Alaska Statutes
Chapter 35. Right-of-Way Leasing Act
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 in state land for pipeline right-of-way purposes to a person and authorizing the construction or operation of, or transportation, service or sale by a pipeline for crude oil, natural gas, or products;
(4) “lessee” means a person or persons holding a valid lease issued by the commissioner;
(5) “natural gas” includes all hydrocarbons produced at the wellhead not defined as oil;
(6) “oil” includes crude petroleum oil and other hydrocarbons regardless of gravity which are produced at the wellhead in liquid form and the liquid hydrocarbons known as distillate or condensate recovered or extracted from gas, other than gas produced in association with oil and commonly known as casinghead gas;
(7) “pipeline” or “pipeline facility” means all the facilities of a total system of pipe, whether owned or operated under a contract, agreement, or lease, used by a carrier for transportation of crude oil, natural gas, or products for delivery, for storage, or for further transportation, and including all pipe, pump or compressor stations, station equipment, tanks, valves, access roads, bridges, airfields, terminals and terminal facilities, including docks and tanker loading facilities, operations control center for both the upstream part of the pipeline and the terminal, tanker ballast treatment facilities, and fire protection system, communication system, and all other facilities used or necessary for an integral line of pipe, taken as a whole, to effectuate transportation, including an extension or enlargement of the line;
(8) “product” means refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, naphtha, distillate, gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of petroleum and any liquid product or by-product derived from crude petroleum oil or natural gas;
(9) “state land” means
(A) “state land” as defined in AS 38.05.965;
(B) public land of the United States selected by the state under sec. 6 of the Alaska Statehood Act of 1958 (P.L. 85-508; 72 Stat. 339), as amended, and real property of the United States transferred to the state under secs. 21, 35, and 45 of the Alaska Omnibus Act of 1959 (P.L. 86-70; 73 Stat. 141), as amended;
(C) any interest owned by the state in land if the interest is sufficient to permit the state to lease it under the authority of this chapter;
(10) “transportation” means the shipment or carriage by a pipeline of crude oil, natural gas, or products from an upstream terminus in one or more fields or points of production or supply of the minerals to a downstream terminus in one or more points for delivery of the minerals to a purchaser or consignee, for storage, or for further carriage or shipment, including shipment or carriage within the state that may be classified as interstate or foreign transportation to the extent that the transportation may constitutionally be subjected to the provisions of this chapter, as well as all services necessary to effectuate shipment or carriage, including, among other things, the receipt, storage, processing, handling, transfer in transit, forwarding, and delivery of the minerals.

Structure Alaska Statutes

Alaska Statutes

Title 38. Public Land

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. 38.35.040. Temporary or emergency service or temporary abandonment, reduction, or impairment of service by lessee.

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. 38.35.120. Covenants required to be included in lease to a pipeline that is not a natural gas pipeline contract carrier.

Sec. 38.35.121. Covenants required to be in a lease to a natural gas pipeline that is a contract carrier.

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.

Sec. 38.35.225. Binding effect of covenants.

Sec. 38.35.230. Definitions.

Sec. 38.35.260. Short title.