00 CS FOR HOUSE BILL NO. 381(O&G) 01 "An Act relating to oil and gas conservation and recovery." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 31.05.030 is amended by adding a new subsection to read: 04  (i) The commission may modify a determination or action of the commissioner 05 of natural resources authorized by 06  (1) AS 38.05.180(p), (q), or (u); or 07  (2) another subsection of AS 38.05.180, excluding AS 38.05.180(j), if 08 the purpose of the determination or action is to prevent waste of oil or gas, to insure 09 a greater ultimate recovery of oil or gas, or to protect correlative rights of persons 10 owning interests in tracts of land affected. 11 * Sec. 2. AS 31.05 is amended by adding a new section to read: 12  Sec. 31.05.115. COMMISSION ORDER TO PREVAIL OVER CONTRARY 13 DETERMINATION OF COMMISSIONER OF NATURAL RESOURCES. An order 14 of the commission made under AS 31.05.100 - 31.05.110 or otherwise made under 01 AS 31.05 in order to prevent waste, to insure a greater ultimate recovery of oil or gas, 02 or to protect the correlative rights of persons owning interests in the tracts of land 03 affected prevails over a determination or action of the commissioner of natural 04 resources authorized by 05  (1) AS 38.05.180(p), (q), or (u); or 06  (2) another subsection of AS 38.05.180, excluding AS 38.05.180(j), if 07 the purpose of the determination or action is to prevent waste of oil or gas, to insure 08 a greater ultimate recovery of oil or gas, or to protect correlative rights of persons 09 owning interests in tracts of land affected. 10 * Sec. 3. AS 38.05.180(q) is amended to read: 11  (q) A plan authorized by (p) of this section, which includes land owned by the 12 state, may contain a provision vesting the commissioner, or a person, committee, or 13 state agency, with authority to modify from time to time the rate of prospecting and 14 development and the quantity and rate of production under the plan. All leases 15 operated under a plan approved or prescribed by the commissioner are excepted in 16 determining holdings or control under AS 38.05.140. The provisions of (p) of this 17 section and this subsection concerning cooperative or unit plans are in addition to and 18 do not affect AS 31.05, but the provisions of (p) of this section and this subsection 19 may be modified by the Alaska Oil and Gas Conservation Commission by an 20 order entered under AS 31.05.100 - 31.05.110.