Sec. 38.35.020. Grant of right-of-way lease.

350 words·~2 min read·/ak/title-38/chapter-35/38-35-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Rights-of-way on state land, including rights-of-way over, under, along, across, or on the right-of-way of a public road or highway or the right-of-way of a railroad or other public utility, or across, on, over, or under a river or other body of water or land belonging to or administered by the state may be granted by noncompetitive lease by the commissioner for pipeline purposes for the transportation of oil, products, carbon dioxide, or natural gas under those conditions prescribed by law or by administrative regulation. Except to the extent authorized by an oil and gas lease, a gas only lease, or a carbon storage lease, or an oil and gas, gas only, or carbon storage unit agreement approved by the state, no person may engage in any construction or operation of any part of an oil, products, carbon dioxide, or natural gas pipeline that is or is proposed to be, in whole or in part, on state land unless that person has obtained from the commissioner a right-of-way lease of the land under this chapter.

(b)The commissioner may by regulation exempt from the requirement of a right-of-way lease under this chapter the construction or operation of

(1)field gathering lines or any reasonable classification of field gathering lines; and

(2)a pipeline transporting carbon dioxide within a field for the purpose of an enhanced oil or gas recovery project under AS 41.06.185 or field pressurization measures within that same field.

(c)The commissioner may provide in a lease issued under this section that a lessee may, with the approval of the commissioner, use materials from state land when necessary to protect state land and resources from the dangers or hazards resulting from damage caused by a pipeline disaster or emergency. If the commissioner approves the use of state materials under this subsection, the materials remain the property of the state until the material is sold to the lessee in accordance with the provisions of the lease. However, the approval does not transfer responsibility for clean up of the materials to the state.