Section 11.85.110. Coal prospecting permits.

	(a)  The commissioner will issue a coal prospecting permit only for land designated as noncompetitive. A coal prospecting permit application is subject to the preference for existing shallow natural gas leases under 11 AAC 85.106.  
	(b)  A coal prospecting permit issued under this section is a disposal of an interest in land and is subject to the requirements of AS 38.05.035(e), 38.05.830, 38.05.945, and 38.05.946.  
	(c)  A permit for noncompetitive land on which all or part of a permit or lease is expired, relinquished, or otherwise terminated will be issued under the noncompetitive drawing procedure described in 11 AAC 82.515 - 11 AAC 82.540.  
	(d)  An application for a coal prospecting permit will be handled in an expeditious manner and a decision to deny an application or to initiate the disposal process will be issued within 65 days after the receipt of a completed application.  
	(e)  The filing of an application for a coal prospecting permit does not vest a property right but merely creates a preference right to any permit that may be issued.  
	(f)  Before beginning exploration, a coal prospecting permittee shall file a written notice of intent to explore or obtain an exploration permit, as appropriate, under 11 AAC 90.161 - 11 AAC 90.167 before beginning exploration. No separate prospecting plan of operations is required.  
	(g)  No coal may be removed and marketed or used from lands under prospecting permit except for that amount necessary for sampling and testing.  
	(h)  A copy of all data obtained from the land reflecting all pertinent tests, reports, surveys, and analyses conducted on or pertaining to the permit area must be submitted to the commissioner either upon application for conversion to lease under 11 AAC 85.120 or not more than 90 days after the expiration or termination of the permit. Data submitted under this section will be held confidential in accordance with AS 38.05.035(a)(9) or as otherwise required by law and will only be used for the administration of the functions, responsibilities and duties vested by law in the commissioner.  

Authorities

38.05.020;38.05.145;38.05.150;38.05.177

Notes

Reference

11 AAC 85.115
11 AAC 85.120
11 AAC 85.205

Authority

AS 38.05.020 AS 38.05.145 AS 38.05.150 AS 38.05.177

History

Eff. 6/18/82, Register 82; am 9/28/86, Register 99; am 9/10/98, Register 147