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11 AAC 21.120. Conditional activities

(a) Authorization from the director is required for the following activities in the preserve:

(1) a promotional or entertainment event, including an organized athletic event, competitive recreational event, or spectator event, whether or not an admission fee is charged, or production of a film or television documentary for educational or entertainment purposes;

(2) camping for longer than 15 consecutive days in a calendar year, or for longer than the time period designated by the director for camping at the site or area in which the camp is made, except for traditional hunting and subsistence fishing camping;

(3) constructing or placing an improvement, structure, or property on land in the preserve, including a sign, fixture, permanent shelter or cabin, wildlife observation blind, personal property, road, trail, excavation, fill or buttress, except for the temporary bridges across the Tsirku River required for winter access to Chilkat Lake;

(4) discharging explosives;

(5) conducting scientific research, exploration, or information collection activities;

(6) using the preserve for recurring or permanent motorized access across land or water closed to motorized use;

(7) performing activities limited by the director under 11 AAC 21.105; or

(8) after consultation with the council, any use that the director determines to be incompatible with the purposes for which the preserve was established, as those purposes are defined by statute and regulation.

(b) The director may, after advice from the council, authorize an activity upon determining that:

(1) natural, cultural, historical, and archaeological resources of the preserve will not be damaged or imperiled;

(2) the preserve is protected from pollution;

(3) public use values of the preserve are maintained and protected;

(4) the public safety, health, and welfare will not be damaged or imperiled.

(5) Repealed 12/27/2012.

(c) The person who will be responsible for the activity shall file an application for authorization at the district office of the division in Haines and shall pay the required nonrefundable permit fee established in 11 AAC 05.010. The application will be forwarded to the regional office of the division for action.

(d) An applicant whose request for authorization is denied in whole or in part, or any other eligible person affected by an action of the division upon a request for authorization, may appeal that decision in accordance with 11 AAC 02. The council will be notified of an appeal.

(e) Public use restrictions implemented in accordance with 11 AAC 21.105 apply to commercial use permittees.

History: Eff. 2/3/88, Register 105; am 11/7/90, Register 116; am 9/19/2001, Register 159; am 12/27/2012, Register 204

Authority: AS 41.21.020

AS 41.21.040

AS 44.37.011

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Article 3
General Provisions

Section

290. Definitions.

11 AAC 21.290. Definitions

In this chapter

(1) "aircraft" means a device that is used or intended for flight or movement of people or goods in the air;

(2) "commercial" means an action or operation that generates income from the buying, selling, renting, bartering, or trading of goods or services;

(3) "council" means the Alaska Chilkat Bald Eagle Preserve Advisory Council established in AS 41.21.625 ;

(4) "Critical Habitat Area" means the Chilkat River Critical Habitat Area established in AS 16.20.585 ;

(5) "department" means the Department of Natural Resources;

(6) "developed facility" includes a boat ramp, campground, picnic area, rest area, visitor information center, swim beach, trailhead, building, parking area, and developed ski area;

(7) "director" means the director of the division of parks and outdoor recreation, Department of Natural Resources, or the director's authorized agent;

(8) "division" means the division of parks and outdoor recreation, Department of Natural Resources;

(9) "motorized vehicle" means a motorized device for carrying persons or objects over land, water, or through the air, and includes automobiles, snowmachines, bicycles, off-road vehicles, boats, and aircraft;

(10) "preserve" means the Alaska Chilkat Bald Eagle Preserve established in AS 41.21.611 and further described in AS 41.21.612 ;

(11) "weapon" includes a bow and arrow, slingshot, crossbow, and firearm;

(12) "explosive" means a chemical compound, mixture, or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat; "explosive" includes dynamite, blasting powder, nitroglycerin, blasting caps, and nitrojelly; "explosive" does not include salable fireworks as defined by AS 18.72.100 ;

(13) "firework" means an explosive device or combustible material used to produce lights, smoke, or noise for entertainment;

(14) "personal watercraft" means a vessel that is

(A) less than 16 feet in length;

(B) propelled by a water-jet pump or other machinery as its primary source of motor propulsion; and

(C) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than by a person sitting or standing inside it.

History: Eff. 2/3/88, Register 105; am 4/20/2002, Register 162; am 9/1/2002, Register 163

Authority: AS 41.21.020

AS 41.21.040

AS 41.21.610

AS 41.21.616

Editor's note: As of Register 191 (October 2009), the regulations attorney made a technical revision under AS 44.62.125 (b)(6), to the definition of "explosive" in 11 AAC 21.290.

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Part 3
Oil and Gas

Chapter

22. (Repealed).

24. (Repealed).

25. Royalty Election Under Alaska Gasline Inducement Act. (11 AAC 25.010 - 11 AAC 25.900)

26. Alaska Royalty Oil and Gas Development Advisory Board. (11 AAC 26.010 - 11 AAC 26.300)

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Chapter 22
Oil and Gas Conservation

Repealed 3/13/80

Editor's note: Material similar to that formerly found at 11 AAC 22 may now be found at 20 AAC 25.

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Chapter 24
Petroleum Safety

Repealed 9/23/78

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Chapter 25
Royalty Election Under Alaska Gasline Inducement Act

Section

10. Applicability.

20. Qualified person.

30. Qualified gas eligible for royalty inducements.

40. Election of royalty inducements.

50. Voucher for resource inducements.

60. Monthly value of state's royalty share of qualified gas and reporting.

70. Allocation of gas and costs upstream of the Alaska mainline.

80. Allocation of gas and costs downstream of inlet to the Alaska mainline.

90. Adjustments to royalty volumes for pipeline, plant, and tanker in-kind fuel requirements, gains, and losses.

100. Destination and destination value.

110. Alternative destination value for residue gas and methane in unprocessed gas.

120. Destination value in absence of reliable published prices.

130. Location differentials.

140. Quality differentials for unprocessed gas.

150. Quality bank.

160. Transportation costs.

170. Transportation contracts at arm's length.

180. Transportation contracts not at arm's length - Alaska mainline and Canada mainline.

190. Transportation contracts not at arm's length - pipelines other than the Alaska mainline and Canada mainline.

200. Transportation contracts not at arm's length - LNG transportation.

210. Non-allowable transportation costs.

220. Unused capacity deduction.

230. Processing costs.

240. Processing contracts at arm's length.

250. Processing contracts not at arm's length.

260. Non-allowable processing costs.

270. Plant costs for LNG.

280. Lease amendment for switching between royalty-in-value and royalty-in-kind gas.

290. Request to amend lease, unit agreement, or royalty settlement agreement under AS 43.90.310 (b).

300. Information and audits.

310. No retroactive effect.

320. Conversion of foreign currency and units of measurement.

900. Definitions.

11 AAC 25.010. Applicability

This chapter applies to the royalty inducements under AS 43.90.300 , 43.90.310, and 43.90.330 that are available to

(1) a lessee or other person who is a qualified person under 11 AAC 25.020; and

(2) gas that is qualified under 11 AAC 25.030.

History: Eff. 5/29/2010, Register 194

Authority: AS 38.05.020

AS 38.05.180

AS 43.90.310

11 AAC 25.020. Qualified person

(a) To qualify under AS 43.90.300 for a royalty inducement under AS 43.90.310 for qualified gas, a lessee or other person must

(1) for firm transportation capacity on the Alaska mainline,

(A) enter into a pre-subscription agreement with the licensee before the commencement of the first binding open season of the project;

(B) submit a bid before the close of the first binding open season of the project; however, the person may submit a bid after the close of the first binding open season, but no later than 180 days after the close of the first binding open season, if

(i) the licensee accepts the bid under 18 C.F.R. 157.34(d)(2); and

(ii) the lessee or other person makes, to the satisfaction of the commissioners, a good-faith showing of the circumstances that prevented the lessee or other person from submitting a timely bid, and the commissioners, on the basis of that showing, approve the tender of the bid; or

(C) be the holder of an inducement voucher issued to a person that qualifies under (A) or (B) of this paragraph;

(2) execute, no later than 180 days after the close of the first binding open season of the project, a precedent agreement for firm transportation capacity on the Alaska mainline arising out of an action taken to qualify under (1) of this subsection, or must be the holder of an inducement voucher issued by the commissioners to a person that executed a precedent agreement as required under this paragraph;

(3) obtain rights under a transportation services agreement

(A) as a party that executes, no later than five years after the close of the first binding open season of the project or two years after the effective date of the certificate of public convenience and necessity issued for the Alaska mainline, whichever date is later, a transportation services agreement arising out of an action taken to qualify under (1) and (2) of this subsection for firm transportation capacity on the Alaska mainline; or

(B) as the holder of an inducement voucher issued to a person qualified under (A) of this paragraph;

(4) file with the commissioners or be the holder of an inducement voucher obtained from a person that filed with the commissioners a complete copy of each of the following no later than 30 days after execution, or, under (E) of this paragraph, no later than 30 days after receipt of a request:

(A) the bid, precedent agreement, and transportation services agreement required to qualify under (1) - (3) of this subsection;

(B) an amendment to or termination of the bid, precedent agreement, or transportation services agreement required to qualify under (1) - (3) of this subsection;

(C) a bid, precedent agreement, or transportation services agreement, if any, arising out of a first binding open season for the Canada mainline;

(D) an amendment to or termination of the bid, precedent agreement, or transportation services agreement filed under (C) of this paragraph;

(E) other documents and information requested by the commissioners to determine qualification for resource inducements under AS 43.90 and this chapter; and

(5) submit, on a form provided by the commissioners, no later than 90 days after the issuance of a certificate of public convenience and necessity for the Alaska mainline, the agreement regarding rolling in expansion costs required by AS 43.90.310 (c) or 43.90.330(d), as applicable.

(b) A person eligible for an inducement under AS 43.90.330 must execute the agreement set out in (a)(5) of this section no later than 90 days after issuance of a certificate of public convenience and necessity for the Alaska mainline, unless the person is eligible by reason of an agreement to transfer the inducement voucher, in which case the person must execute the agreement set out in (a)(5) of this section no later than 90 days after issuance of a certificate of public convenience and necessity for the Alaska mainline or the time of filing an application for transfer of the inducement voucher, whichever is later.

(c) The commissioners may extend the deadline set out in (a)(2) of this section if they determine that an extension is in the best interest of the state. However, the commissioners will not extend the deadline later than December 5, 2011.

(d) A person that satisfies the requirements of (a) and (b) of this section and that claims a resource inducement under AS 43.90.310 and this chapter may file an application with the commissioners for a determination that the requirements of (a) and (b) of this section have been met. Upon receipt of the application, the commissioners will make a joint determination whether the applicant meets the requirements for qualification set out in (a) and (b) of this section. A person is not qualified for a resource inducement before application to the commissioners and approval by the commissioners under this section.

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