Sec. 38.35.050. Applications for right-of-way leases.

385 words·~2 min read·/ak/title-38/chapter-35/38-35-050

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

(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.