00 SENATE CS FOR CS FOR HOUSE BILL NO. 380(FIN) am S                                                                     
01 "An Act relating to a temporary reduction of royalty on oil and gas produced                                            
02 for sale from certain fields described as being located within the Cook Inlet                                           
03 sedimentary basin, as having been discovered before January 1, 1988, and as                                             
04 having been undeveloped or shut in from at least January 1, 1988, through                                               
05 December 31, 1997."                                                                                                     
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
07    * Section 1.  AS 31.05.030 is amended by adding a new subsection to read:                                          
08  (i)  The commission shall accept written plans submitted by lessees for                                               
09 purposes of AS 38.05.180(f)(5).  If a lessee submits a plan, the commission shall hold                                  
10 a public hearing on the plan and, within 45 days after receipt of the plan, grant                                       
11 approval of the plan if the plan contains a voluntary agreement by the lessee to use its                                
12 best efforts to employ residents of this state, consistent with law, and to contract with                               
13 firms in this state for work in connection with the development of the field, including                                 
14 the fabrication and installation of required facilities, whenever feasible.  The decision                               
01 of the commission to grant approval may not be appealed.                                                                
02    * Sec. 2.  AS 38.05.180(f) is amended by adding a new paragraph to read:                                           
03   (5)  notwithstanding and in lieu of a requirement in the leasing method                                              
04 chosen of a minimum fixed royalty share, or the royalty provision of a lease, for leases                                
05 unitized as described in (p) of this section, leases subject to an agreement described                                  
06 in (s) or (t) of this section, or interests unitized under AS 31.05, the lessee of all or                               
07 part of an oil or gas field identified in this section that has been granted approval of                                
08 a written plan submitted to the Alaska Oil and Gas Conservation Commission under                                        
09 AS 31.05.030(i) shall, subject to (dd) of this section pay a royalty of five percent on                                 
10 the first 25,000,000 barrels of oil and the first 35,000,000,000 cubic feet of gas                                      
11 produced for sale from that field that occurs in the 10 years following the date on                                     
12 which the production for sale commences; the fields eligible for royalty reduction                                      
13 under this paragraph, all of which are located within the Cook Inlet sedimentary basin,                                 
14 were discovered before January 1, 1988, and have been undeveloped or shut in from                                       
15 at least January 1, 1988, through December 31, 1997, are                                                                
16   (A)  Falls Creek;                                                                                                   
17   (B)  Nicolai Creek;                                                                                                 
18   (C)  North Fork;                                                                                                    
19   (D)  Point Starichkof;                                                                                              
20   (E)  Redoubt Shoal; and                                                                                             
21   (F)  West Foreland.                                                                                                 
22    * Sec. 3.  AS 38.05.180 is amended by adding a new subsection to read:                                             
23  (dd)  A lessee is eligible for the royalty in (f)(5) of this section only if                                          
24 production of oil or gas for sale begins from the eligible field before January 1, 2004.                                
25 However, if the state or an agency of the state is a party to a suit, other than a suit                                 
26 brought by the lessee or agent of the lessee, and if the suit challenges (f)(5) of this                                 
27 section or AS 31.05.030(i) or an act under (f)(5) of this section or AS 31.05.030(i), the                               
28 January 1, 2004, deadline is extended by the number of days the state or agency of the                                  
29 state is a party to the suit, including any appeals.