(a) The lease price for a right-of-way lease shall be the annual fair market rental of the state land included in the right-of-way based on the appraised fair market value of the land. The lease price is payable annually in advance on or before the anniversary of the lease. The appraised fair market rental value shall be adjusted at five-year intervals and charges or adjustments shall be based on a reappraised annual rental value. Rental may not be charged for any land acquired by the lessee under AS 38.35.130(b) and conveyed without cost to the state.
(b) The lease applicant or lessee shall reimburse the state for all reasonable costs incurred in processing an application filed under AS 38.35.050 and in monitoring the construction, operation, maintenance, and termination of the pipeline on the right-of-way. The commissioner shall use best efforts to reach agreement with the lessee addressing the details of cost reimbursement under this subsection and shall provide the lessee with an annual estimate of the projected costs and scope of the work.
(c) Notwithstanding (a) of this section, a right-of-way lease shall be granted without appraisal or rental costs to the Alaska Gasline Development Corporation created under AS 31.25.010.
Structure Alaska Statutes
Chapter 35. Right-of-Way Leasing Act
Sec. 38.35.010. Legislative declaration of policy.
Sec. 38.35.015. Powers of the commissioner.
Sec. 38.35.017. Limitation on leases in or adjacent to the Beaufort Sea.
Sec. 38.35.020. Grant of right-of-way lease.
Sec. 38.35.030. Abandonment, reduction, or impairment of service of pipeline.
Sec. 38.35.050. Applications for right-of-way leases.
Sec. 38.35.070. Notice of application.
Sec. 38.35.080. Analysis and public hearing.
Sec. 38.35.090. Multiple applications for same lease.
Sec. 38.35.100. Decision on application.
Sec. 38.35.110. Term of lease; continuation.
Sec. 38.35.122. Products pipeline leases.
Sec. 38.35.130. Right-of-way easements or leases acquired from others.
Sec. 38.35.140. Payment of rental and costs.
Sec. 38.35.145. Agreement to provide for payment of preapplication costs.
Sec. 38.35.170. Forfeiture of lease.
Sec. 38.35.180. Suits to enjoin or recover damages for defaults.
Sec. 38.35.190. Application of the Administrative Procedure Act.
Sec. 38.35.200. Judicial review.
Sec. 38.35.205. Lease savings clause.
Sec. 38.35.210. Delegation of commissioner's authority.
Sec. 38.35.220. Continued operation of certain carriers.