Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 7 - General and Miscellaneous Provisions › 3 AAC 190.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise, the
					 following words and phrases have the following meanings:
(1) "ANCSA" means the Alaska Native Claims
				  Settlement Act of 1971, P.L. 92-203, 85 Stat. 688, as amended (43 U.S.C.
				  1601 et seq.);
(2) "bona fide village resident" means a
				  natural person who is at least 18 years of age or who is the head of a
				  household if less than 18 years of age, as to whom residency in the village can
				  be established on the date for which a determination of residency is required
				  by application of the rules set out in
				  AS
				  15.05.020;
(3) "commissioner" means the commissioner of
				  the Department of Commerce, Community, and Economic Development of the State of
				  Alaska acting as the trustee of municipal trust land, whose incumbent is
				  responsible under
				  AS
				  44.33.755 to accept, administer, and dispose
				  of such land;
(4) "fair market
				  value" means the appraised price attributable to a parcel of municipal trust
				  land, including the value of any survey which identifies and describes the
				  land, which a willing and knowledgeable buyer would pay and which a willing and
				  knowledgeable seller would accept, with respect to that parcel;
(5) "improved land" means the land conveyed
				  under ANCSA to village corporations which is so changed from its natural state
				  through valuable additions made to the land or through regular use by the
				  residents of the village, that failure to treat that land as municipal trust
				  land would substantially and adversely affect the community as a whole, of
				  which it forms a part;
(6)
				  "less-than-fee interest," where used in reference to land held by a village
				  corporation, means an interest in land which is less than the entire estate in
				  the land which was received by the village corporation from the United States
				  under ANCSA; and, when used in reference to municipal trust land, means an
				  interest in land which is less than the entire estate in the land which was
				  received from the village corporation by the state in trust for any future city
				  in the Native village;
(7)
				  "municipal land trust officer" means that position within the Department of
				  Commerce, Community, and Economic Development whose incumbent is principally
				  responsible, under delegation and general direction of the commissioner, to
				  carry out municipal trust land program activities under
				  AS
				  44.33.755 and the regulations of this
				  chapter;
(8) "municipal trust land"
				  means land the legal or equitable title to which is held by the State of Alaska
				  in trust for a future first or second class city under ANCSA, sec. 14(c)(3) and
				  AS
				  44.33.755;
(9) "person" means any qualified person,
				  firm, corporation, cooperative association, partnership, or other legal entity
				  legally capable of entering into an agreement or contract;
(10) "state fiscal year" means the fiscal
				  year described in
				  AS
				  37.05.920;
(11) "
Tundra Times
" means
				  that state-wide newspaper which is owned and edited by Eskimo, Indian, Aleut
				  Publishing Corporation, 639 I Street, Anchorage, Alaska 99501;
(12) "village" or "Native village" means any
				  unincorporated community, vicinity, or locality which was certified by the
				  Secretary of the Interior under ANCSA as having selection rights under secs.
				  12(a) or 16(b) of ANCSA, as amended, and includes all those persons living in
				  the same community, vicinity, or locality, irrespective of race or enrollment
				  under sec. 5 of ANCSA, who have common community ties or interests;
(13) "village council" means an active local
				  social organization, which need not be a formal organization having its own
				  independent legal identity, functioning in the Native village under tradition
				  which is fundamentally representative of all residents of the Native
				  village;
(14) "village entity"
				  means an organization or group officially recognized by the commissioner under
				  3 AAC 190.110 -
				  3 AAC 190.150 as being "an appropriate village entity"
				  within the meaning of
				  AS
				  44.33.755.
As of Register 171 (October 2004), the regulations
						attorney made technical revisions under
						AS
						44.62.125(b)(6) to reflect
						the name change of the Department of Community and Economic Development to the
						Department of Commerce, Community, and Economic Development made by ch. 47, SLA
						2004 and the corresponding title change of the commissioner of community and
						economic development.
Authority:
AS
						44.17.030
AS
						44.33.755(a)