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: Eff. 6/18/82, Register 82

Authority: AS 38.05.020

AS 38.05.145

AS 38.05.150

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