- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 35. Permit Extension
- Section 300. Extension of Resource Extraction or Removal Related Permits.
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. - 46.35.210l Environmental Procedures Coordination and Extension. [Repealed, Sec. 4, Ch. 23, SLA 2003].
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. Coastal Management Administration
AS 46.35.300. Extension of Resource Extraction or Removal Related Permits.
- (a) The department that issued the permit shall extend a resource removal or extraction permit when the permittee
- (1) is unwilling to engage in the resource removal or extraction activity allowed under the permit due to the actions of
another person, other than the state, seeking administrative or judicial review of the issuance or validity of the
permit or another permit, or a permit, lease, authorization, or license issued by the federal government, relating to
the same resource removal or extraction activity; and
- (2) at the conclusion of the legal proceedings is allowed to proceed with the resource removal or extraction activity.
- (b) A department may not extend a permit under (a) of this section
- (1) unless
- (A) the permittee notifies the department that issued the permit of the legal proceedings and provides a sworn statement
that the permittee is unwilling to engage in the permitted activity due to the proceedings; and
- (B) upon the conclusion of the legal proceedings, the permittee notifies the department of the conclusion of the
proceedings and the outcome of the proceedings;
- (2) for any period that the permittee has engaged in the resource removal or extraction activity authorized under the
- (3) if the extension is prohibited by or otherwise inconsistent with federal law applicable to the permitted activity;
- (4) if another provision of state law, or a regulation, or contractual provision authorizes an extension, or otherwise
stays the running, of the permit.
- (c) A permittee receiving an extension of a permit under this section is subject to the rights, conditions, and
liabilities the permittee would have had under the original permit if the permit had not been extended.
- (d) An extension of a permit under this section may only be for the length of time equivalent to the period from the date
the department receives the notice and sworn statement under (b) of this section until the conclusion of the legal
proceedings that allow the permittee to engage in the resource removal or extraction activity.
- (e) The Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources
shall adopt regulations to implement this section.
- (f) In this section,
- (1) "legal proceedings" means, as appropriate, administrative proceedings not followed by judicial proceedings,
administrative proceedings followed by judicial proceedings, or judicial proceedings not preceded by administrative
- (2) "permit" means a permit, lease, authorization, license, or another determination necessary for or related to resource
extraction or removal that is issued by the Department of Environmental Conservation, the Department of Fish and Game,
or the Department of Natural Resources.
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