan is adequate to cover the renewal period.

History

Authority: Sec. 2, ch. 92, AS 27.19.030 SLA 1990AS 27.19.100
Eff. 7/30/92, Register 123

11 AAC 97.330 Amendment of reclamation plan

(a) A miner shall ensure that reclamation work complies with an approved reclamation plan. If changing product prices, economics, financing, unanticipated conditions, or suspension of mining operations necessitates a change in the reclamation plan, the miner shall submit an amended reclamation plan for approval before modifying the approved reclamation work.

(b) If new or changed statutory or regulatory requirements affect reclamation under an approved reclamation plan, the miner must submit an amended reclamation plan for approval to demonstrate that reclamation occurring after the effective date of the new requirements will comply with those new requirements.

History

Authority: Sec. 2, ch. 92, AS 27.19.030; AS 27.19.100 SLA 1990AS 27.19.070
Eff. 7/30/92, Register 123

11 AAC 97.340 Record keeping and inspection; notice address

(a) Until completion of the mining operation, a miner shall keep a copy of the approved reclamation plan, including any approved amendments, at the miner's field office for onsite operations, and shall make the plan available upon request by an authorized representative of the commissioner.

(b) A miner shall allow access to the mining operation to an authorized representative of the commissioner at reasonable times for the purpose of inspecting or monitoring compliance with the reclamation plan.

(c) A miner shall keep the department informed of the miner's correct address until the reclamation is approved as complete.

History

Authority: Sec. 2, ch. 92, AS 27.19.030; AS 27.19.100 SLA 1990AS 27.19.070
Eff. 7/30/92, Register 123

11 AAC 97.350 Successor in interest

If an interest in a mining operation is transferred from one miner to another by sale, assignment, lease, or otherwise before completion of reclamation and approval by the commissioner, the plan must be amended as provided in 11 AAC 97.330 to reflect the transfer. The commissioner will approve the amendment and will release the predecessor in interest from the reclamation obligations, if

(1) the operation is in compliance with the reclamation plan,

(2) the successor assumes full responsibility and liability under the approved reclamation plan, and

(3) the bonding requirements are met.

History

Authority: Sec. 2, ch. 92, AS 27.19.030 SLA 1990AS 27.19.100
Eff. 7/30/92, Register 123

Article 4 Reclamation Bonding

11 AAC 97.400 Bonding required

A miner who is not exempt under AS 27.19.050(a) shall either

(1) participate in the statewide bonding pool under 11 AAC 97.425;

(2) post a performance bond with the commissioner to ensure complete compliance with AS 27.19, this chapter, and the approved reclamation plan, consisting of either

(A) a corporate surety bond under 11 AAC 97.405; or

(B) a personal bond accompanied by a letter of credit, by a certificate of deposit, or by a deposit of cash or gold, under 11 AAC 97.410;

(3) post a bond or financial guarantee with another government agency to satisfy that agency's reclamation-related bond requirements if, in a cooperative management agreement with that agency, the commissioner has determined that the agency's bond requirements are at least as effective as those of AS 27.19 and that requiring another bond would be unnecessary; or

(4) post a general performance bond that

(A) is written in favor of an agency of the State of Alaska;

(B) requires reclamation to standards no less effective than those of AS 27.19 and this chapter;

(D) remains in effect until the mined area is reclaimed to standards no less effective than those of AS 27.19 and this chapter; and

(E) requires that, if the bond is liquidated, proceeds in the amount of $750 per acre of mined area will be paid or reserved exclusively for the purpose of reclamation until all mined areas are reclaimed to standards no less effective than those of AS 27.19 and this chapter.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.405 Corporate surety bond

A corporate surety bond must

(1) be executed by a corporate surety approved and authorized to do business in this state;

(2) be submitted on a form prescribed by the commissioner; and

(3) remain in effect until the reclamation of all land covered by the bond is completed to the standard of AS 27.19 and this chapter, and its release is approved by the commissioner.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.410 Personal bond and letter of credit, certificate of deposit, or deposit of cash or gold

(a) A personal bond must be submitted on a form prescribed by the commissioner and must be accompanied by

(1) an irrevocable letter of credit issued by a bank or other financial institution authorized to do business in the United States;

(2) a certificate of deposit in the amount of the bond issued in sole favor of the department by a bank or other financial institution authorized to do business in this state;

(3) a cash deposit maintained in a depository account as directed by the commissioner; or

(4) a deposit of gold held in escrow by a bank or other financial institution, payable to the State of Alaska if the bond is forfeited, and with a value of 25 percent more than the bond obligation, to allow for potential decreases in gold prices.

(b) A personal bond and letter of credit, certificate of deposit, or deposit of cash or gold must remain in effect until the reclamation of all land covered by the bond is completed to the standard of AS 27.19 and this chapter, and their release is approved by the commissioner.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.415 Acreage to be bonded

(a) Acreage that must be bonded before a mining operation begins in any calendar year is limited to any area to be mined during that calendar year, plus any mined area (as that term is defined in 11 AAC 97.990) mined in a previous year for which reclamation must be completed under this chapter; it is not necessarily the same as the entire acreage of the mining operation. For an underground mine, only the surface acreage disturbed by the operation constitutes "mined area" for purposes of the bond requirement.

(b) After a multi-year reclamation plan goes into effect, the miner shall ensure that the bond amount is sufficient at all times to cover any area to be mined during the current calendar year, plus any area mined in a previous year that has not yet been reclaimed.

(c) Any previously reclaimed area that is to be mined again is subject to the bond requirement in the year that mining resumes and until it is reclaimed.

(d) In calculating the number of acres that must be bonded, a miner must round up to the next whole number.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.420 Amount of bond

(a) The amount of the performance bond required by 11 AAC 97.400 is $750 per acre, or the reduced per-acre amount determined by the commissioner under (b) of this section, multiplied by the acreage total determined under 11 AAC 97.415.

(b) If a miner shows to the commissioner's satisfaction that the reasonable and probable costs of reclamation under an approved reclamation plan are less than $750 per acre, the commissioner will reduce the bond to those costs. The miner's showing must be submitted along with the proposed reclamation plan and must include an estimate of the labor and equipment costs that would be incurred to hire a third-party contractor to perform the reclamation in accordance with the plan. In evaluating a miner's proposal for reduction of the bond amount, the commissioner will consider the nature of the surface, its uses, improvements in the vicinity of the land, the degree of risk involved in the mining operation, and all other relevant factors. The commissioner will make a determination on this request of bond reduction in the time schedules set out in 11 AAC 97.300.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.425 Bonding pool

(a) A statewide bonding pool has been established by the department for mining operations subject to AS 27.19. Instead of posting an individual performance bond, a miner may participate in the bonding pool.

(b) To participate in the bonding pool each year, the miner shall pay into the pool a deposit of 15 percent of the miner's total bond amount determined under 11 AAC 97.420(a) for that year, plus an annual nonrefundable fee of five percent of the total bond amount for that year. These percentages are the same for all operations.

(c) Except for an operation whose bond amount is reduced below $750 per acre under 11 AAC 97.420(b), the percentages set by (b) of this section result in a bonding pool deposit of $112.50 per acre and an annual nonrefundable fee of $37.50 per acre.

(d) No reclamation plan approval goes into effect until the bonding pool deposit and annual nonrefundable fee are paid. The annual nonrefundable fee for the first year of a reclamation plan may not be prorated or reduced. Subsequent annual nonrefundable fees for any unreclaimed acreage are due by April 1 of each year that the reclamation is not completed or before the mining operation begins in each calendar year, whichever is earlier. If the amount of acreage requiring reclamation varies from year to year under the plan, the miner is responsible for making the appropriate payment, including an increased deposit when required, each year. If the acreage decreases, the miner may apply, under 11 AAC 97.435, for a refund of the excess deposit. The miner must pay the annual nonrefundable fee, and the increased deposit when required by the reclamation plan, without billing from the department. A late payment automatically suspends approval of the reclamation plan until full payment, including the late-payment fee set out in 11 AAC 05.030, is received, at which time the reclamation plan is automatically reinstated. During such a suspension, the miner may not engage in a mining operation.

(e) If the commissioner, in his or her discretion, allows a miner who is subject to the bonding requirement of AS 27.21.160 to participate in the bonding pool, the bonding pool is not obligated for an amount exceeding $750 per acre. Any additional bond amount required under AS 27.21.160 must be provided under one of the mechanisms allowed under AS 27.21.160 and 11 AAC 90.

History

Authority: Sec. 2, ch. 92,AS 27.19.030 SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123; am 1/4/95, Register 133; am 7/1/2018, Register 227

11 AAC 97.430 Liability exceeding bond amount; bonding pool deposit

The posting of a performance bond, or participation in the bonding pool, does not limit the department's right to seek further compensation for a violation of AS 27.19, this chapter, or the approved reclamation plan. The miner is liable for the full costs of reclamation to the standards of AS 27.19, this chapter, and the approved reclamation plan, regardless of the amount of the reclamation bond or bonding pool deposit and fees.

History

Authority: Sec. 2, ch. 92, AS 27.19.030; AS 27.19.070 SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.435 Release or decrease of bond, and refund of bonding pool deposit

(a) An application for release or decrease of the amount of a performance bond, or for refund of a deposit paid into the bonding pool, must include a sworn statement, executed under penalty of perjury, verifying that the miner has examined the requirements of his or her approved reclamation plan, has investigated the nature and extent of reclamation, and certifies as true that all applicable reclamation responsibilities have been completed.

(b) Before authorizing release of or decrease in the amount of the bond, or refund of a deposit paid into the bonding pool, the commissioner will inspect or review actions taken under the approved reclamation plan, and will make a written finding that each applicable requirement of the approved reclamation plan has been completed. The commissioner will, in his or her discretion, require the miner to submit photographs or other information documenting the reclamation, and, if no inspection takes place, the commissioner will base his or her finding and bond release on the miner's documentary evidence and sworn statement. If reclamation was done in accordance with the plan and with the miner's sworn statement, the commissioner's finding constitutes approval of the reclaimed area and releases the miner from liability under AS 27.19. If reclamation was not done in accordance with the plan and with the miner's sworn statement, the miner remains liable under AS 27.19, notwithstanding the commissioner's finding.

(c) If another agency with jurisdiction over the mining operation agrees to accept the miner's posting of a bond or bond pool deposit with the commissioner as satisfying its own bond requirement, and has filed a written request or entered into a cooperative management agreement under AS 27.19.060 to be notified before the commissioner releases or reduces the bond or bond pool deposit, the commissioner will give the other agency reasonable notice.

(d) Upon request by the miner and consent of the affected surety or financial institution, the commissioner will apply the performance bond, or the bonding pool deposit or a portion of it, to new acreage under a new reclamation plan or amendment to a reclamation plan submitted by the miner. The non-refundable annual fee is not transferable and is due for all new acreage to be mined.

History

Authority: Sec. 2, ch. 92, AS 27.19.040 SLA 1990AS 27.19.060
Eff. 7/30/92, Register 123

11 AAC 97.440 Interest; use of bonding pool

(a) No miner or surety is entitled to receive interest on any sum deposited into the bonding pool.

(b) The bonding pool, including any accrued interest, may be used by the department only to pay the reclamation costs that have not been paid by the miner or the miner's surety despite the department's reasonable efforts to recover the costs from the miner and the miner's surety. Reclamation funded from the bonding pool will be performed to the standard of AS 27.19.020 and 11 AAC 97.200 - 11 AAC 97.250. The commissioner will, in his or her discretion, use money in the bonding pool for reclamation in accordance with AS 27.19, except that the commissioner will not use a refundable deposit to fulfill another miner's reclamation obligation. The commissioner has no obligation or authority under AS 27.19 to undertake reclamation expenditures beyond the disbursable balance of the bonding pool.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.445 Assignment

If a miner assigns his or her interest in any uncompleted mining operation, and the commissioner has amended the reclamation plan to reflect the transfer and released the assignor in accordance with 11 AAC 97.350, the commissioner will transfer the assignor's bonding pool deposit and annual nonrefundable bonding pool fee to the assignee upon the written request of the assignee and written consent of the assignor.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.450 Exception to bonding requirement

No bond is required under AS 27.19.040 and 11 AAC 97.400 if the miner is an agency of the State of Alaska or federal government or is a municipality.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

Article 5 Exemptions for Small Operations

11 AAC 97.500 Letter of intent

(a) The letter of intent required by AS 27.19.050(b) must be filed annually on a form provided by the department before the mining begins. The following information must be provided:

(1) the name, address, and telephone number of the miner or other person who will serve as agent to receive any notice that is required by this chapter, and the names, addresses, and telephone numbers of all other owners, operators, or leaseholders of the mining operation;

(2) a list of all properties, mining locations, or leases on which the mining operation is to be conducted, including the state or federal casefile number, and the legal description of the land on which the mining operation is to be conducted, described by legal subdivision, section, quarter-section, township, range and meridian;

(3) a map (United States Geological Survey topographic map or the equivalent) at a scale no smaller than 1:63, 360 (inch to the mile) showing the general vicinity of the mining operation and the specific property to be worked; for a material mining operation adjacent to an airport or a public road, the commissioner will, in his or her discretion, waive this requirement and allow the location to be specified by the name of the airport or by the road milepost;

(4) a diagram of the mining operation and the mined area that shows and states the number of acres to be mined during the year and that shows the location corners or property boundaries and their relationship to the reclamation work, the tailings or spoil disposal areas, and the areas otherwise to be affected by the operation; the information furnished must be reasonably appropriate to the scale and complexity of the mine;

(5) total acreage and volume of material to be mined, and the existing acreage of mined area;

(6) total acreage to be reclaimed in the year covered by the letter of intent;

(7) a description of the reclamation measures that will be taken to comply with AS 27.19.020 and 11 AAC 97.200 - 11 AAC 97.250;

(8) if on private land, a signed and notarized statement by the landowner that the miner has the landowner's permission to operate throughout the period covered by the letter of intent; however, this statement is not required if the miner is the landowner, or if the mining operation is on a prior federal mining location and the private landowner received title subject to that location under sec. 22(c) of PL 92-203, the Alaska Native Claims Settlement Act (43 U.S.C. 1621(c)); if the private landowner believes that reclamation to the standard set out in AS 27.19.020 is not feasible because the landowner intends to use the land after mining for a purpose incompatible with natural revegetation, the landowner is encouraged to provide this information as part of the statement. For the purposes of this paragraph, the landowner is the owner of the estate that includes the mineral or material to be mined.

(b) The miner shall keep the department informed of the miner's correct address until the reclamation is completed.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.050
Eff. 7/30/92, Register 123

11 AAC 97.510 Annual reclamation statement

(a) The annual reclamation statement required by AS 27.19.050(c) must be filed on a form provided by the department and must include photographs or videotapes dated and described as to location, or other information acceptable to the commissioner, documenting that the reclamation was completed. It must also state the cumulative total of unreclaimed acreage.

(b) The annual reclamation statement must be filed or postmarked by December 31 for each calendar year.

(c) A miner who files a letter of intent must file an annual reclamation statement, even if no mining took place during that year.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.050
Eff. 7/30/92, Register 123

Article 6 Violations and Penalties

11 AAC 97.600 Failure to file reclamation statement

A miner who fails to file an annual reclamation statement in accordance with 11 AAC 97.510 may not continue or resume that mining operation without an approved reclamation plan and a bond. The miner may restore the exemption by fully complying with 11 AAC 97.510(a) and (c). Until the miner supplies the documentation required by those subsections, a rebuttable presumption is established that the miner has failed to reclaim the mining operation to the standards of AS 27.19 and this chapter.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.050
Eff. 7/30/92, Register 123

11 AAC 97.610 Failure to meet requirements or reclaim small operation

The penalties stated in AS 27.19.050(d) apply if a miner who obtained an exemption under AS 27.19.050(a) exceeds the acreage or cubic yardage limits of that subsection, or if the commissioner determines that the miner has failed to reclaim the mining operation to the standards of AS 27.19 and this chapter. These penalties apply regardless of where the miner's subsequent mining operation occurs.

History

Authority: Sec. 2, ch. 92, AS 27.19.050 SLA 1990AS 27.19.070
Eff. 7/30/92, Register 123

11 AAC 97.620 Violation of reclamation plan

AS 27.19.040(c) applies to a participant in the statewide bonding pool in the same way as to a miner who has filed an individual performance bond. Under the circumstances set out in AS 27.19.040(c), a statewide bonding pool participant's bonding pool deposit will become nonrefundable.

History

Authority: Sec. 2, ch. 92, AS 27.19.030; AS 27.19.070 SLA 1990AS 27.19.040
Eff. 7/30/92, Register 123

11 AAC 97.630 Administrative determination of violation

If, after the commissioner issues a written order to a miner, the miner fails to correct a violation of AS 27.19 or this chapter within the period set by the commissioner, the commissioner will, in his or her discretion, serve an accusation in accordance with AS 44.62.360, and 44.62.380 and will conduct further proceedings in accordance with AS 44.62.330 - 44.62.650.

History

Authority: Sec. 2, ch. 92, AS 27.19.070 SLA 1990AS 27.19.080
Eff. 7/30/92, Register 123

11 AAC 97.640 Reclamation risk assessment fee

(a) The reclamation risk assessment fee required by AS 27.19.070(c) applies to a miner who has had any portion of his or her bonding pool deposit become nonrefundable, in the same way as it applies to a miner who has forfeited a reclamation bond or has been held liable in a civil action. The requirement applies to any future mining operation by that miner, regardless of location, for the period set out in (d) of this section.

(b) The reclamation risk assessment fee required by AS 27.19.070(c) must be tendered to the department in the form of a performance bond meeting the requirements of 11 AAC 97.405 or 11 AAC 97.410. The miner may not participate in the statewide bonding pool to meet this requirement.

(c) The reclamation risk assessment fee is required in addition to, not instead of, the bonding requirements of this chapter.

(d) The reclamation risk assessment fee will be refunded to the miner after two consecutive years of mining operations in complete compliance with AS 27.19, this chapter, and the approved mining reclamation plan then in effect for that miner.

(e) If a miner who has posted a reclamation risk assessment fee is determined to be in violation of AS 27.19, this chapter, or an approved reclamation plan, the reclamation risk assessment fee will be forfeited to the statewide bonding pool.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.070
Eff. 7/30/92, Register 123

Article 7 Cooperative Management Agreements

11 AAC 97.700 Cooperative agreements

(a) Upon a written finding that the state's best interest will be served, the commissioner will, in his or her discretion, enter into a cooperative management agreement with a federal or state agency under AS 27.19.060, or with a municipality under art. X, sec. 13 of the Alaska Constitution, to implement AS 27.19 and this chapter. Except as provided in (b) of this section, the cooperative agreement will, in the commissioner's discretion, provide

(1) that the federal or state agency will implement AS 27.19 and this chapter with respect to the land that it manages, or that the municipality will implement AS 27.19 and this chapter with respect to the land that it owns; or

(2) that the department and the federal or state agency or the municipality will implement both its own and the other's reclamation authority on a reciprocal basis.

(b) A cooperative agreement with another state agency will, in the commissioner's discretion, delegate to the state agency administrative review authority under the Administrative Procedure Act.

(1) "state agency" means any organizational unit of the executive branch of the state, but does not include any agency in the judicial or legislative branches of the state government;

(2) "federal agency" means any organizational unit of the executive branch of the federal government, but does not include an agency in the judicial or legislative branches of the federal government.

History

Authority: Art. X, sec. 13,AS 27.19.010; AS 44.62.340 Alaska Const.AS 27.19.060; AS 44.62.640 Sec. 2, ch. 92,AS 27.19.100 SLA 1990AS 38.05.020
Eff. 7/30/92, Register 123

Article 8 General Provisions

11 AAC 97.900 Boundary maintenance

In order to provide an accurate reference for the location of the reclaimed area, a miner must maintain or reestablish all location corners or property boundaries described in the reclamation plan until the commissioner inspects the site or reviews it for reclamation approval or bond release under 11 AAC 97.435.

History

Authority: Sec. 2, ch. 92, AS 27.19.020 SLA 1990AS 38.05.020
Eff. 7/30/92, Register 123

11 AAC 97.910 Multiple miners; liability

(a) If more than one miner is involved in a mining operation, the commissioner will consider the miner or other person identified as the agent in the letter of intent or reclamation plan to be the miners' agent for purposes of any notice under this chapter until the department is otherwise notified. All notices provided by the department to the miners' agent constitute notice to all miners involved in a mining operation.

(b) All miners involved in a mining operation are jointly and severally liable for any penalty for failure to comply with AS 27.19 and this chapter.

History

Authority: Sec. 2, ch. 92, AS 27.19.020; AS 27.19.100 SLA 1990AS 27.19.070
Eff. 7/30/92, Register 123

11 AAC 97.990 Definitions

In this chapter:

(1) "commissioner" means the commissioner of natural resources;

(2) "mined area" has the same meaning as in AS 27.19.100(2); however, that definition applies only if the mining occurred after October 14, 1991;

(3) "miner" has the same meaning as in AS 27.19.100(3); however, "miner" does not include a state, federal, or municipal landowner, regardless of whether that landowner retains a royalty interest as lessor, unless it owns or operates the mining operation; nor does "miner" include any other landowner, unless the landowner has a managing interest or working interest in the mining operation;

(4) "previously mined area" means the land surface, reclaimed or not, that is left by a mining activity.

History

Authority: Sec. 2, ch. 92, SLA 1990AS 27.19.100
Eff. 7/30/92, Register 123

Chapter 98 Public Purpose

11 AAC 98.010 Public purpose

In AS 38 and 11 AAC 51.010 - 11 AAC 97.990, "public purpose" means a use or disposal of state land or resources that contributes a substantial benefit to the general public, including if the use or disposal

(1) furthers the delivery of governmental services or functions by a federal or state agency or a political subdivision;

(2) promotes the general health, safety, or welfare;

(3) facilitates access to and enjoyment of the natural resources of the state;

(4) supports private commerce or industry that contributes to the economic development of the state or any part of the state, including the creation, retention, or expansion of employment opportunities; or

(5) is otherwise determined by the commissioner to be in the interest of the state.

History

Authority: AS 38.05.020; AS 38.05.555; AS 38.05.810
Eff. 3/14/2026, Register 257

Part 7 Trust Land Management

Chapter 99 Management of Alaska Mental Health Trust Land

11 AAC 99.010 Authority and duties of executive director

(a) The executive director shall exercise the authority of that office consistently with this chapter and other provisions of law as implemented by this chapter. To implement the management goals and priorities contained in the contract required by AS 37.14.009(a)(2), between the department and the trust authority, the executive director shall manage mental health trust land consistently with 11 AAC 99.020 and with the asset and resource allocations contained in that contract.

(b) Authorized actions include the management, sale, lease, conveyance, permitting, licensing, dedication, and other management or disposal action concerning the trust land. The executive director may delegate authority for the management and disposal of trust land consistent with AS 38.05.801 and AS 37.14.009 to an employee of the department. The executive director may provide for the acquisition, dedication, and maintenance of rights-of-way and easements to and across trust land, by agreement or otherwise.

(c) The executive director may acquire land on behalf of the trust consistently with the statutes and regulations and with the approval of the trust authority.

(d) Decisions made or actions taken without the approval of the executive director have no effect on trust land.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.020 Management of Alaska mental health trust land

(a) This section describes the management responsibilities that are consistent with trust principles accepted by the Territory and State of Alaska under the Alaska Mental Health Enabling Act (P.L. 84-830, 70 Stat. 709 (1956)).

(b) Trust land shall be managed consistently with trust responsibilities accepted by the state under the Alaska Mental Health Enabling Act (P.L. 84-830, 70 Stat. 709 (1956)), which means that management shall be conducted solely in the best interest of the Alaska mental health trust and its beneficiaries.

(c) In determining the best interest of the trust and its beneficiaries, and in determining consistency between state law and the Alaska Mental Health Enabling Act (P.L. 84-830, 70 Stat. 709 (1956)), the executive director shall, at a minimum, consider the following trust management principles:

(1) maximization of long-term revenue from trust land;

(2) protection of the corpus;

(3) protection and enhancement of the long-term productivity of trust land;

(4) encouragement of a diversity of revenue-producing uses of trust land; and

(5) management of trust land prudently, efficiently, and with accountability to the trust and its beneficiaries.

(d) The disposal of trust land shall be made on a competitive basis, unless

(1) the executive director, in consultation with the trust authority, determines in a written decision required by 11 AAC 99.040 that a non-competitive disposal is in the best interest of the trust and its beneficiaries; or

(2) an existing law that is applicable to other state land and that is consistent with (a) - (c) of this section allows for a negotiated transaction.

(e) If a provision of state law requires that an action be taken or decision be made in the "best interest of the state," that provision as applied to trust land means that the action must be taken or decision be made in the best interest of the trust and its beneficiaries.

(f) Unless otherwise specified in this chapter, every provision of law applicable to other state land applies to the management of trust land unless its application is determined, in the written finding required by 11 AAC 99.040, to be inconsistent, in whole or in part, with (a) - (c) of this section.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.030 General land management and disposal actions

(a) The executive director may accept and adjudicate, or reject, an application for any action on trust land at any time. The acceptance of an application or expression of interest vests no rights in an applicant or a third party.

(b) Trust land shall be valued, before disposal, by a method determined by the executive director to be consistent with 11 AAC 99.020.

(c) The executive director shall keep the trust authority informed of trust land management and disposal actions on a regular basis, as may be required by the contract between the department and the trust authority.

(d) The executive director shall consult with the trust authority before issuing the public notice of a written decision required by 11 AAC 99.040.

(e) Provisions of law applicable to other state land, including AS 38.05.840, that appear to be in conflict with this section do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.040 Written decision of best interest and consistency

(a) The executive director shall prepare a written decision, on a case-by-case basis, before disposing of trust land and before taking any other action that requires a determination that a relevant provision of law applying to other state land will not be applied to trust land because of an inconsistency with 11 AAC 99.020.

(b) The written decision must describe the proposed action, state why it is in the best interest of the trust and its beneficiaries, cite the authority for the action, and state why any relevant provision of law applicable to other state land has been found to be inconsistent with 11 AAC 99.020 and will not be applied to the proposed action.

(c) Provisions of law applicable to other state land, including AS 38.05.035(e) - (g), that appear to be in conflict with this section do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.050 Public notice

(a) Notice of an action requiring a written decision under 11 AAC 99.040, and notice under 11 AAC 99.090, shall be published in a newspaper or other publication of general circulation at least 30 days before the action. In addition, at least 30 days before the action, notice shall be provided

(1) to the trust authority;

(2) to the appropriate municipality, if the trust land is located within the boundaries of a municipality;

(3) to the appropriate Alaska Native regional nonprofit corporation, if the trust land is outside of a municipality and within the geographic boundaries of an Alaska Native region as established by 43 U.S.C. 1606 (Alaska Native Claims Settlement Act, sec. 7); and

(4) by any other method the executive director considers reasonable, including publication in a trade journal, posting of notice in a public place, electronic media announcements, display advertisements, and mailing to interested parties.

(b) Provisions of law applicable to other state land, including AS 38.05.945 and AS 38.05.946, that appear to be in conflict with this section do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.060 Appeals

(a) A decision by the executive director is a final agency action. Judicial review may be sought under AS 44.62.560.

(b) Before an appeal under AS 44.62.560 or other applicable law may be taken, a person who, under AS 38.05.035(i), is eligible to file for reconsideration must do so within 20 calendar days after publication of notice or receipt of the decision, whichever is earlier. The executive director shall order or deny reconsideration within 20 days after receiving the request for reconsideration. If the executive director takes no action during the 20-day period following receipt of the request, the request is considered denied. Denial of a request for reconsideration is the final administrative decision for purposes of appeal to the superior court under AS 44.62.560.

(c) A person may appeal a decision made under 11 AAC 99.040 to the superior court, but only if the person was eligible to request, and did request, reconsideration under (b) of this section. The person must initiate the appeal within 30 days after the date that the decision on reconsideration is mailed or the date the request for reconsideration is considered denied by the executive director, whichever is earlier.

(d) Provisions of law applicable to other state land, including AS 38.05.035 and 11 AAC 02, that appear to be in conflict with this section do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding. A provision found to be consistent then forms a part of the appeals process for that action under this section.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.070 Transfers and assignments

The transfer of an interest in trust land, including an assignment under AS 38.05.920, is not effective unless approved by the executive director on a form designated by the executive director. A transfer may not be approved unless it is consistent with 11 AAC 99.020. The executive director's approval is not required before the transfer of a valid mining right under AS 38.05.185 - 38.05.275, that vested before the effective date of the land's designation as Alaska mental health trust land.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.080 Closure of mental health trust land

The executive director, after consultation with the trust authority, may close trust land to any use inconsistent with 11 AAC 99.020.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.090 Classification, planning, and other designations

(a) Alaska mental health trust land is designated and classified as trust land, to be managed consistently with AS 37.14.009, AS 38.05.801, and this chapter, with no further action required by the executive director or the department. Trust land may be used for any purpose that is consistent with 11 AAC 99.020 and other provisions of law.

(b) The executive director, in consultation with the trust authority, shall prepare and maintain an inventory of trust land and improvements. The inventory must contain, at a minimum, the legal description, size, and location of each parcel.

(c) The executive director, in consultation with the trust authority, shall adopt and maintain a long-term asset management strategy that establishes goals for managing the trust land assets to execute the overall trust management principles of 11 AAC 99.020. The strategy shall be adopted, and may be amended, following public notice under 11 AAC 99.050. The strategy may not preclude the executive director from taking site-specific action on trust land that is consistent with 11 AAC 99.020 and other provisions of law.

(d) If trust land was included in a state plan, or was subject to a classification or other designation, before its designation as trust land, the executive director, when considering a proposed disposal, shall review any such plan or other designation of the department before completing a written decision under 11 AAC 99.040.

(e) Provisions of law applicable to other state land, including AS 38.04, AS 38.05.112, 38.05.113, 38.05.180(b), and AS 38.05.300, that require action that appears to be in conflict with this section do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding.

History

Authority: AS 37.14.009Sec. 40, ch. 5,AS 38.05.020 FSSLA 1994,AS 38.05.801 as amended by secs. 4 and 5, ch. 1, SSSLA 1994
Eff. 3/31/97, Register 141

11 AAC 99.100 Mining rights

(a) Rights to locatable minerals on trust land are available only as provided in this section. To the extent that a statute or regulation applicable to other state land, including AS 38.05.185, 38.05.195, 38.05.205, and 38.05.245, contains a requirement that provides for or permits the acquisition of mineral rights, rights to prospect, or rights that open land to claim staking, mineral location, or leasehold location, that provision of law is considered inconsistent with 11 AAC 99.020, and does not apply to trust land.

(b) The executive director, in consultation with the trust authority, shall open areas of trust land under one or more of the following methods, or under (c) of this section, which the executive director determines to be consistent with 11 AAC 99.020:

(1) competitive lease;

(2) exploration license;

(3) negotiated agreement;

(4) prospecting permit;

(5) mineral entry; or

(6) by other methods that the executive director considered appropriate.

(c) If an area is not opened for the disposal of rights to locatable minerals under (b) of this section, a person may apply under 11 AAC 99.030 for an authorization to explore and prospect for or lease locatable minerals in that area.

(d) Terms and conditions of an authorization under (b) of this section, applicable to mining rights on trust land, shall be developed in consultation with the trust authority.

(e) The rent, royalty, and assessment work credit provisions of law applicable to other state land, including AS 38.05.211 and 38.05.212, do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding.

(f) Nothing in this chapter affects valid mineral rights on trust land that existed at the time the land was designated as trust land.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.110 Direct use by beneficiaries

A trust beneficiary, or an organization acting on behalf of a trust beneficiary wanting to use trust land to directly benefit persons as part of, or to fulfill, the trust authority's purpose to ensure a plan for an integrated, comprehensive mental health program prepared under AS 47.30.660(a)(1), may be granted use of trust land. Trust land use to be granted under this section must be approved by the authority before consideration by the executive director.

History

Authority: AS 37.14.007; AS 38.05.020 AS 37.14.009; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.120 Confidentiality of materials

(a) Every provision of law that provides for the confidentiality or inspection of public records that applies to the management of state land also applies to the management of trust land, unless its application is determined by the executive director in writing, on a case-by-case basis, to be inconsistent with 11 AAC 99.020.

(b) Material, including verbally transmitted information determined to be confidential by the executive director under (a) of this section, shall be made available to the trust authority upon request, subject to the requirement that the material will remain confidential after receipt.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

11 AAC 99.130 Fees

(a) Except as otherwise provided in this chapter, fees for services, documents, or actions to be performed or provided relating to trust land, other than consideration for real property interests, resources, or authorizations, will be based on an estimate of the administrative costs relating to providing the service, document, or action, including personnel, travel, and materials, to be incurred by the department.

(b) The minimum fee for initial processing of an application is $150, which is nonrefundable, unless the fee is waived by the executive director on the basis of overriding benefit to the trust. Subsequent processing costs, consistent with (a) of this section, will be estimated after the application is received.

(c) Except for 11 AAC 05.030(a)(1) - (5), (7) and (8), and 11 AAC 05.270, statutes and regulations applicable to other state land that appear to be in conflict with this section do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding.

History

Authority: AS 37.14.009; AS 38.05.035 AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141; am 7/1/2018, Register 227

11 AAC 99.140 Application of other state and local law

(a) The management of trust land is subject to the police power authority of the state and its political subdivisions to the same extent as private land, including compliance with AS 41.17.

(b) Land designated as trust land by sec. 40(a)(1) and (2), ch. 5, FSSLA 1994, as amended by sec. 4, ch. 1, SSSLA 1994, remains subject to all encumbrances and interests existing on the effective date of its designation as Alaska mental health trust land.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141; am 12/27/2012, Register 204

11 AAC 99.990 Definitions

In this chapter, in AS 38.05.801, and elsewhere in the statutes and regulations as applied to trust land, and unless otherwise specified,

(1) "Alaska mental health trust" and "trust" mean the Alaska mental health trust established under AS 37.14.001 - 37.14.099, and administered under the trust instrument, which is composed of

(A) the Alaska Mental Health Enabling Act (P.L. 84-830, 70 Stat. 709 (1956));

(B) sec. 6(k) of the Alaska Statehood Act (P.L. 85-508, 72 Stat. 339 (1958));

(C) AS 09.25.050(a); AS 29.25.030; AS 29.45.030; AS 36.30.805(b); AS 37.05.146 and 37.05.540(b); AS 37.13.030 and 37.13.300; AS 37.14.001 - 37.14.099; AS 38.05.801; AS 38.07.030(c); AS 39.25.120(c)(9) and (23); AS 41.15.025; AS 44.21.230(a) and (d); AS 44.25.200 - 44.25.295; AS 44.29.022 - 44.29.140, 44.29.640(b), 44.29.660(13), 44.29.800, 44.29.810, 44.29.830(b), 44.29.850, 44.29.860; 47.30.470 - 47.30.530, 47.30.540(b), 47.30.545, 47.30.547, 47.30.550(e), 47.30.590 - 47.30.610, 47.30.660, 47.30.910(d) and (g), and 47.30.915(20); AS 47.37.040(10) and 47.37.125; and 47.80.110; sec. 58, ch. 66, SLA 1991, as repealed and reenacted by sec. 37, ch. 5, FSSLA 1994 and amended by sec. 2, ch. 1, SSSLA 1994; sec. 40, ch. 5, FSSLA 1994, as amended by secs. 4 and 5, ch. 1, SSSLA 1994; sec. 41, ch. 5, FSSLA 1994, as amended by secs. 6 and 7, ch. 1, SSSLA 1994; secs. 42 - 46 and 48, ch. 1, SSSLA 1994; and secs. 1 and 2, ch. 6, FSSLA 1994;

(D) the "Settlement Agreement and Stipulations to Terms of Dismissal," dated June 10, 1994, with attachments, in Weiss v. State (4FA-82-2208 Civil); and

(E) the "Order," dated December 13, 1994, dismissing Weiss v. State (4FA-82-2208 Civil);

(2) "Alaska mental health trust land," "trust land," and "land" when referring to that trust land, mean the land, and interests and resources in the land, including improvements to the land, referred to in sec. 40(a)(1) and (2), ch. 5, FSSLA 1994, as amended by sec. 4, ch. 1, SSSLA 1994; the terms also include land, and interests and resources in land, including improvements to the land, acquired by or on behalf of the trust by any other means after June 24, 1994;

(3) "authority" and "trust authority" mean the Alaska Mental Health Trust Authority established by AS 44.25.200;

(4) "beneficiary" means a person who is a beneficiary of the mental health lands trust created by Congress in the Alaska Mental Health Enabling Act (P.L. 84-830, 70 Stat. 709 (1956)), including a resident of the state who is mentally ill, mentally defective or retarded, chronically alcoholic suffering from a psychosis, or senile and as a result of that senility suffers from a major mental illness, and any other person needing mental health services as the legislature may determine;

(5) "commissioner" means the commissioner of the Department of Natural Resources;

(6) "consult" means giving to the trust authority or its designee timely notice of the general terms and conditions of a proposed action, opportunity for a discussion of issues related to and consideration of the proposed action, opportunity to obtain relevant information, and opportunity to furnish comments and advice;

(7) "department" means the Department of Natural Resources;

(8) "disposal" means the transfer of land or resources, or of an interest in land or resources, but does not include

(A) a permit or other authorization that is revocable by the executive director;

(B) a sale of up to 500,000 board feet of timber or 100,000 cubic yards of materials; or

(C) other nonrenewable authorizations for the private, exclusive use of land not to exceed one year, or for a private or public nonexclusive use;

(9) "executive director" means the executive director or other officer designated by the commissioner as the head of the unit required by AS 44.37.050, or the executive director's designee;

(10) "other state land" means state land that is not Alaska mental health trust land.

History

Authority: AS 37.14.009; AS 38.05.020; AS 38.05.801
Eff. 3/31/97, Register 141

Part 8 Alaska Coastal Management Program

Chapter 110 Alaska Coastal Management Program Implementation

Eff. 7/1/2004, Register 170; am 6/1/2005, Register 175; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Article 6 Elevation

11 AAC 110.600 Elevation process

Repealed.

History

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; am 6/1/2005, Register 175; repealed 12/27/2012, Register 204

Chapter 112 Statewide Standards of the Alaska Coastal Management Program

Article 1 Applicability and Coverage of Chapter

11 AAC 112.010 Applicability

Repealed.

History

Eff. 7/1/2004, Register 170; am 6/1/2005, Register 175; repealed 12/27/2012, Register 204

11 AAC 112.020 Coverage of chapter

Repealed.

History

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Article 4 General Provisions

11 AAC 112.900 Sequencing process to avoid, minimize, or mitigate

Repealed.

History

Eff. 7/1/2004, Register 170; am 10/29/2004, Register 172; repealed 12/27/2012, Register 204

11 AAC 112.990 Definitions

Repealed.

History

Eff. 7/1/2004, Register 170; am 10/29/2004, Register 172; repealed 12/27/2012, Register 204

Chapter 114 District Coastal Management Plan Requirements

Article 1 Government Process

11 AAC 114.010 Public participation and information

Repealed.

History

Eff. 7/1/2004, Register 170; am 10/29/2004, Register 172; repealed 12/27/2012, Register 204

11 AAC 114.020 Program management and coordination

Repealed.

History

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

Article 5 General Provisions

11 AAC 114.900 Computation of time

Repealed.

History

Eff. 7/1/2004, Register 170; repealed 12/27/2012, Register 204

11 AAC 114.990 Definitions

Repealed.

History

Eff. 7/1/2004, Register 170; am 10/29/2004, Register 172; am 6/1/2005, Register 175; repealed 12/27/2012, Register 204

Part 9 Protection of Fish Habitat

Chapter 195 Anadromous Fish Habitat

11 AAC 195.010 Waters important to anadromous fish

Relocated.

Part 10 Miscellaneous

Chapter 200 Derelict and Abandoned Vessels

Article 1 Derelict Vessel Prevention Program Fund

11 AAC 200.010 Derelict vessel prevention program fund

(a) The department may use the derelict vessel prevention program fund established under AS 30.30.096 to

(1) reimburse

(A) a municipality for a derelict vessel removal from waters of the state and from state or municipal property; or

(B) a state agency, including the department, for a derelict vessel removal from waters of the state and from state or municipal property;

(2) pay for the development and implementation of other derelict vessel prevention program goals;

(3) subsidize a project directly related to the derelict vessel prevention program; and

(4) pay the costs of administering the fund.

(b) The department will allocate an annual percentage of money available from the derelict vessel prevention program fund to uses set out in (a) of this section, as follows:

(1) the use set out under (a)(1)(A) of this section will be allocated up to 42.5 percent;

(2) the use set out under (a)(1)(B) of this section will be allocated up to 42.5 percent;

(3) for program development, program implementation, or a project subsidy as set out under (a)(2) and (3) of this section, up to 13 percent collectively; and

(4) for fund administration as set out under (a)(4) of this section, up to two percent.

(c) If money from the derelict vessel prevention program fund remains available to the department, the allocation percentages set out under (b) of the section may be exceeded if

(1) the removal of a derelict vessel would prevent substantial environmental or economic harm;

(2) the removal of a derelict vessel would substantially improve ecological or economic function; or

(3) any portion of the annual fiscal year funding available to the department remains unspent after December 31 of each year.

History

Authority: AS 30.30.090; AS 30.30.096 AS 30.30.095; AS 30.30.165
Eff. 3/26/2025, Register 253

11 AAC 200.015 Reimbursements to municipalities

(a) For reimbursements under 11 AAC 200.010(a)(1)(A),

(1) the department will run a 60-day solicitation on April 1 of each year to collect applications for reimbursement; the department will post information about the solicitation on the department's abandoned and derelict vessel program website, including the annual amount of funding available, the application packet for reimbursement, and the list of projects chosen for reimbursement; if funding remains after completion of the first solicitation period, the department will accept applications on a continuous basis until the allocated percentage listed in 11 AAC 200.010(b)(1) is reached;

(2) the department will accept an application seeking

(A) reimbursement for a derelict vessel removal that has been conducted; or

(B) a guarantee of reimbursement for a derelict vessel removal that a municipality seeks to conduct;

(3) a municipality seeking reimbursement for a derelict vessel removal that has been completed must submit an application on a form provided by the department; the application must include

(A) any information known to the municipality that is responsive to the criteria listed in (b) of this section;

(B) all receipts directly tied to the removal of the vessel;

(D) the date the vessel removal occurred; and

(E) other additional information the department determines is necessary to make a determination under (b) of this section;

(4) a municipality seeking a guarantee of reimbursement for a derelict vessel removal it seeks to conduct must submit an application on a form provided by the department; the application must include

(A) any information known to the municipality that is responsive to the criteria listed in (b) of this section;

(B) a formal estimate of the removal cost;

(D) the total amount the municipality is requesting for the reimbursement guarantee; and

(E) other additional information the department determines is necessary to make a determination under (b) of this section.

(b) In reaching a decision on an application, the department will consider

(1) whether the vessel is a derelict vessel within the meaning given in AS 30.30.090;

(2) whether the vessel is an important cultural resource;

(3) whether the vessel's removal may adversely affect cultural resources;

(4) whether reasonable efforts have been made to identify, locate, and hold accountable the party responsible for the vessel;

(5) the condition of the vessel and whether the vessel poses a risk of sinking or breaking up;

(6) whether the vessel poses an environmental hazard;

(7) whether the vessel poses a public safety threat; and

(8) whether the vessel may obstruct other productive uses of the area.

(1) the total amount to be reimbursed; and

(2) the date by which the vessel removal must be completed.

(d) If the vessel removal is not complete on or before the date set by the department, the department may withhold the entire sum previously approved for reimbursement.

History

Authority: AS 30.30.090; AS 30.30.096 AS 30.30.095; AS 30.30.165
Eff. 3/26/2025, Register 253

11 AAC 200.016 Reimbursements to state agencies

(a) For reimbursements under 11 AAC 200.010(a)(1)(B), the department will accept on a continuous basis applications for reimbursement. The department will post information about the reimbursement process on the department's abandoned and derelict vessel program website, including the annual amount of funding available, the application packet for reimbursement, and the list of projects chosen for reimbursement.

(b) A state agency seeking reimbursement for a derelict vessel removal that has been completed must submit an application on a form provided by the department. The application must include

(1) all receipts directly tied to the removal of the vessel;

(2) the total amount the state agency is requesting for reimbursement;

(3) the date the vessel removal occurred; and

(4) other additional information the department determines is necessary to make a determination under (c) of this section.

(1) whether the vessel was a derelict vessel within the meaning given in AS 30.30.090;

(2) whether the vessel was an important cultural resource;

(3) whether the vessel's removal adversely affected cultural resources;

(4) whether the vessel removal was associated with a state or federally funded spill response;

(5) whether reasonable efforts were made to identify, locate, and hold accountable the party responsible for the vessel;

(6) whether the vessel posed an environmental hazard;

(7) whether the vessel posed a public safety threat; and

(8) whether the vessel obstructed other productive uses of the area.

(d) Upon approving an application for reimbursement, the department may specify the total amount to be reimbursed.

History

Authority: AS 30.30.090; AS 30.30.096 AS 30.30.095; AS 30.30.165
Eff. 3/26/2025, Register 253

Article 2 Miscellaneous

11 AAC 200.110 Enforcement authority

(a) For the purpose of enforcing AS 30.30 and this chapter, a peace officer of the state, within the meaning given in AS 30.30.165, may

(1) inspect a vessel believed to be abandoned or derelict;

(2) post a written notice on the vessel as set out in AS 30.30.040(a) and (b);

(3) post a notice of disposition on the vessel as set out in AS 30.30.045(a);

(4) execute a warrant or other process issued by an officer or court of competent jurisdiction as set out in AS 30.30.165(b)(1); or

(5) administer or take an oath, affirmation, or affidavit as set out in AS 30.30.165(b)(2).

(b) The authority granted by AS 30.30.010, 30.30.015, 30.30.055, 30.30.065(a), 30.30.165, and this section is permissive. Nothing in this section

(1) requires an authorized public entity to exercise the authority; or

(2) attaches liability to an authorized public entity that chooses not to exercise the authority.

History

Authority: AS 30.30.010; AS 30.30.165
Eff. 3/26/2025, Register 253

11 AAC 200.900 Definitions

In this chapter,

(1) "abandoned" has the meaning given in AS 30.30.170;

(2) "derelict vessel" means a vessel within the meaning given in AS 30.30.090;

(3) "peace officer" has the meaning given in AS 30.30.165(a);

(4) "removal" means the process of taking possession and disposing of a vessel;

(5) "vessel" has the meaning given in AS 30.30.170.

History

Authority: AS 30.30.090; AS 30.30.095; AS 30.30.096
Eff. 3/26/2025, Register 253