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: Eff. 9/5/74, Register 51; am 7/22/79, Register 71

Authority: AS 38.05.020

AS 38.05.145 (a)

AS 38.05.180 (o)

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