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- Alaska Statutes.
- Title 38. Public Land
- Chapter 5. Alaska Land Act
- Section 135. Leasing Generally; Royalty and Net Profit Share Payments and Interest.
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Section 134. Conversion to Lease.
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Section 137. Leasing Agreements.
AS 38.05.135. Leasing Generally; Royalty and Net Profit Share Payments and Interest.
- (a) Except as otherwise provided, valuable mineral deposits in land belonging to the state shall be open to exploration,
development, and the extraction of minerals. All land, together with tide, submerged, or shoreland, to which the state
holds title to or to which the state may become entitled, may be obtained by permit or lease for the purpose of
exploration, development, and the extraction of minerals. Except as specifically limited by AS 38.05.131
- 38.05.181, land may be withheld from lease
application on a first-come, first-served basis, and offered only on a competitive bid basis when determined by the
commissioner to be in the best interests of the state.
- (b) When mineral land is to be leased, in addition to any other notice given, notice must also be given as provided in AS
38.05.945
.
- (c) Payment of a royalty or a net profit share payment to the state under a lease issued under AS 38.05.135
- 38.05.181 becomes due on the date and in the manner
specified in the lease or in a regulation adopted by the commissioner.
- (d) If a royalty or net profit share payment to which the state is entitled under AS 38.05.135
- 38.05.181 is not paid or is underpaid when it
becomes due under (c) of this section, the unpaid amount of the royalty or net profit share payment bears interest in a
calendar quarter at the rate of five percentage points above the annual rate charged member banks for advances by the
12th Federal Reserve District as of the first day of that calendar quarter, or at the annual rate of 11 percent,
whichever is greater, compounded quarterly as of the last day of that quarter.
- (e) If a royalty or net profit share payment to which the state is entitled under AS 38.05.135
- 38.05.181 is overpaid, interest at the rate and
compounded in the manner provided in (d) of this section shall be allowed and paid on the overpayment. The interest
allowance is subject to the following:
- (1) if the state grants a credit against future payments for the overpayment, the state shall pay interest on the
overpayment
- (A) from the date that is the later of the date the overpayment was
- (i) due; or
- (ii) received;
- (B) to the date that is the earlier of the date
- (i) of notice to the lessee of the credit; or
- (ii) on which the lessee actually takes the credit;
- (2) if the state refunds the overpayment, the state shall pay interest on the overpayment
- (A) from the date that is the later of the date the overpayment was
- (i) due; or
- (ii) received;
- (B) to the date the state issues the refund.
- (f) The issuance by the state and acceptance by a lessee of a credit or refund of an overpayment under (e) of this section
does not affect any right of the state or lessee to claim an adjustment and interest on the overpayment.
- (g) [Repealed, Sec. 1 ch 37 SLA 2001].
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