Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.015 - Procedure for tender, acceptance, and conveyance

Current through May 31, 2024
Land and interests in land will be accepted by the
					 commissioner as municipal trust land in accordance with the following
					 procedure:
(1) A village corporation
				  having an obligation under sec. 14(c)(3) of the Alaska Native Claims Settlement
				  Act to convey land to the State of Alaska in trust for any municipality which
				  might in the future be incorporated in and for the Native village corresponding
				  to that corporation may make one or more written tenders to the commissioner of
				  specifically identified land in satisfaction of that obligation. Where land
				  status circumstances present technical reasons for postponement of a final
				  tender which would fully satisfy the acreage obligation, a tender or tenders
				  which will partially satisfy the obligation are encouraged by the commissioner,
				  especially where certain land needed for public community facilities can be
				  identified for conveyance.
(2) Upon
				  receipt of a written tender, the commissioner will begin consultation and
				  evaluation procedures to determine whether the land tendered should be
				  accepted. If the tender only partially satisfies the sec. 14(c)(3) obligation,
				  the commissioner will accept or reject the tender within 90 days after receipt.
				  If the tender is for complete satisfaction of the sec. 14(c)(3) obligation, the
				  commissioner will accept or reject the tender within 180 days after receipt.
				  The commissioner will, in his or her discretion, extend either deadline with
				  the written concurrence of the village corporation. Before making a
				  determination to accept a tender, the commissioner will consult with the
				  recognized village entity or the village residents, as provided in
				  3 AAC 190.110 -
				  3 AAC 190.290. In determining whether to accept the
				  tender, the commissioner will take into account the views expressed by the
				  recognized village entity or the village residents, as provided in
				  3 AAC 190.110 -
				  3 AAC 190.290. The commissioner will apply the standards
				  in 3 AAC 190.020 in evaluating the
				  tender. The commissioner will, in his or her discretion, reject a written
				  tender without consultation with the recognized village entity or the village
				  residents upon a determination that the tendered lands are not subject to the
				  provisions of sec. 14(c)(3) of ANCSA.
(3) The commissioner will accept or reject a
				  tender by a written decision. If the determination is not consistent with the
				  views expressed by the recognized village entity or the village residents,
				  under 3 AAC 190.110 -
				  3 AAC 190.290, then the commissioner's written decision
				  will include a statement of the reasons why those views have not been accepted.
				  The decision will be sent by certified mail, return receipt requested, to the
				  local village corporation and recognized village entity, and published and
				  posted publicly in the manner provided by
				  3 AAC 190.910, except that the posting period will be at
				  least 30 days. The decision becomes final 30 days after the date of its receipt
				  by the village corporation or the recognized village entity, the date of
				  publication, or the date of posting, whichever date is latest, unless an appeal
				  was timely filed under
				  3 AAC 190.940.
(4) If the village corporation and either the
				  recognized village entity or the village residents as provided in
				  3 AAC 190.110 -
				  3 AAC 190.290, consent in writing, the commissioner
				  will, in his or her discretion, waive the publication and posting requirements
				  of (3) of this section and accept the tender. Such a waiver and immediate
				  acceptance will occur only if a disaster or other emergency has occurred or
				  exists and where an expedited transfer of title to the specific parcel of land
				  is necessary to alleviate a threat to life, property, or the welfare of persons
				  in the village. Under such circumstances, the decision to accept a tender of a
				  specific parcel of land becomes final immediately, without a waiting
				  period.
(5) A document that
				  conveys, or agrees to convey, land, may be executed by the village corporation
				  either before or after the decision to accept the tender becomes final. In
				  either case, the commissioner will inspect the document and will accept
				  delivery of the document upon a determination that it is consistent with the
				  accepted tender and complies with
				  3 AAC 190.025 or
				  3 AAC 190.030, as appropriate. The commissioner will
				  accept delivery of the document by written endorsement on the face of the
				  document and will cause it to be recorded promptly under AS 34.15. Unaccepted
				  documents will be returned to the village corporation.
Authority:
ANCSA, sec. 14(c)(3)
AS 44.17.030
AS
						44.33.755(a)