Alaska Administrative Code

At any time before the completion of a village corporation's conveyance of all ANCSA, sec. 14(c)(3) land to the state in trust, the commissioner will, in his or her discretion, and upon the request of the corporation, execute a written disclaimer of interest under ANCSA, sec. 14(…

Notes 3 AAC 190.060 Repealed 11/19/88. 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…

Upon receipt of a tender of conveyance, the commissioner will notify the subsurface owner of the receipt of the tender. The commissioner will also send to the subsurface owner a copy of the determination to accept or reject the tender. and (5) Notes 3 AAC 190.063 Eff. 11/19/88, R…

In the case of a village corporation for a Native village lying wholly or partially within a borough or unified home-rule municipality incorporated under state law, the commissioner will interpose no objection to an ANCSA sec. 14(c)(3) reconveyance by the corporation to the borou…

With respect to each village covered by AS 44.33.755, the commissioner will, in his or her discretion, upon petition by any person or group, or upon the commissioner's own motion, officially recognize an "appropriate village entity" within the meaning of AS 44.33.755(b). After it…

To be eligible for consideration for recognition as an "appropriate village entity," an entity must, at minimum, meet all of the following standards: (1) the entity must be an active organization (but not necessarily a formal organization having its own independent legal identity…

(a) If more than one entity is determined by the commissioner to be eligible under the standards for recognition in 3 AAC 190.120, then, as a general rule, the commissioner will give preference among eligible entities according to the following, in descending order of priority: (…

(a) Any entity wishing to be recognized by the commissioner under this chapter may initiate proceedings to obtain formal recognition by filing with the commissioner a written petition for recognition. (b) Upon receipt of a petition for recognition, or upon his or her own motion, …

The commissioner will, in his or her discretion, review the official recognition of a village entity upon receipt of a petition signed by 15 percent of the residents of the village, or upon request of the village entity itself, or upon the commissioner's own initiative, at any ti…

If the commissioner is to make a decision or determination under this chapter concerning a village for which no village entity is formally recognized under 3 AAC 190.110 - 3 AAC 190.150, the commissioner will first consult with a meeting of village residents. A meeting of village…

If consultation with a meeting of village residents is required, the commissioner will give notice of the village meeting in the manner required by 3 AAC 190.910. Notes 3 AAC 190.220 Eff. 9/21/79, Register 71; am 11/19/88, Register 108 Authority:AS 44.17.030 AS 44.33.755(b) State…

A meeting of village residents convened by the commissioner under this chapter will be conducted under the general direction of the commissioner, who may designate a chairman pro tempore to preside over the meeting. Notes 3 AAC 190.230 Eff. 9/21/79, Register 71 Authority:AS 44.17…

If prior approval of a village acting through a meeting of village residents is required, the prior approval must be in the form of either a written village meeting resolution adopted under this section, or a village referendum adopted under 3 AAC 190.270. A resolution must bear …

The position of the village residents expressed in a resolution adopted by a village meeting under 3 AAC 190.240 will be treated by the commissioner as final unless a request for reconsideration is made by a village resident who signed the resolution as a member of the majority. …

No meeting of village residents has any legal effect under this chapter unless it is convened by the commissioner in the manner required by this chapter. Village residents who wish to initiate a village meeting for any purpose falling within the scope of this chapter may do so by…

(a) For a village as to which no village entity is formally recognized under 3 AAC 190.110 - 3 AAC 190.150, the commissioner will, in his or her discretion, consult with and ascertain the views of village residents by the use of a village referendum if(1) a meeting of the village…

Only persons who are bona fide residents of the village, as that term is defined in 3 AAC 190.990, on the date of a meeting or referendum may vote on a proposition or sign a resolution. A person whose claim as a bona fide village resident is challenged by another bona fide villag…

If a village, with respect to which a village corporation has an obligation under ANCSA, sec. 14(c)(3), is vacant of bona fide residents at a time when the commissioner is obligated under this chapter to respond to a corporation's tender or to make any other decision regarding mu…

For each village as to which municipal trust land is accepted by the state, the commissioner will maintain a separate inventory of landholdings. This inventory of landholdings will include, at a minimum (1) the land status history of each parcel of municipal trust land; (2) an ac…

The commissioner will, using the resources of the municipal land trustee program, identify and evaluate the resource and location values of municipal trust land and will, in his or her discretion, after consultation with the recognized village entity or the village residents as p…

(a) Where municipal trust land is located within the boundary of any municipality having planning, platting, and zoning powers, it is subject to the regulations and ordinances of that municipality pertaining to planning, platting, and zoning. (b) Where municipal trust land is loc…

If the commissioner is advised as to the existence of trespass, waste, or other tortious or criminal actions or conditions taking place on or relating to municipal trust land, the commissioner, in his or her discretion, will take action, including, in appropriate cases, referring…

The commissioner will, in his or her discretion, dispose of municipal trust land or interests in it in any manner provided for by AS 44.33.755(b), under the procedures set out in 3 AAC 190.410 - 3 AAC 190.490. No action purporting to create an interest or legal right to, or in re…

No disposal authorized by AS 44.33.733(b) will be made without prior public notice in the manner prescribed by 3 AAC 190.910, except that the posting period will be at least 30 days. This requirement will, in the commissioner's discretion, be waived by the commissioner with the p…

Before a disposal, the commissioner will obtain written approval, by resolution, of the recognized village entity or the village residents as provided in 3 AAC 190.110 - 3 AAC 190.290. If the disposal is to the recognized village entity, the entity's resolution requesting the dis…

A recognized village entity or the village residents, as provided in 3 AAC 190.110 - 3 AAC 190.290, may rescind or modify a prior resolution of approval to dispose of municipal trust land or interests in it. The commissioner will, in his or her discretion, postpone, modify, or ca…

The commissioner will not dispose of specific municipal trust land or interests in it if he or she finds that the disposal would be inconsistent with the good faith execution of the commissioner's trust responsibility to a first or second class city that might be incorporated in …

Except in the case of a disposal as to which a waiver has been issued by the commissioner under 3 AAC 190.460, all disposals of municipal trust land or interests in it will be for at least fair market value as defined in 3 AAC 190.990. The fair market value of a parcel will be de…

The commissioner will, in his or her discretion, and with the specific approval of the recognized village entity or the village residents as provided in 3 AAC 190.110 - 3 AAC 190.290, make a written waiver, in whole or in part, of the fair market value requirements of 3 AAC 190.4…

Upon first obtaining the general approval, by resolution of the recognized village entity or the village residents as provided in 3 AAC 190.110 - 3 AAC 190.290, that a specific parcel of improved municipal trust land should be made available for disposal under this section, the c…

The commissioner will account for appraisal and survey expenses, and for any other expenses that result in either a physical improvement to the land or an addition of economic value to the land, and which thereby increase the income that the state might derive, on behalf of the f…

No title or interest in municipal trust land will be acquired by adverse possession or prescription. Notes 3 AAC 190.490 Eff. 9/21/79, Register 71; am 11/19/88, Register 108 Authority:AS 38.95.010 AS 44.33.755 State regulations are updated quarterly; we currently have two version…

The provisions of 3 AAC 190.510 - 3 AAC 190.550 apply in any instance in which a first or second class city is incorporated in, or encompasses in whole or part, a Native village in respect of which municipal trust land has been accepted by the state in trust. Notes 3 AAC 190.510 …

Within one complete state fiscal year after incorporation of the city, the commissioner will convey by one or more quitclaim deeds, without cost to the city, all municipal trust land held by the state in trust for the city. The conveyance is effective upon delivery and acceptance…

Upon the conveyance of municipal trust land to a city under 3 AAC 190.520, the commissioner will account to the city in writing for all proceeds received by the state which are attributable to that municipal trust land. The accounting of proceeds will reflect, for each parcel of …

Upon the conveyance of municipal trust land to a city under 3 AAC 190.520, all prerogatives and responsibilities for administration of third-party interests for that land transfer automatically to the city. The commissioner will notify all affected third parties, in writing, to t…

The commissioner will, in his or her discretion, enter into a transitional management agreement with a city established in the Native village in the future, in anticipation of the conveyance of municipal trust land under 3 AAC 190.520. Under the agreement, the city will have the …

(a) Whenever public notice is required under a regulation in this chapter, unless the regulation specifically requires a different kind of notice, the public notice must contain, at a minimum (1) an informative summary of the proposed or requested action; (2) a statement of the t…

No meeting under this chapter will begin after 10:00 p.m. If a meeting or hearing for which notice has been given cannot be held because of unforeseen logistical problems or due to the unavoidable absence of the commissioner or commissioner's designee, the meeting time will be po…

The commissioner will, in his or her discretion, delegate in writing to the municipal land trust officer the commissioner's authority to make a decision or take an action authorized or contemplated by this chapter. Such a delegation of authority will be executed by the commission…

At the discretion of the commissioner, a decision to accept a tender of land under 3 AAC 190.015 and a notice of disposal of municipal trust land under 3 AAC 190.420 will be combined into one decision and one public notice in order to expedite a conveyance and subsequent transfer…

A decision made by the municipal land trust officer may be appealed to the commissioner by a person whose interests are adversely affected by the decision or action. The appeal must be postmarked, or otherwise delivered to the municipal land trust officer, within 30 days after th…

If a dispute arises regarding a discretionary determination or proposed action to be taken by the commissioner, the following procedure is applicable unless another specific procedure is prescribed in respect to the dispute by another provision of this chapter: (1) the commission…

Neither the commissioner, the deputy commissioner, the municipal land trust officer, nor any employee of the Department of Commerce, Community, and Economic Development, nor any relative of the first degree of such a person, nor any legal entity which is owned or controlled by su…

The commissioner reserves the authority to take any action in the exercise of his or her duties as a trustee which is not forbidden by law. Notes 3 AAC 190.970 Eff. 9/21/79, Register 71; am 11/19/88, Register 108 Authority:AS 44.17.030 AS 44.33.755 State regulations are updated q…

It is the policy of the commissioner respecting the acceptance, administration, management, and disposal of unimproved municipal trust land not to discriminate against any person because of sex, race, religion, color, national origin, marital status or changes in marital status, …

If any provision of this chapter or any application of it is held invalid or unenforceable, the remainder of this chapter and any other application of it is not affected by that holding. Notes 3 AAC 190.985 Eff. 9/21/79, Register 71 Authority:AS 44.17.030 State regulations are up…