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Home » US Law » 2022 Alaska Statutes » Title 38. Public Land » Chapter 35. Right-of-Way Leasing Act

Sec. 38.35.190. Application of the Administrative Procedure Act.

(a) AS 44.62.010 – 44.62.319, 44.62.640, and 44.62.950 apply to regulations adopted by the commissioner under the authority of this chapter. (b) [Repealed, § 18 ch 3 FSSLA 1973.] (c) [Repealed, § 18 ch 3 FSSLA 1973.] (d) [Repealed, § 18 ch 3 FSSLA 1973.]

Sec. 38.35.200. Judicial review.

(a) An applicant or competing applicant or a person who has a direct financial interest affected by the lease who raises objections within 60 days of the publication of notice under AS 38.35.070 are the only persons with standing to seek judicial review of a decision of the commissioner under AS 38.35.100. (b) The only […]

Sec. 38.35.205. Lease savings clause.

A judicial finding that any term or condition of a right-of-way lease issued under this chapter is unlawful or invalid may not operate to invalidate the lease or any other term or condition of the lease.

Sec. 38.35.220. Continued operation of certain carriers.

(a) Natural gas carriers that operate as public utilities holding easements, rights-of-way, or permits for pipelines on state public land on May 20, 1972, are unaffected by this chapter within the scope of their existing operations, normal expansions, and extensions thereof so long as their original or present purpose and function remains unchanged. This exemption […]

Sec. 38.35.225. Binding effect of covenants.

By entering into a lease under this chapter, the lessee is bound by all the covenants provided for in the lease to the full extent of the power of the state to impose those covenants under its authority as owner of the land to be leased or under its police or regulatory powers or otherwise; […]

Sec. 38.35.230. Definitions.

In this chapter, (1) “commissioner” means the commissioner of natural resources; (2) “coordinate agencies” includes Department of Labor and Workforce Development, Department of Transportation and Public Facilities, Department of Environmental Conservation, and the Regulatory Commission of Alaska; (3) “lease” means the instrument or extension of an instrument issued under this chapter granting a leasehold interest […]