ADMINISTRATIVE ORDER NO. 104
OFFICE OF THE GOVERNOR
October 28, 1987
The purpose of this Order is to establish a management system
for oversight of the Trans-Alaska Gas System (TAGS), including
designating the lead agency and procedures for processing and
adjudicating Yukon Pacific Corporation Is (YPC) application for
a common carrier pipeline right-of-way lease. This Order defines
responsibilities of State agencies and procedures the State will
follow during the processing of the right-of-way lease and monitoring
of preconstruction, construction, operations, closure and rehabilitation
of TAGS. The management system established by this Order shall
also encompass the activities of Northwest Alaskan Pipeline Company
(NWA) with regard to its pipeline proposal, and routing or proximity
issues that relate to the Trans-Alaska Pipeline System (TAPS)
and the TAGS.
1) It is in the best interest of the people of the State
of Alaska that North Slope gas is expeditiously brought to market
with minimum practicable effect on the environment, positive
effects on the socioeconomic climate of Alaska, and safe design
2) Application processing, preconstruction and construction
of TAGS will involve many State agencies to review the right-of-way
lease application, preconstruction documents and plans, construction
monitoring, permitting, licensing, taxing, or offsetting the
impacts on Alaska1 5 environment, its economy and its people.
For this reason, close coordination among these agencies is
3) The review, processing and monitoring of past pipeline
project rights-of-way of this magnitude (TAPS and NWA) have been
coordinated through a single point of contact established in
the Office of the State Pipeline Coordinator.
4) The Alaska Natural Gas Transportation System (ANGTS) is
currently scheduled for construction along a similar alignment
with TAGS and the existing Trans-Alaska Pipeline System.
5) Portions of the Trans-Alaska Pipeline System (TAPS) and
TAPS Fuel Gas Pipeline are paralleled or crossed by the TAGS
route and their integrity is vital to the State of Alaska.
6) The President of the United States, through the Office
of the Federal Inspector, has established a single point of contact
with the federal government for matters relating to ANGTS.
7) The Bureau of Land Management (BLM) has been established
as the lead federal agency to process the TAGS Environmental
Impact Statement (EIS) and issue the federal grant of right-of-way
8) It is desirable that the State have a single point of contact
for right-of-way matters to ensure adequate coordination among
State and federal authorizations and, where appropriate, develop
substantially similar terms and conditions in these documents.
In light of the foregoing, I, Steve Cowper, Governor of the
State of Alaska, order and declare the following:
1) Each State agency shall comply with applicable provisions
of this Order to ensure that where appropriate, substantially
similar terms and conditions are developed, implemented and placed
on all federal, State and local authorizations for the TAGS,
and that a schedule is developed to implement this process.
This includes the federal EIS, U.S. Army Corps of Engineers (USACE)
404 permit, State 401 certification, federal and State rights-of-way
and associated stipulations.
2) The Department of Natural Resources, through the State
Pipeline Officer, shall be the lead agency for the State processing
of the AS 38.35 right-of-way and the review and coordination
of the federal grant of right-of-way and the associated stipulations.
In addition, the State Pipeline Officer will be the lead for
the State for monitoring, preconstruction, construction, operation
and closeout of the TAGS.
3) Each department shall immediately appoint a liaison officer
who will be available to do necessary work to process the State
right-of-way application, Alaska Coastal Management Program (ACMP)
consistency review, federal EIS and other related State and federal
authorizations for the TAGS on a schedule established by the
State Pipeline Office. Liaison officers shall represent their
departments in matters relating to processing the State right-of-way
application, issuance of respective authorizations and monitoring
of the TAGS project to assist the State Pipeline Officer and
the State Pipeline Officer's staff in carrying out their responsibilities.
Each liaison shall keep the State Pipeline Officer informed
of actions taken in the TAGS project.
4) The State Pipeline Officer shall have the authority and
responsibility for planning and coordinating the input and activities
of the liaison agencies and their staff for purposes of processing
State authorizations and monitoring of field activities. At
present, these agencies include the Departments of Natural Resources,
Fish and Game, Environ mental Conservation, Transportation and
Public Facilities, and Law, and the Division of Governmental
Coordination. Other agencies are expected to assign a liaison
officer who has other duties as well. If an agency's monitoring
responsibilities expand to the point where a full-time liaison
officer is needed, it will appoint one, with the concurrence
of the Pipeline Officer.
5) The Division of Governmental Coordination (DGC), through
its liaison officer, shall coordinate the processing of the ACMP
consistency determination(s) related to the ANGTS and TAGS as
provided under AS 44.19.145 and 6 AAC 50. The DGC liaison officer
shall, in cooperation with the State Pipeline Officer, also coordinate
the State's review of the TAGS's federal EIS and, with the exception
of rights-of-way and their associated stipulations, other permits
or authorizations requiring involvement of more than one State
agency (e.g., Corps of Engineers and 404 Permitting).
6) If a department's responsibilities require staff additional
to the liaison officer, the department shall, with concurrence
of the State Pipeline Officer, appoint additional staff. This
staff will be under the supervision of the liaison officer or
the officer's designee.
7) All applications for permits and other authorizations which
the State may require of the sponsor of TAGS shall be submitted
by the sponsor to the State Pipeline Officer. The State Pipeline
Officer shall forward the applications to the Division of Governmental
Coordination or to the appropriate department liaison officer,
who shall ensure that they are properly processed. The State
Pipeline Officer shall receive a copy of the permit or other
8) To the extent consistent with applicable law, departments
shall delegate permit or other authorization signatory authority
to their liaison officers and/or to staff of the liaison officer.
9) Except for routine or follow-up informational inquiries
by or to departmental liaison officers or other department staffs,
as may be mutually agreed upon by the respective Commissioner
and the State Pipeline Officer, all correspondence relating to
pipeline monitoring between a department and the TAGS sponsor,
the ANGTS sponsor, the TAPS sponsor or the United States Government
shall be routed through the Office of the State Pipeline Officer
and be reviewed by him.
This does not apply to agency liaison officers' communications
with their respective agencies. The State Pipeline Officer and
a department Commissioner may, if mutually agreeable, modify
or amend this provision as it relates to that department's communications
regarding pipeline monitoring.
10) Each department shall keep a full set of files in a central
location on all aspects of its activities relating to the TAGS.
11) The State Pipeline Officer shall establish those field
monitoring teams and activities pertaining to TAGS and related
facilities that the officer determines, with the concurrence
of affected agencies, are in the best interests of efficiency
and effectiveness. Such monitoring teams may be composed of
staff from a number of agencies. Responsibilities and authorities
of affected agencies may, consistent with law, be delegated to
team members regardless of their department affiliation, and
those team members shall conduct the entire field monitoring
program of the agencies involved. The State Pipeline Officer
shall appoint the team leader.
12) All applicable departments shall prepare and submit an
annual budget request for all costs which are reimbursable under
AS 38.35.140(b) and all other costs associated with the TAGS
project. These budget requests will be reviewed and will require
approval by the State Pipeline Officer. All such budget requests
will be submitted as a consolidated unit to the Division of Budget
Review in a manner established by the Division. Costs will not
be reimbursable unless proposed budgets are approved by the State
Pipeline Officer. The State Pipeline Officer shall have the authority
to negotiate reimbursement agreements for the TAGS and ensure
that reimbursement is secured promptly for costs incurred under
13) To the extent allowed by law, before taking enforcement
action against the TAGS project sponsor, its agents or contractors
for violation of State law relating to design, preconstruction,
construction, operation and termination of TAGS, the department
involved shall consult with the State Pipeline Officer and consider
the Officer's advice. Whenever feasible, and the department
involved and the State Pipeline Officer agree on a particular
course of action, such enforcement action shall be undertaken
under the grant of lease and right-of-way issued by the Department
of Natural Resources. For the purposes of this section, consultation
is considered "infeasible" only if the nature of the
violation requires prompt or immediate action, and the State
Pipeline Officer or the Officer's designee is not available.
14) In the event of a dispute between departments regarding
a matter covered under this Order, including matters involving
annual budget requests, the departments involved will consult
with the Department of Law, and (a) if the dispute involves the
right-of-way lease and the matter cannot be resolved between
a department and the State Pipeline Officer, the affected department
Commissioner should attempt to resolve this matter with the Commissioner
of Natural Resources, and the decision of the Commissioner of
Natural Resources shall be final; (b) if the dispute involves
a question covered by a department's statutory or regulatory
authority, the dispute will be resolved by the department responsible
for administering that law, and the decision of that department
Commissioner is final. In all such disputes, affected Commissioners
shall seek the views of the State Pipeline Officer, and consider
these views before making a decision; (c) in disputes between
Commissioners other than in cases subject to (a) and (b) above,
the Office of the Governor shall resolve the matter.
15) The terms of this Order do not apply to those subject
areas specifically excluded from the jurisdiction of the State
16) This Order is for administrative purposes only, and does
not create any third party rights.
17) The State Pipeline Officer is the designee of the Commissioner
of the Department of Natural Resources.
Governor of the State of Alaska