Alaska Administrative Code

(a) A lease application may be rejected for reasons including (1) failure to comply with AS 38.05.600, 11 AAC 67.800 - 11 AAC 67.850, or a staking instruction issued under 11 AAC 67.820; or (2) conflict with a prior lease application; if a conflict exists but the area is still op…

A remote recreational cabin site lease is subject to the following conditions: (1) the first term of the lease is three years, extendable for an additional year if survey and appraisal are not complete or the department is otherwise unable to proceed with the sale; a lease in goo…

(a) If the total deposit paid by a remote recreational cabin site lessee for the cost of surveying, platting, and appraising the site does not cover the lessee's share of the cost, prorated by acreage, the lessee shall pay the balance at the time of purchase. If the total deposit…

(a) Each remote recreational cabin site staked under 11 AAC 67.815(c) is subject to an access and utility easement 15 feet wide, or as required by the platting authority, along each boundary. (b) Before completion of the survey, a lessee has the right of reasonable access across …

(a) A person purchasing state land under this chapter may make installment payments to pay the principal sum remaining after the five-percent cash downpayment if the remaining principal sum to be paid exceeds $2,000. The principal sum is computed, for the purpose of this section,…

The interest rate on all installment contracts is the rate required for land sale contracts under AS 38.05.065(i). Notes 11 AAC 67.877 Eff. 5/13/79, Register 70; am 10/14/79, Register 72; am 11/21/82, Register 84; am 2/8/2001, Register 157 Authority:AS 38.05.020 AS 38.05.065 AS 3…

A 10-day grace period after the date due is allowed on all installment payments. The department will assess the late payment service charge prescribed by 11 AAC 05.030, plus interest due, on each installment payment that is received more than 10 days after the due date, unless pr…

Any additional payment or overpayment will first be applied to satisfy any outstanding penalty, then to satisfy any interest due, and finally to reduce the remaining principal. Notes 11 AAC 67.880 Eff. 1/1/86, Register 96 Authority:AS 38.05.020 AS 38.05.035 AS 38.05.065 State reg…

(a) Veterans' land discounts are applicable only to the purchase of state land classified "settlement" that the department does not consider suitable for commercial or industrial use. The notice of sale required by AS 38.05.945(b) will indicate if veterans' land discounts may be …

(a) An application for a veterans' land discount must be submitted to the division on a form supplied by the division. All information on the form, or otherwise required by the division and by this section, must be sworn to by the person supplying the information. (b) The final d…

(a) The applicant must present proof of the period of residency required by AS 38.05.940(b), using any proof satisfactory to the commissioner under 11 AAC 67.010, to support the veterans' land discount application. If, in demonstrating eligibility to participate in the land dispo…

The only determination binding on the state is its determination after receiving the information required under 11 AAC 67.895(a) and (b) or, if the applicant requests reconsideration, the commissioner's final determination under 11 AAC 67.895(c). Notes 11 AAC 67.897 Eff. 8/16/89,…

(a) Land discounts are applicable only to the purchase of state land sold for noncommercial, nonindustrial use. As part of the notice of sale required by AS 38.05.945(b), the director will indicate if land discounts may be used for that sale. (b) Discounts apply to the land purch…

A land discount is based on total years of residence only, in increments of five percent per full year. However, periods of residency of other than 12 months may be added to compute total years of residence. Notes 11 AAC 67.902 Eff. 5/13/79, Register 70 Authority:AS 38.04.900 AS …

(a) An application for a land discount must be submitted to the director on a form supplied by the division. All information on the form, or otherwise required by the division, must be sworn to by the person supplying the information. (b) The final date to apply for a land discou…

(a) The applicant shall present proof of residency, length of residency, and intent to make Alaska his continuous residence, using any proof satisfactory to the director under 11 AAC 67.010, to support his land discount application.(1) If, in demonstrating his eligibility to part…

The only determination binding on the state is the final determination on an application as accepted by the applicant or, if appealed, as determined by the commissioner. Notes 11 AAC 67.910 Eff. 5/13/79, Register 70 Authority:AS 38.04.900 AS 38.05.020 AS 38.05.058 State regulatio…

Notes 11 AAC 67.912 Repealed 10/14/79. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to comp…

Any use of an applicant's discount makes him ineligible for a discount on any later purchase of state land, even if the full amount of discount the person is eligible for was not used. Notes 11 AAC 67.915 Eff. 5/13/79, Register 70 Authority:AS 38.04.900 AS 38.05.020 AS 38.05.058 …

(a) State land or an interest in state land will, in the director's discretion, be disposed of by quitclaim deed to the United States under AS 38.05.035(b)(9) if (1) the director determines that the original conveyance of the land from the United States to the state was wrongful …

In this chapter (1) "continuous residency" means residency within Alaska that is unbroken by any absence of more than 30 days, excepting absence for(A) military service or school attendance by the applicant or the applicant's spouse, or medical treatment for the applicant or the …

(a) This section constitutes the commissioner's finding under AS 38.05.185(a) that escheated real property is closed to mining and mineral location because those activities are incompatible with recovery by a claimant, and recovery by a claimant is a significant surface use. The …

(a) If the department retains escheated real property and, after the seven-year redemption period, disposes of the property for less than fair market value, the department will first appraise the property in order to establish its fair market value so that it may later satisfy a …

The department will document all "expenses of sale or appraisal" under AS 38.95.230(b). "Expenses of sale or appraisal" include (1) publication and other advertising costs; (2) attorney fees; (3) appraisal costs; (4) platting costs; (5) survey costs; and (6) rental costs for sale…

A claimant to escheated real property under AS 38.95.240(e) may apply for redemption of the property if the application is submitted to the department no later than seven years after the date of the judgment of escheat. An application must (1) be on a form provided by the departm…

A claimant to escheated real property under AS 38.95.240(e) must substantiate the claim, to the satisfaction of the commissioner, by providing authenticated copies of deeds and other title instruments that demonstrate an unbroken chain of title resulting in the claimed ownership,…

(a) In this chapter, (1) "commissioner" means the commissioner of natural resources; (2) "department" means the Department of Natural Resources. (b) Unless the context indicates otherwise, in this chapter and in AS 38.95.200-38.95.270, "real property" means an interest in land an…

This chapter applies to sales of timber or material by the State of Alaska. Notes 11 AAC 71.005 Eff. 7/2/82, Register 83 Authority:AS 38.05.020 AS 38.05.110 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most r…

(a) The director will determine the location and approximate volumes of timber and of material to be made available for sale under this chapter. (b) The director will include each proposed timber sale on the five year sale schedule in accordance with AS 38.05.113, unless that sal…

The division will, in its discretion, transfer timber or material to another state agency by an interagency land management assignment or negotiated sale pursuant to AS 38.05.810. However, the other state agency may not convey the timber or material to a third party. The division…

(a) The division will give public notice of a competitive sale of timber or material in accordance with AS 38.05.945. Public notice given under this subsection will state(1) the minimum acceptable bid, if applicable; (2) the method of bidding; (3) the time and place of sale; (4) …

A purchaser or licensee under this chapter and the purchaser's or licensee's employees, subcontractors, and assigns shall comply with the federal, state, and local laws and regulations which apply to the protection and use of the land on which the timber or material is located. C…

(a) A person is qualified to apply or bid for a timber or material sale if he is (1) at least 18 years of age, if an individual; (2) legally competent to enter into and carry out the provisions of a sale contract; and (3) licensed to do business in the state, if the sale is for c…

(a) A person seeking to negotiate the purchase of more than 10 M.B.M. of timber or more than 200 cubic yards of material must file an application at the regional office of the division nearest the desired purchase site on a form provided by the department. The applicant must file…

Filing an application for the purchase of timber or material does not vest a right in the applicant to enter upon the land or to sever or remove the timber or material. If a person, while unauthorized to do so, enters upon state land and commences cutting, extraction, or salvage …

(a) A purchaser may enter into more than one negotiated timber or material sale contract with the division, so long as the total amount purchased within any 12-month period does not exceed the negotiated timber or material sale limits set by AS 38.05.115. The negotiated timber sa…

(a) The division may negotiate with a person for the sale of timber for the person's personal use, or issue a revocable, nonexclusive permit for the removal of up to 200 cubic yards of material for personal or commercial use. Timber acquired by a purchaser in a sale under this se…

(a) Upon a finding that the sale under AS 38.05.118 is in the best interest of the state, the division may negotiate a sale of timber to a local manufacturer of wood products or a user of wood fiber at appraised value. (b) In determining whether a negotiated sale under this secti…

The division will conduct public oral outcry auctions for the competitive sale of timber or materials in accordance with the procedures established for land auctions by 11 AAC 67.045. If the division sells timber or materials by sealed bid, the sealed bids must be on bid forms fu…

(a) A bidder at an oral outcry auction conducted under 11 AAC 71.060 must deposit with the selling agent, before being eligible to bid, at least 10 percent of the appraised value of the timber or materials on which he intends to bid if the appraised value is $100,000 or less, and…

(a) In addition to the deposit required under 11 AAC 71.045, if any, the director will, in his discretion, require an applicant for a negotiated timber sale under 11 AAC 71.035 to deposit an amount equal to the estimated cost of the appraisal, survey, and advertising required und…

(a) Within 30 days after receipt by certified mail of a contract under this chapter, the purchaser of timber or material must sign and return the contract, together with any required bond. However, the director may, in his discretion, extend the period an additional 30 days. If t…

Except for timber under a valid log-salvage sale license, all right, title, and interest in or to timber or material included in a contract remains with the state until the timber or material has been cut or severed, determined as to volume, removed from the site, and paid for in…

(a) The division will estimate timber volumes used in appraisals and as a basis for the volume of timber included in a timber sale offering by a timber cruise method prescribed by the director. (b) Timber volumes reported in cutting reports by the purchaser as a basis for payment…

(a) The commissioner will price material for sale under AS 38.05 and this chapter in accordance with this section. (b) The commissioner will periodically establish base prices for material that represent the administrative cost to the state of conducting the sale. The base prices…

(a) The commissioner will determine the price of timber for sale under AS 38.05 and this chapter in accordance with this section. (b) When the commissioner considers entering into a timber sale contract under AS 38.05.123, (1) the commissioner will establish a base price for timb…

(a) For the purpose of entering into timber sale contracts for local manufacture of high value-added timber products under AS 38.05.123, the commissioner will negotiate no more than the following number of timber sale contracts each year: (1) 10 sales per year in region I; (2) fi…