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A hydropower developer may need to obtain a land lease from the director of the [[Alaska Division of Mining Land and Water]] (ML&W) if the project will involve the placement of a permanent structure on lands to which the state holds title. The ML&W issues leases for the use of state lands—including tidal, submerged, and shorelands—in accordance with the [[Alaska Statutes Chapter 38.5 Alaska Land Act|Alaska Land Act, AS 38.05.070 – 38.05.105]].
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==3-AK-f.1 – Land Lease Application==
To obtain a lease for state lands, the developer must submit a complete land lease application to the [[Alaska Division of Mining Land and Water]] (ML&W).
==3-AK-f.2 to 3-AK-f.3 - Review Application Materials for Completeness==
Once received, the ML&W will review the developer’s land lease application materials for completeness.
==3-AK-f.4 to 3-AK-f.5 – Initiate Substantive Review of Developer’s Land Lease Application==
Once the developer’s land lease application materials are complete, the ML&W will initiate a substantive review of the developer’s application, complete a survey of the requested state lands, and conduct an appraisal of the land value if necessary . The ML&W may rely upon an existing appraisal of the land value provided the appraisal was completed within two years before the date fixed for the lease. [[Alaska Statutes Chapter 38.5 Alaska Land Act| AS 38.05.840]].
==3-AK-f.6 - Does the ML&W Grant the Developer a Preference Right to the Lease Without Competitive Bidding?==
The ML&W may grant the owner or lessee of lands adjacent to the requested state lands a preference right to lease the state lands without undergoing the competitive bidding process if the ML&W determines that:
# The lease of the state land is necessary for a water-dependent purpose;
# The developer’s proposed use of the state land is compatible with the classification of the land and with any applicable land use plans providing for the use and management of state-owned lands; and
# Issuing the lease will not interfere with prior existing rights to the leased land.
[[Alaska Statutes Chapter 38.5 Alaska Land Act|Alaska Land Act, AS 38.05.075]].
==3-AK-f.7 to 3-AK-f.8 – Initiate Competitive Bidding Process; Provide Public Notice of Land Auction?==
Generally, the ML&W must make state lands available for lease through a competitive bidding process and lease state lands to the highest qualified bidder at the public land auction. [[Alaska Statutes Chapter 38.5 Alaska Land Act|Alaska Land Act, AS 38.05.075]].
The ML&W must publish notice of the land auction in a newspaper of statewide circulation and in newspapers of general circulation in the vicinity of the proposed action at least 30 days before the land auction takes place. The notice must be sufficient to inform the public of the nature of the action and to provide the public with an opportunity to comment on the action. The notice must also specify a minimum acceptable bid and the required lease compensation method. [[Alaska Statutes Chapter 38.5 Alaska Land Act|Alaska Land Act, AS 38.05.945]].
The ML&W must also provide notice of the action, at least 30 days before the land auction takes place, to all appropriate entities identified in [[Alaska Statutes Chapter 38.5 Alaska Land Act|AS 38.05.945(c)-(d)]], which may include, among other parties, local municipalities, regional corporations, village corporations, and/or regional fish and game councils. For more information on notice requirements, see [[Alaska Statutes Chapter 38.5 Alaska Land Act|AS 38.05.945]].
==3-AK-f.9 to 3-AK-f.10 – Will the Commissioner Require Prequalification of Bidders?==
The Commissioner of the [[Alaska Department of Natural Resources]] (Commissioner) may require bidders for the lease of state lands to be prequalified in order to engage in the bidding process.
Note: If the Commissioner requires prequalification of bidders, notice of the land auction must include the prequalification requirements. (See element 3-AK-f.8). [[Alaska Statutes Chapter 38.5 Alaska Land Act|AS 38.05.075]].
==3-AK-f.11 to 3-AK-f.13 – Does the Commissioner Determine That There is Only One Qualified Bidder?==
If the Commissioner determines that there is only one qualified bidder, the Commissioner may issue a lease without undergoing the competitive bidding process. The lease must reflect the approved, appraised market value of the land. [[Alaska Statutes Chapter 38.5 Alaska Land Act|AS 38.05.075]].
If the Commissioner determines that there is more than one qualified bidder, the ML&W will continue with the competitive bidding process. The successful bidder must pay the first year’s rental, or the compensation that the commissioner requires, at the conclusion of the auction.
==3-AK-f.14 – Appeal Decision (If Applicable)==
An aggrieved bidder may appeal the ML&W’s decision to the Commissioner within five days. Following the Commissioner’s review, the aggrieved bidder may appeal the Commissioner’s decision to the superior court. [[Alaska Statutes Chapter 38.5 Alaska Land Act|AS 38.05.075]].
==3-AK-f.15 to 3-AK-f.16 – Complete Best Interest Finding Process==
Before the ML&W may issue a lease or otherwise dispose of state land, the ML&W must first determine in a written finding that the interests of the state will be best served by the proposed action. The written finding, known as a best interest finding, considers and discusses relevant information, reflecting the hard look and reasoned approach that the ML&W takes in making its determination of whether a particular action is in the State’s best interest.
<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/3-AK-i|Best Interest Finding Process: <br>3-AK-i]]</span>
==3-AK-f.17 – State Land Lease==
If the ML&W determines that issuing the lease will be in the State’s best interest, the ML&W, with the approval of the Commissioner, will issue the lease, along with any limitations, terms and/or conditions the ML&W deems necessary. [[Alaska Statutes Chapter 38.5 Alaska Land Act|AS 38.05.075]]. The lease may be issued for a period up to fifty five (55) years. [[Alaska Statutes Chapter 38.5 Alaska Land Act|AS 38.05.070(c)]]. The lease may be renewed once for a term no longer than that of the original lease. [[Alaska Statutes Chapter 38.5 Alaska Land Act|AS 38.05.070(e)]].
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Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation
DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment
can be described as
CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing
ActiveNoApplicant Is Lessee
Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification
Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste
Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2
Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances
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