reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 4 - Management of Municipal Trust Land › 3 AAC 190.310 - Inventories of landholdings

Current through May 31, 2024
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
				  account of the number of acres of land that have been conveyed by the village
				  corporation to the state in trust under sec. 14(c)(3) of ANCSA, and this
				  chapter, including separate determinations of (A) acreage credits made under
				  3 AAC 190.035, (B) acreage as to which the corporation
				  conveyed less than its entire fee interest in the land under
				  3 AAC 190.040, and (C) acreage as to which only
				  equitable title has been conveyed under an agreement to convey land under
				  3 AAC 190.030;
(3) documentation of the creation and
				  administration of each third party interest in the land; and
(4) an account of revenues received in
				  respect of the land.
Authority:
AS
						44.17.030
AS
						44.33.755(d)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 4 - Management of Municipal Trust Land › 3 AAC 190.320 - Advisory land planning

Current through May 31, 2024
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 provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, formulate and adopt advisory community
					 land-use plans to serve as guideposts for future management and disposal
					 actions involving municipal trust land. Such advisory land-use plans will
					 recognize and conform to any requirements of a planning, platting, and zoning
					 authority as provided in
					 3 AAC 190.330.
Authority:
AS
						44.17.030
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 4 - Management of Municipal Trust Land › 3 AAC 190.330 - Planning, platting, and zoning

Current through May 31, 2024
(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 located
				  outside the boundary of any municipality having planning, platting, and zoning
				  powers, it is subject to all statutes and regulations, if any, of the State of
				  Alaska concerning planning, platting, and zoning which would apply to privately
				  owned land similarly located.
Authority:
AS 29.35
AS 38.05.037
AS 40.15.305
AS 44.17.030
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 4 - Management of Municipal Trust Land › 3 AAC 190.340 - Trespass

Current through May 31, 2024
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
					 matter to the attorney general for the initiation of legal proceedings, to
					 curtail the action or condition, and to obtain compensation for it if
					 appropriate.
Authority:
AS
						44.17.030
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.410 - General

Current through May 31, 2024
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 respect of, municipal trust land has any
					 legal effect whatsoever unless it is taken in strict compliance with
					 AS
					 44.33.755 and this chapter.
Authority:
AS
						44.17.030
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.420 - Prior public notice

Current through May 31, 2024
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 prior approval, by resolution, of the
					 recognized village entity or the village residents, as provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, if a disaster or other emergency has
					 occurred or exists, and if expedited transfer of title to a specific parcel of
					 municipal trust land is necessary to alleviate a threat to life, property, or
					 the welfare of the persons in the village.
Authority:
AS
						44.17.030
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.430 - Prior written approval of entity

Current through May 31, 2024
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 disposal will constitute
					 the necessary approval. No disposal will be made based upon a resolution that
					 was approved by the recognized village entity or the village residents more
					 than 13 months before the proposed action. A written approval granted under
					 this section which ultimately results in a disposal will be filed by the
					 commissioner with the appropriate inventory of landholdings maintained under
					 3 AAC 190.310.
Authority:
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.435 - Rescission or modification of prior approval by entity or village residents

Current through May 31, 2024
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 cancel a
					 pending disposal action, as appropriate under the circumstances, if a
					 recognized village entity timely files a resolution of rescission or
					 modification with the commissioner or if the residents of a village not having
					 a village entity recognized under
					 3 AAC 190.110 -
					 3 AAC 190.150 timely file a request, under
					 3 AAC 190.260, for the convening of a village meeting
					 for the purpose of rescinding or modifying a prior resolution or referendum of
					 approval. A resolution of a recognized village entity or a request for a
					 village meeting will be considered timely filed for the purposes of this
					 section if it is received by the commissioner before a vesting of property
					 rights in a prospective grantee of municipal trust land that had been
					 previously approved for disposal by a recognized village entity, meeting, or
					 referendum of village residents.
Authority:
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.440 - Commissioner's approval required for disposal

Current through May 31, 2024
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
					 the Native village. A resolution of a recognized village entity or the village
					 residents, as provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, requesting and approving the disposal of
					 specific municipal trust land does not unilaterally impose a duty upon the
					 commissioner to make such a disposal. If the commissioner does not approve of a
					 specific disposal as requested and approved by resolution of the recognized
					 village entity or the village residents, the commissioner will, within 120 days
					 after receipt of such a resolution, state to the recognized village entity or
					 village residents, in a written decision, his or her reasons for deciding not
					 to proceed with that specific disposal. The commissioner will cause a copy of
					 that written decision to be posted publicly in the manner provided by
					 3 AAC 190.910(b) (2) for 30
					 days.
Authority:
ANCSA, sec. 14(c)(3)
AS 44.17.030
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.450 - Disposals for fair market value

Current through May 31, 2024
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
					 determined by the commissioner in writing in advance of a final consultation
					 with the recognized village entity or the village residents as provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, concerning that specific parcel. In
					 determining the fair market value of a parcel, the commissioner will, in his or
					 her discretion, obtain an independent appraisal. If an independent appraisal is
					 obtained, the appraisal fee will be added as a surcharge to the fair market
					 value, and the disposal will not be made for less than the aggregated
					 amount.
Authority:
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.470 - Preference right based on equity

Current through May 31, 2024
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 commissioner will, in his or her discretion, offer and grant, to any person
					 who has a valid claim based upon equity in the improvements located on that
					 parcel, a preference right to acquire that parcel. In order to be eligible for
					 a preference right under this section, the claimant's equity must be based upon
					 improvements existing on the parcel before tender of that parcel by the village
					 corporation under
					 3 AAC 190.010 -
					 3 AAC 190.065. Before conveying land or an interest in
					 land under this section, the commissioner will first give public notice of the
					 proposed transaction as provided in
					 3 AAC 190.910. The notice will require that any person
					 having an adverse equity interest in the improvements located on that parcel
					 must file a claim with the commissioner within 30 days after publication of the
					 notice in order that the adverse claimant's interests may be considered before
					 disposal of the parcel. If a conflict arises between two or more claimants
					 under this section, the commissioner will give each party an opportunity to
					 present evidence to support his or her claim of equitable interest in the
					 improvements before making a written decision concerning an award of a
					 preference right. The commissioner will also give the recognized village entity
					 or the village residents, as provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, an opportunity to review the evidence
					 presented by the parties in the conflict and to make a recommendation to the
					 commissioner concerning the relative equities of the parties. A written
					 decision of the commissioner as to the appropriate party having a sufficient
					 interest superior to all others, if any, which justifies granting a preference
					 right under this section, may be appealed to superior court by an aggrieved
					 party.
Authority:
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.480 - Accounting of surcharged appraisal fees and allocable shares of survey and certain other expenses of land disposal

Current through May 31, 2024
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
					 future municipality, from the disposal. Any such expense will be prorated
					 acre-for-acre and allocated on that basis to each affected parcel. When
					 attributable revenues are reported under
					 3 AAC 190.530 to a future municipality incorporated in
					 the Native village, the net proceeds reported from each disposal will include
					 deductions for all expenses that are to be accounted for under this
					 section.
Authority:
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.490 - No prescriptive rights

Current through May 31, 2024
No title or interest in municipal trust land will be
					 acquired by adverse possession or prescription.
Authority:
AS
						38.95.010
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 6 - Disposition of Land and Funds upon Incorporation of a Municipality in a Native Village › 3 AAC 190.510 - Applicability

Current through May 31, 2024
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.
Authority:
ANCSA, sec. 14(c)(3)
AS 44.17.030
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 6 - Disposition of Land and Funds upon Incorporation of a Municipality in a Native Village › 3 AAC 190.520 - Conveyance of title to municipal trust land

Current through May 31, 2024
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 by the
					 city of the deed or deeds.
Authority:
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 6 - Disposition of Land and Funds upon Incorporation of a Municipality in a Native Village › 3 AAC 190.530 - Reporting of attributable municipal trust land proceeds

Current through May 31, 2024
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 municipal trust land:
(1)
				  the gross receipts;
(2) allocable
				  costs pro-rated under
				  3 AAC 190.480;
(3) the profits represented by the excess of
				  gross receipts over prorated allocable costs; and
(4) interest or other income earned on or
				  imputed to the profits.
Authority:
AS
						44.33.755(e)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 6 - Disposition of Land and Funds upon Incorporation of a Municipality in a Native Village › 3 AAC 190.540 - Transfer of administration of third-party interests in municipal trust land

Current through May 31, 2024
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 that effect, and will relinquish to the city all records maintained with
					 respect to the third-party interests.
Authority:
AS
						44.33.755(c)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 6 - Disposition of Land and Funds upon Incorporation of a Municipality in a Native Village › 3 AAC 190.550 - Transitional management agreements

Current through May 31, 2024
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 opportunity to participate in any decisions relating to
					 the administration of third-party interests.
Authority:
AS
						44.33.755
AS 44.47.980
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 190.910 - Public notice procedure

Current through May 31, 2024
(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 time, place, and
				  nature of any meeting, hearing, or other proceeding to be held in respect to
				  the proposed or requested action; and
(3) a reference to the legal authority under
				  which the action is proposed or requested to be taken.
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 190.920 - Meetings; procedure for rescheduling noticed meeting or hearing

Current through May 31, 2024
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 postponed on
					 an hour-to-hour basis that same day, and if necessary, the following day
					 between 8:00 a.m. and 10:00 p.m. If the meeting cannot be held on the following
					 day, the meeting will be postponed from day to day as is
					 necessary.
Authority:
AS
						44.17.030
AS
						44.33.755
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 190.930 - Delegation of authority by commissioner

Current through May 31, 2024
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 commissioner, and filed
					 with the lieutenant governor's office, and will be revoked only in writing. If
					 revoked, the written order of revocation will be filed with the lieutenant
					 governor's office. A decision or action taken by the municipal land trust
					 officer acting under a delegation of authority from the commissioner is subject
					 to review by the commissioner in the manner prescribed in
					 3 AAC 190.940.
Authority:
AS
						44.17.010
AS 44.17.030
AS
						44.33.755
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 190.935 - Combining of decision to accept and notice of disposal

Current through May 31, 2024
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 of the
					 same parcel of land.
Authority:
AS
						44.17.030
AS
						44.33.755
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 190.940 - Appeal to commissioner

Current through May 31, 2024
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 the date of
					 delivery of the decision, or the date of publication announcing it, or posting
					 date announcing it, whichever is later. The municipal land trust officer shall
					 transmit the appeal to the commissioner within 15 days after its receipt.
					 Within 120 days after the filing of the appeal with the municipal land trust
					 officer, the commissioner will act to modify, reverse, or affirm the decision
					 and will issue a written decision setting out the reasons for the modification,
					 reversal, or affirmation.
Authority:
AS
						44.17.030
AS
						44.33.755(a)
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 190.950 - Decision-making procedure in contested cases

Current through May 31, 2024
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 commissioner will, in his or her
				  discretion, first attempt to mediate the dispute informally;
(2) instead of, or after attempting,
				  mediation, the commissioner will, in his or her discretion, call for written
				  submissions by all interested parties; after receiving the written submissions,
				  the commissioner will:
(A) make a written
				  determination of the matter, or
(B)
				  convene an informal public meeting, upon notice, wherein the views and
				  arguments of all interested parties may be stated orally and on the record,
				  or
(C) treat the matter as a formal
				  administrative adjudication under the Alaska Administrative Procedure Act, AS
				  44.62 et seq., and request that a hearing officer be appointed by the
				  governor's office;
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 190.960 - Conflicts of interest

Current through May 31, 2024
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 such a
					 person or relative, may acquire, directly or indirectly, any interest in
					 municipal trust land or any interest in land held by a village corporation
					 which has or had an obligation to convey land to the state in trust under this
					 chapter, with the exception of land required to be reconveyed under ANCSA, sec.
					 14(c)(1) or (2), or as a part of any general distribution of land to
					 shareholders of a village corporation. This prohibition remains in
					 effect
(1) as to municipal trust land,
				  until one year following termination of the person's employment with the
				  department; and
(2) as to other
				  land held by the village corporation, until one year following completion of
				  the corporation's conveyance of all required municipal trust land to the state
				  in trust.
As of Register 151 (October 1999), the functions of the
						former Department of Community and Regional Affairs were transferred to other
						state agencies. In accordance with ch. 58, SLA 1999 and
						AS
						44.62.125(b)(6), the
						regulations attorney revised
						3 AAC 190.960, as of Register 161 (April 2002), to
						reflect changes in the names of state agencies.
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
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 190.970 - General trustee's authority

Current through May 31, 2024
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.
Authority:
AS
						44.17.030
AS
						44.33.755
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 190.980 - Non-discrimination

Current through May 31, 2024
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,
					 pregnancy, or parenthood.
Authority:
AS
						18.80.210
AS
						18.80.240(2)
AS 44.33.755
Art. I, Sec. 3, Ak.
						Const.
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 190.985 - Severability

Current through May 31, 2024
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.
Authority:
AS
						44.17.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 194 - Real Property From Dissolved Municipalities › 3 AAC 194.010 - Acceptance of title to real property from dissolved municipalities

Current through May 31, 2024
If a municipality is dissolved under
				  AS
				  29.06.450-29.06.510, the commissioner, will
				  in the commissioner's discretion, accept title to real property of the
				  dissolved municipality. The purpose of this chapter is to provide a legal
				  procedure for the commissioner's subsequent conveyance of title to real
				  property to a local entity.
As of Register 218 (July 2016), the regulations attorney
					 made a technical correction under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 3 AAC 194.010, so that "AS 44.47.150" now reads
					 "AS
					 44.33.755." Sections 63 and 84, ch. 58, SLA
					 1999, repealed former AS 44.47.150 and enacted
					 AS
					 44.33.755, identical to former AS 44.47.150
					 except for two technical corrections. Chapter 58, SLA 1999 merged most
					 functions of the former Department of Community and Regional Affairs into what
					 is, as of July 2016, the Department of Commerce, Community, and Economic
					 Development.
Authority:
AS
					 44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 194 - Real Property From Dissolved Municipalities › 3 AAC 194.015 - Disposal of real property from dissolved municipalities

Current through May 31, 2024
(a) Upon approval
				by the dissolved municipality's voters under
				3 AAC 196.020 or by approval of an appropriate village
				entity under
				AS
				44.33.755(a)(2), the
				commissioner will, in the commissioner's discretion, convey title to real
				property of a dissolved municipality to a local entity. A local entity
				designated in the transition plan for dissolution issued by the Local Boundary
				Commission under
				AS
				44.33.812 and
				3 AAC 110.900 may be
(1) a council formed under the provision of
				25 U.S.C.
				473 a;
(2) a council that operates in a community
				among its residents as a matter of federal law; or
(3) an incorporated nonprofit entity
				qualified to receive and spend an entitlement under AS 29.60.140.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 194 - Real Property From Dissolved Municipalities › 3 AAC 194.020 - Approval by appropriate village entity

Current through May 31, 2024
If voters of the dissolved municipality approve the plan for
				  disposition of assets in an election administered by the director of elections
				  under AS
				  29.06.510, that approval by the voters will
				  satisfy the requirement under
				  AS
				  44.33.755(a)(2) for approval
				  by an appropriate village entity.
As of Register 218 (July 2016), the regulations attorney
					 made a technical correction under
					 AS
					 44.62.125(b)(6), to the
					 authority citation that follows
					 3 AAC 194.020, so that "AS 44.47.150" now reads
					 "AS
					 44.33.755." Sections 63 and 84, ch. 58, SLA
					 1999, repealed former AS 44.47.150 and enacted
					 AS
					 44.33.755, identical to former AS 44.47.150
					 except for two technical corrections. Chapter 58, SLA 1999 merged most
					 functions of the former Department of Community and Regional Affairs into what
					 is, as of July 2016, the Department of Commerce, Community, and Economic
					 Development.
Authority:
AS
					 44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 194 - Real Property From Dissolved Municipalities › 3 AAC 194.900 - Definitions

Current through May 31, 2024
In this chapter
(1)
				"appropriate village entity" means an entity that has been officially
				recognized under
				AS
				44.33.755(b) and
				3 AAC 190.110;
(2) "commissioner" means the commissioner of
				the Department of Commerce, Community, and Economic Development;
(3) "local entity" means an active local
				organization having its own independent legal identity, functioning in the
				community, and being fundamentally representative of the residents of the
				community; "local entity" includes an appropriate village entity, a council
				formed under 25 U.S.C.
				473 a, and an incorporated nonprofit entity
				under AS 29.60.140;
(4)
				"municipality" means a political subdivision incorporated under the laws of
				this state;
(5) "real property"
				means land and those things permanently affixed to the land.
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.
As of Register 218 (July 2016), the regulations attorney
					 made a technical correction under
					 AS
					 44.62.125(b)( 6), to the authority citation
					 that follows
					 3 AAC 194.900, so that "AS 44.47.150" now reads
					 "AS
					 44.33.755." Sections 63 and 84, ch. 58, SLA
					 1999, repealed former AS 44.47.150 and enacted
					 AS
					 44.33.755, identical to former AS 44.47.150
					 except for two technical corrections. Chapter 58, SLA 1999 merged most
					 functions of the former Department of Community and Regional Affairs into what
					 is, as of July 2016, the Department of Commerce, Community, and Economic
					 Development.
Authority:
AS
					 44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.030 - Applicability

Current through May 31, 2024
The provisions of this chapter apply, subject to the
				  availability of appropriations, to the allocation and distribution by the
				  department of money to address the immediate planning needs of communities
				  imminently threatened by climate change-related impacts, including erosion,
				  flooding, storm surge, thawing permafrost, and wildfires.
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.040 - Eligible communities

Current through May 31, 2024
(a) Subject to the availability of
				appropriations, and subject to
				3 AAC 195.070 -
				3 AAC 195.110, the department will award on a
				non-competitive basis mini-grants of no less than $10,000 per community and no
				more than $50,000 per community, to be negotiated with each community listed in
				(c) of this section, for hazard impact assessments to identify the nature of
				climate change-related impacts, including erosion, flooding, storm surge,
				thawing permafrost, and wildfires, if that community has not yet undergone a
				hazard impact assessment, and to recommend actions in response to the
				identified impacts.
(b) From the
				balance of available appropriations after allocation and distribution of money
				under (a) of this section, and subject to
				3 AAC 195.050 -
				3 AAC 195.110, the department will award on a
				non-competitive basis grants of no more than $150,000 per community, to be
				negotiated with each community listed in (c) of this section, for planning
				services based on the recommendation of a hazard impact assessment that the
				community had previously undergone or for which the department awarded a
				mini-grant under (a) of this section.
(c) Each of the following communities that
				are imminently threatened by the effects of climate change are eligible for a
				non-competitive grant described in (a) or (b) of this section:
(1) Kivalina;
(2) Koyukuk;
(3) Newtok;
(4) Shaktoolik;
(5) Shishmaref;
(6) Unalakleet.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.050 - Eligibility of planning projects for non-competitive grants

Current through May 31, 2024
Subject to the availability of appropriations, all projects
				  that address planning activities and that are described in the Office of the
				  Governor, Governor's Subcabinet on Climate Change, Immediate Action Workgroup's
Recommendations Report to the Governor's Subcabinet on Climate Change,
pages 3 - 8 and 27 - 45, dated April 17, 2008 and adopted by
				  reference, are eligible for non-competitive grants awarded under
				  3 AAC 195.040(b).
The Office of the Governor, Governor's Subcabinet on
					 Climate Change, Immediate Action Workgroup's Recommendations Report to the
					 Governor's Subcabinet on Climate Change, adopted by reference in
					 3 AAC 195.050, may be reviewed at the Anchorage office
					 of the Department of Commerce, Community, and Economic Development, Division of
					 Community and Regional Affairs, and is also available on the Internet at
					 www.climatechange.alaska.gov.
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.070 - Application and award process

Current through May 31, 2024
(a) An application
				for a grant under this chapter must be completed on a form prescribed by the
				department.
(b) The department will
				send application forms to each community identified in
				3 AAC 195.040(c) as eligible for a
				grant awarded under
				3 AAC 195.040(a) or (b) on a
				non-competitive basis. The department will provide applications on request to a
				community that seeks a grant to be awarded under
				3 AAC 195.040(d) or (e) on a
				competitive basis. The department will solicit applications for grants under
				3 AAC 195.040(d) or (e) by publishing
				notice of the solicitation in a newspaper of general circulation, posting the
				notice on the Alaska Online Public Notice System established under
				AS
				44.62.175 and on the department's website,
				and, when appropriate in the judgment of the department, publishing the notice
				in an additional form or manner that the department prescribes.
(c) For a grant to be awarded under
				3 AAC 195.040(d) or (e) on a
				competitive basis, the department will evaluate each eligible application
				according to the extent to which each community demonstrates need based on one
				or more of the following criteria related to erosion, flooding, storm surge,
				thawing permafrost, wildfires, or other climate-change related impacts:
(1) risk to life or safety during storm or
				flood events;
(2) loss of critical
				infrastructure;
(3) threats to
				public health;
(4) loss of 10
				percent or more of residential dwellings.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.080 - Acceptance of grant offer; grant conditions

Current through May 31, 2024
(a) Upon issuance
				of a final award determination under this chapter, the department will
				negotiate with the recipient to develop a grant agreement. If the recipient
				does not enter into a grant agreement satisfactory to the department within 30
				days after the final award, the department may consider the award rejected. A
				recipient of a final award determination does not have a vested right or other
				entitlement to a grant until a mutually acceptable definitive written agreement
				is negotiated and is executed by the department.
(b) In a grant agreement, the department will
				incorporate any audit requirements made applicable by
				2 AAC 45.010.
(c) In a grant agreement, the department may
				require applicants to procure, maintain, and demonstrate liability, hazard, or
				workers' compensation insurance, may designate required policy limits, and may
				provide that the state will be an additional insured under a policy.
(d) During the term of a grant agreement, the
				grantee shall maintain and provide, at the department's request, all
				grant-related records, reports, invoices, documents, or other information
				required under the grant agreement.
(e) The department may withhold payment under
				the grant for the grantee's failure to comply with this chapter.
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.090 - Appeals

Current through May 31, 2024
(a) Within 20 days of receipt of written
				notice that the department has denied or deferred a grant application or
				revoked a grant, the applicant or grantee may appeal that decision to the
				commissioner. The appeal must be in writing and must identify each part of the
				decision to which the applicant objects.
(b) Within 30 days of receipt of an appeal of
				a decision, the commissioner will review the application and any relevant
				supplemental material and will notify the applicant or grantee of the final
				determination affirming, reversing, or modifying the decision, and of the
				reasons for the final determination.
(c) If the applicant fails to file an appeal
				within the time set out in (a) of this section, the department's decision
				constitutes the final determination of the department.
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.100 - Technical assistance

Current through May 31, 2024
The department may provide technical assistance in project
				  planning, administration, and implementation of a grant if assistance is
				  requested by a grantee.
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.110 - Waiver of sovereign immunity

Current through May 31, 2024
The department will not pay a grant award under this chapter
				  to a village council or a community defined in
				  3 AAC 195.900(2) (D) unless the
				  department receives, on a form approved by the Department of Law, a waiver of
				  sovereign immunity from suit adopted by the governing body for claims related
				  to the grant award.
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 195 - Alaska Climate Change Impact Mitigation Program › 3 AAC 195.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
				  otherwise,
(1) "commissioner" means
				the commissioner of commerce, community and economic development;
(2) "community" means
(A) a borough within the meaning given in
				AS
				29.71.800(3);
(B) a city within the meaning given in
				AS
				29.71.800(4);
(C) a municipality within the meaning given
				in AS
				29.71.800(13);
(D) the Annette Island Reserve established by
				25 U.S.C.
				495 for the Metlakatla Indian Community;
				or
(E) an unincorporated
				community;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 196 - Coastal Impact Assistance Program Public Solicitation › 3 AAC 196.010 - Applicability

Current through May 31, 2024
Subject to the availability of appropriations, this chapter
				  applies to the award, allocation, and distribution of money that is
(1) disbursed through the coastal impact
				assistance program established under
				43 U.S.C.
				1356 a;
(2) allocated directly to the state under
				43 U.S.C.
				1356 a; and
(3) subject to final approval under
				43 U.S.C.
				1356 a by the United States Secretary of the
				Interior, as subgrants for non-state proposals.
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 196 - Coastal Impact Assistance Program Public Solicitation › 3 AAC 196.020 - Eligible entities

Current through May 31, 2024
The following entities are eligible to submit a proposal
				  under this chapter:
(1) a local
				government within the meaning given in
				 43 C.F.R.
				12.43 ;
(2) an incorporated nonprofit entity with
				articles of incorporation and a certificate of incorporation or authority in
				good standing under AS 10.20;
(3) a
				postsecondary educational institution;
(4) repealed 3/14/2012;
(5) an Alaska Native tribe that is recognized
				by the United States Secretary of the Interior to exist as Indian tribe under
				25 U.S.C.
				479 a (Federally Recognized Indian Tribe List
				Act of 1994).
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 196 - Coastal Impact Assistance Program Public Solicitation › 3 AAC 196.030 - Eligible subgrant proposals

Current through May 31, 2024
To be eligible for a subgrant under this chapter, a proposal
				  must benefit the natural coastal environment of the coastal area and meet one
				  or more of the following uses authorized by
				  43 U.S.C.
				  1356 a(d)(1):
(1) projects and activities for the
				conservation, protection, or restoration of coastal areas, including
				wetland;
(2) mitigation of damage
				to fish, wildlife, or natural resources;
(3) planning assistance and the
				administrative costs of complying with
				43 U.S.C.
				1356 a;
(4) implementation of a federally approved
				marine, coastal, or comprehensive conservation management plan;
(5) mitigation of the impact of outer
				continental shelf activities through funding of onshore infrastructure projects
				and public service needs.
Authority:
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 196 - Coastal Impact Assistance Program Public Solicitation › 3 AAC 196.040 - Solicitation process

Current through May 31, 2024
The department will publish a subgrant application guide. The
				  department will solicit applications for subgrants under this chapter by
				  publishing notice of the solicitation in a newspaper of general circulation,
				  and posting the notice on the Alaska Online Public Notice System established
				  under AS
				  44.62.175. The department may publish the
				  notice in an additional form or manner that the department considers helpful in
				  making the solicitation known to the public. The department will provide
				  applications on request to an applicant.
Authority:
AS
					 44.33.020