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- Alaska Statutes.
- Title 38. Public Land
- Chapter 35. Right-of-Way Leasing Act
- Section 50. Applications For Right-of-Way Leases.
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Section 40. Temporary or Emergency Service or Temporary Abandonment, Reduction, or Impairment of Service By Lessee.
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Section 60. Application For Certificate to Abandon or Diminish Service. [Repealed, Sec. 6 Ch 3 Fssla 1973].
AS 38.35.050. Applications For Right-of-Way Leases.
- (a) A person or persons desiring to own a pipeline which is proposed to be located in whole or in part on state land,
shall apply for a noncompetitive right-of-way lease of the state land.
- (b) Applications under (a) of this section shall be made in a form and manner prescribed by regulation, and shall include
any and all data, information, plans, and exhibits which the commissioner determines are necessary to prepare the
analysis required by AS 38.35.080
and to make a decision under AS 38.35.100
.
- (c) Any amendment to an application filed under this section that constitutes a substantial change in the application is
subject to all provisions of this chapter applying to an original application. For purposes of this subsection,
- (1) an amendment constitutes a substantial change in the application only if the amendment proposes
- (A) a net increase in the amount of state acreage to be leased for the right-of-way that exceeds by at least 10 percent
the amount of the acreage in the applicant's original application;
- (B) a change in the design of the pipeline that would use less effective environmental or safety mitigation measures or
less advanced technology than proposed in the original application; or
- (C) a fundamental change in the general route, which would include the origin or terminus, as set out in the original
application;
- (2) in calculating the percentage increase in acreage under (1)(A) of this subsection, each of the following must be
excluded:
- (A) the acreage attributable to an amendment of a right-of-way originally issued by the federal government, whether
administered by the state or the federal government; and
- (B) land subject to an existing federal right-of-way grant held by the applicant that is transferred to the state for its
administration.
- (d) All persons owning or planning to own an interest in a pipeline or proposed pipeline subject to a lease must join in
the application under (a) of this section. Any person employed by the lessee in operating the pipeline is bound by the
covenants of the lease applicable to functions within the scope of employment as if the person were an applicant under
the lease and the state may enforce any breach of a covenant directly against an operator who is not in compliance with
the covenant.
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