reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.710 - Procedure for reclassification of first class cities with less than 400 residents

Current through May 31, 2024
(a) A city council
				  requesting reclassification under
				  AS
				  29.04.045 shall file a written request with
				  the commission including the following:
(1)
				  the name of the first class city seeking reclassification;
(2) the city council's mailing
				  address;
(3) a certified copy of
				  the resolution, meeting minutes or other official record of the city council
				  action requesting reclassification;
(4) whether the city will exercise powers
				  under AS
				  29.35.260(c) after
				  reclassification;
(5) a true and
				  correct copy of the most recent decennial U.S. census records showing that the
				  city has a population less than 400; and
(6) an affidavit of the person filing the
				  written request that, to the best of the person's knowledge, information, and
				  belief, formed after reasonable inquiry, the information in the request is true
				  and accurate.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 14 - General Provisions › 3 AAC 110.910 - Statement of nondiscrimination

Current through May 31, 2024
A petition will not be approved by the commission if the
					 effect of the proposed change denies any person the enjoyment of any civil or
					 political right, including voting rights, because of race, color, creed, sex,
					 or national origin.
Authority:
Art. X, sec. 12,
AS 44.33.812
Ak Const.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 14 - General Provisions › 3 AAC 110.920 - Determination of community

Current through May 31, 2024
(a) In determining
				  whether a settlement comprises a community, the commission may consider
				  relevant factors, including whether the
(1)
				  settlement is inhabited by at least 25 permanent residents;
(2) the permanent residents live in a
				  geographical proximity that allows frequent personal contacts and interaction;
				  and
(3) the permanent residents at
				  a location are a discrete and identifiable social unit, as indicated by such
				  factors as resident public school enrollment, number of sources of employment,
				  voter registration, precinct boundaries, permanency of dwelling units, and the
				  number of commercial or industrial establishments, community services, and
				  service centers.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 14 - General Provisions › 3 AAC 110.970 - Determination of essential municipal services

Current through May 31, 2024
(a) If a provision
				  of this chapter calls for the identification of essential municipal services
				  for a borough, the commission will determine those services to consist of those
				  mandatory and discretionary powers and facilities that
(1) are reasonably necessary to the area;
				  and
(2) promote maximum local
				  self-government.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 14 - General Provisions › 3 AAC 110.981 - Determination of maximum local self-government

Current through May 31, 2024
In determining whether a proposed boundary change promotes
					 maximum local self-government under art. X, sec. 1, Constitution of the State
					 of Alaska, the commission will consider
(1) for borough incorporation, whether the
				  proposal would extend local government on a regional scale to a significant
				  area and population of the unorganized borough;
(2) for borough annexation, whether the
				  proposal would extend local government to portions of the unorganized
				  borough;
(3) for merger or
				  consolidation of municipalities, whether the proposal would expand or diminish
				  the level of local government currently provided by the municipalities being
				  merged or consolidated;
(4) for
				  borough detachment, whether the
(A) proposal
				  would
(i) diminish the provision of local
				  government to the area and population being detached; or
(ii) detrimentally affect the capacity of the
				  remnant borough to serve the local government needs of its residents;
				  and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 14 - General Provisions › 3 AAC 110.982 - Minimum number of local government units

Current through May 31, 2024
Among the factors to be considered in determining whether a
					 proposed boundary change promotes a minimum number of local government units in
					 accordance with art. X, sec. 1, Constitution of the State of Alaska, the
					 commission will consider
(1) for
				  borough incorporation, whether a new borough will be created from the
				  unorganized borough and whether the proposed boundaries maximize an area and
				  population with common interests;
(2) for borough annexation, whether the
				  jurisdictional boundaries of an existing borough are being enlarged rather than
				  promoting the incorporation of a new borough and whether the proposed
				  boundaries maximize an area and population with common interests;
(3) for borough merger or consolidation,
				  whether the merged or consolidated borough minimizes the number of local
				  government units and whether the boundaries of the merged or consolidated
				  borough maximize an area and population with common interests;
(4) for borough detachment, whether the
				  detached area by itself is likely to be incorporated as an organized
				  borough;
(5) for deunification of a
				  unified municipality, whether
(A)
				  incorporation of one or more new cities is likely to occur as a result of the
				  proposed action, and, if so, the reasons why a new incorporation is or will be
				  needed; or
(B) the action is
				  proposed as an alternative to detachment of area and incorporation of one or
				  more new boroughs;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 14 - General Provisions › 3 AAC 110.990 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this
					 chapter
(1) "borough" means a general
				  law borough, a home rule borough, or a unified municipality;
(2) repealed 1/9/2008;
(3) "commission" means the Local Boundary
				  Commission;
(4) "commissioner"
				  means the commissioner of commerce, community, and economic
				  development;
(5) a "community"
				  means a social unit comprised of 25 or more permanent residents as determined
				  under 3 AAC 110.920;
(6) "contiguous" means, with respect to area,
				  territory, or property, adjacent, adjoining, and touching; contiguous area,
				  territory, or property includes area, territory, or property separated by
				  public rights-of-way;
(7)
				  "department" means the Department of Commerce, Community, and Economic
				  Development;
(8) "mandatory power"
				  means an authorized act, duty, or obligation required by law to be performed or
				  fulfilled by a municipality in the course of its fiduciary obligations to
				  citizens and taxpayers; "mandatory power" includes one or more of the
				  following:
(A) assessing the value of taxable
				  property, and levying and collecting taxes;
(B) providing education, public safety,
				  public health, and sanitation services;
(C) planning, platting and land use
				  regulation;
(D) conducting
				  elections; and
(E) other acts,
				  duties, or obligations required by law to meet the local governmental needs
				  within the boundaries proposed for change;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 131 - Population Determination for Municipal Oil and Gas Production Property Tax Limitations › 3 AAC 131.010 - Certification of population

Current through May 31, 2024
Except as provided in
				  3 AAC 131.020, the population of a municipality for the
				  purposes of the limitation on its oil and gas production property tax revenue
				  will be the population certified by the commissioner under
				  3 AAC 180.030.
Authority:
AS
					 29.45.080
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 131 - Population Determination for Municipal Oil and Gas Production Property Tax Limitations › 3 AAC 131.020 - Alternate population determination procedure for municipalities with remote work sites

Current through May 31, 2024
(a) The department will send an alternate
				municipal population determination to a qualified municipality by January 15.
				The municipality may appeal the determination to the commissioner. The appeal
				must be in writing and must be mailed to the commissioner within 30 days after
				receipt of the notice of determination. The appeal must include the grounds for
				the appeal and any relevant evidence. The commissioner will review the appeal
				and notify the municipality of the decision on the appeal within 10 days after
				receipt of the appeal.
(b) The
				population of a qualified municipality under this section is the sum of the
				population, as determined under
				3 AAC 180.030, of the municipality in locations other
				than remote work sites and the annual average number of employment positions at
				the remote work sites that, if occupied by one person, would qualify that
				person as a "permanent resident" under the definition at
				3 AAC 180.900. The annual average number of employment
				positions shall be determined by using the most current available, relevant
				Department of Labor and Workforce Development statistics.
Authority:
AS
					 29.45.080
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 131 - Population Determination for Municipal Oil and Gas Production Property Tax Limitations › 3 AAC 131.030 - Definitions

Current through May 31, 2024
In this chapter,
(1)
				"commissioner" means the commissioner of the Department of Commerce, Community,
				and Economic Development;
(2)
				"qualified municipality" means a municipality that has within its boundaries
				one or more remote work sites and for which the definition of "permanent
				resident" in
				3 AAC 180.900 does not accurately reflect the
				year-around presence of employees at the work site in the municipality, because
				several persons, none of whom individually qualifies as a "permanent resident,"
				combine to fill one employment position in the work site more than a majority
				of the year;
(3) "remote work site"
				means a work camp established or supported by an employer for its employees in
				an isolated location separate from other populated areas of the municipality in
				which there is a reasonably stable number of persons who work and reside at the
				work camp throughout the year.
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
					 29.45.080
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 1 - General Provisions › 3 AAC 132.010 - Purpose

Current through May 31, 2024
3 AAC 132.010 -
					 3 AAC 132.160 implement, interpret, and make specific
					 AS
					 41.15.180 to provide for payments under the
					 national forest receipts program to eligible municipalities and regional
					 educational attendance areas.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 1 - General Provisions › 3 AAC 132.020 - Objective

Current through May 31, 2024
The objective of the national forest receipts program is to
					 allocate a share of national forest income under
					 16 U.S.C.
					 500 and
					 AS
					 41.15.180 to eligible
(1) municipalities to be expended for public
				  schools, public roads, and Title II and Title III projects; and
(2) regional educational attendance areas to
				  be expended for public schools and Title II and Title III projects.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 1 - General Provisions › 3 AAC 132.030 - Delegation of authority

Current through May 31, 2024
The commissioner will, in the commissioner's discretion,
					 delegate the authority to administer the national forest receipts program under
					 AS
					 41.15.180 to the municipal and regional
					 assistance division in the department.
Authority:
AS
						41.15.180
AS 44.17.010
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 2 - Program Eligibility › 3 AAC 132.040 - Eligibility requirements

Current through May 31, 2024
To be eligible to receive a payment under the national
					 forest receipts program, a municipality or regional educational attendance area
					 must
(1) apply to the department under
				  the procedures set out in
				  3 AAC 132.050 -
				  3 AAC 132.160;
(2) be classified before July 1 of the
				  application year, as a
(A) municipality under
				  AS
				  29.04.010-29.04.030;
(B) municipality organized as an Indian
				  reserve having formed a community development corporation under AS 29.60.365;
				  or
(C) regional educational
				  attendance area under
				  AS
				  14.08.031; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.050 - Application procedures

Current through May 31, 2024
(a) An application
				  for payment under the national forest receipts program must be made on a form
				  provided by the department.
(b) On
				  or before July 1 of each application year, the department will distribute
				  application forms to municipalities and regional educational attendance areas
				  that the department determines may be eligible for participation in the
				  national forest receipts program. The department will make application forms
				  available to the public upon request.
(c) To be eligible for the national forest
				  receipts program, an applicant must meet the eligibility requirements in
				  3 AAC 132.040 and must submit to the department an
				  annual application form including, as appropriate, a certified road mileage
				  statement as described in
				  3 AAC 132.080, a declaration allocating the applicant's
				  share of project money between Title II and Title III projects, a waiver of
				  sovereign immunity as described in
				  3 AAC 132.090, and an annual accounting report as
				  described in
				  3 AAC 132.120. The submissions required in this
				  subsection must be postmarked no later than August 15 of the application
				  year.
(d) The commissioner will, in
				  the commissioner's discretion, waive the filing deadline if the commissioner
				  determines that the municipality or regional educational attendance area made a
				  good faith effort to comply with the provisions of this section and if the
				  commissioner determines that a waiver will not unreasonably disrupt the
				  administration of the program.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.055 - Allocation of national forest receipts program money between the Tongass and Chugach National Forests

Current through May 31, 2024
The department will use the following formula to allocate
					 the state's annual full payment of national forest receipts received from the
					 federal government between the Tongass and Chugach National Forests for
					 distribution to eligible applicants located within each national forest:
(1) 98.43 percent will be allocated for the
				  Tongass National Forest;
(2) 1.57
				  percent will be allocated for the Chugach National Forest.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.060 - Calculation of national forest within boroughs

Current through May 31, 2024
The amount of a payment made under the national forest
					 receipts program to each borough will be calculated based upon the area of the
					 national forest located within its boundaries as of September 30 of the state
					 fiscal year immediately preceding the application year.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.070 - Calculation of average daily membership

Current through May 31, 2024
The amount of a payment made under the national forest
					 receipts program to a regional educational attendance area or a municipal
					 school district in the unorganized borough for public schools will be
					 calculated based upon the average daily membership of school districts as
					 determined under
					 AS
					 14.17.600 and
					 AS
					 41.15.180(m), for the state
					 fiscal year immediately preceding the application year.
As of Register 175 (October 2005), the regulations
						attorney made a technical revision under
						AS
						44.62.125(b)(6), to
						3 AAC 132.070.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.080 - Calculation of locally maintained roads

Current through May 31, 2024
(a) The amount of a
				  payment made under the national forest receipts program to a municipality in
				  the unorganized borough for public roads will be calculated based upon the
				  number of road miles located within the municipality over which the
				  municipality exercises road powers plus the number of state road miles
				  maintained by the municipality under a road maintenance agreement with the
				  state in effect as of September 30 of the state fiscal year immediately
				  preceding the application year.
(b)
				  A municipality shall submit with its annual application to the department a
				  road mileage statement certified by the mayor of the number of miles of
				  eligible locally maintained roads. The road mileage statement must be on a form
				  provided by the department. The department may require the municipality to
				  submit a scale map displaying the roads claimed.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.090 - Waiver of sovereign immunity

Current through May 31, 2024
A municipality that is organized under federal law as an
					 Indian reserve that existed before the enactment of
					 43 U.S.C.
					 1618(a) and is continued in
					 existence under that subsection, that has formed a community development
					 corporation under AS 29.60.365, and that applies for a payment from the
					 national forest receipts program shall submit with its annual application to
					 the department a written waiver of sovereign immunity from legal action by the
					 state to recover all or a portion of the payments distributed. The written
					 waiver of sovereign immunity must be on a form provided by the
					 department.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.100 - Expenditure of national forest receipts for public schools

Current through May 31, 2024
A payment made under the national forest receipts program
					 for public schools must be used only for the operation, maintenance, repair or
					 construction of public schools and may be used as the local government
					 contribution to public schools under
					 AS
					 14.17.410.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.110 - Expenditure of national forest receipts for public roads

Current through May 31, 2024
A payment made under the national forest receipts program
					 for public roads must be used only for the operation, maintenance, repair, or
					 construction of public roads over which the municipality exercises road powers.
					 The purchase of materials and equipment used to operate, maintain, repair, or
					 construct public roads is permitted under this section.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.115 - Expenditure of national forest receipts for Title III projects; public comment period

Current through May 31, 2024
(a) National forest receipts program money
				  for Title III projects may be used by a municipality or regional educational
				  attendance area for one or more of the following purposes:
(1) reimbursement for search-and-rescue,
				  fire-fighting, and other emergency services performed on federal lands and paid
				  for by the municipality or regional educational attendance area;
(2) reimbursement for all or part of the
				  costs incurred by the municipality or regional educational attendance area to
				  pay the salaries and benefits of its employees who supervise adults or
				  juveniles performing mandatory community service on federal lands;
(3) acquisition of easements on a
				  willing-seller basis to provide for
(A)
				  non-motorized access to public lands for hunting, fishing, and other
				  recreational purposes; or
(B)
				  conservation easements;
(4) establishing or conducting forest-related
				  after-school programs;
(5)
				  education of homeowners in fire-sensitive ecosystems about the consequences of
				  wildfires and techniques in home siting, home construction, and home
				  landscaping that can increase the protection of people and property from
				  wildfires;
(6) planning efforts to
				  reduce or mitigate the impact of development on adjacent federal lands and to
				  increase the protection of people and property from wildfires.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.120 - Accounting and reporting requirements

Current through May 31, 2024
A municipality or regional educational attendance area that
					 receives a payment from the national forest receipts program shall establish a
					 separate accounting of the receipt and expenditure of the payment. A
					 municipality or regional educational attendance area shall submit with its
					 annual application to the department an accounting report that documents the
					 expenditure of the income received from the national forest receipts program in
					 the previous application year. The report must be on a form provided by the
					 department and must be certified by the mayor of the municipality or by the
					 superintendent of the regional educational attendance area.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.130 - Reduction of payments

Current through May 31, 2024
The department will reduce a municipality's or regional
					 educational attendance area's payment under the national forest receipts
					 program if the department determines that a municipality or regional
					 educational attendance area failed to properly expend a payment received from
					 the national forest receipts program. The amount of the reduction will equal
					 the amount determined by the department to have been improperly expended. At
					 the discretion of the department, the reduction will occur over more than one
					 application year. The department will notify the municipality or regional
					 educational attendance area of the determination in writing by certified
					 mail.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.140 - Appeal procedures

Current through May 31, 2024
(a) A municipality or regional educational
				  attendance area may appeal a determination made by the department under
				  3 AAC 132.130 to the commissioner. An appeal must be
				  made in writing to the commissioner within 15 days after receipt of the
				  department's determination.
(b) Not
				  later than 15 days after receipt of the appeal, the commissioner or the
				  commissioner's designee will decide the appeal and will notify the municipality
				  or regional educational attendance area of the decision in writing by certified
				  mail. The written decision is the agency's final administrative decision for
				  purposes of appeal to superior court.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.150 - Underpayment and adjustment

Current through May 31, 2024
(a) A municipality
				  or regional educational attendance area may submit a request for adjustment if
				  the municipality or the regional educational attendance area believes that an
				  underpayment was made. A request for adjustment under this section must be made
				  in writing to the commissioner and must be postmarked on or before August 1 of
				  the application year following the application year in which the underpayment
				  was made. The request must include evidence to demonstrate a good faith effort
				  by the municipality or regional educational attendance area to comply with the
				  provisions of this chapter and must include documentation in support of the
				  adjustment.
(b) Not later than 15
				  days after receipt of the request for adjustment, the commissioner or the
				  commissioner's designee will make a determination and will notify the
				  municipality or regional educational attendance area of the decision in writing
				  by certified mail. The written decision is the agency's final administrative
				  decision for purposes of appeal to the superior court.
(c) Upon a determination by the commissioner
				  or the commissioner's designee that the municipality or regional educational
				  attendance area made a good faith effort to comply with the provisions of this
				  chapter and that an underpayment was made, the department will adjust the
				  payment during the application year in which the request for adjustment was
				  made. The adjustment will be the difference between the amount that the
				  municipality or regional educational attendance area received and the amount it
				  was entitled to receive.
(d) If the
				  commissioner or the commissioner's designee determines that the municipality or
				  regional educational attendance area did not make a good faith effort to comply
				  with the provisions of this chapter or that an underpayment was not made, the
				  request for adjustment will be denied.
Authority:
AS
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 3 - Procedures › 3 AAC 132.160 - Overpayment and adjustment

Current through May 31, 2024
(a) If the
				  department determines that a payment that a municipality or regional
				  educational attendance area received under the national forest receipts program
				  exceeded the amount that the municipality or regional educational attendance
				  area was entitled to receive during an application year, the department either
				  will
(1) request that the excess payment be
				  returned to the state; or
(2)
				  reduce the municipality's or regional educational attendance area's payment
				  during the following application year.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 132 - National Forest Receipts Program › Article 4 - Definitions › 3 AAC 132.900 - Definitions

Current through May 31, 2024
In this chapter
(1) "application year" means the state fiscal
				  year during which a municipality or regional educational attendance area
				  submits an application form for a payment under this chapter;
(2) "automotive equipment" means a
				  self-propelled vehicle with a minimum of three wheels used to transport one or
				  more persons, materials, or commodities;
(3) "commissioner" means the commissioner of
				  the Department of Commerce, Community, and Economic Development;
(4) "department" means the Department of
				  Commerce, Community, and Economic Development;
(5) "public roads" means public right-of-ways
				  dedicated and maintained for use by automotive equipment;
(6) "public schools" means a school that is a
				  member of a district of the state public school system as defined by
				  AS
				  14.12.010;
(7) "federal lands" means lands within the
				  National Forest System as defined in
				  16 U.S.C.
				  1609(a) (sec. 11(a) of the
				  Forest and Rangeland Renewable Resources Planning Act);
(8) "Title II project" means a project
				  authorized under 16 U.S.C.
				  500 and secs. 201 - 208,
				  P.L.
				  106-393 (Secure Rural Schools and Community
				  Self-Determination Act of 2000);
(9) "Title III project" means a project
				  authorized under 16 U.S.C.
				  500 and secs. 301 - 303,
				  P.L.
				  106-393 (Secure Rural Schools and Community
				  Self-Determination Act of 2000).
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
						41.15.180
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 1 - General Provisions › 3 AAC 134.010 - Purpose

Current through May 31, 2024
3 AAC 134.010 -
					 3 AAC 134.160 implement, interpret, and make specific
					 AS
					 29.60.450, that provides for a shared
					 fisheries business tax allocation to eligible municipalities.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 1 - General Provisions › 3 AAC 134.020 - Objective

Current through May 31, 2024
The objective of the shared fisheries business tax program
					 is to allocate a share of state fisheries business tax receipts collected
					 outside municipal boundaries to municipalities that demonstrate they suffered
					 significant effects from fisheries business activity during the program base
					 year.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 1 - General Provisions › 3 AAC 134.030 - Delegation of authority

Current through May 31, 2024
The authority of the department to administer the shared
					 fisheries business tax program under
					 AS
					 29.60.450 is delegated by the commissioner to
					 the division in the department responsible for administering community
					 financial assistance programs.
Authority:
AS
						29.60.450
AS 44.17.010
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 2 - Program Eligibility › 3 AAC 134.040 - Eligibility requirements

Current through May 31, 2024
(a) To be eligible
				  to receive an allocation under the shared fisheries business tax program, a
				  municipality
(1) must apply to the department
				  under the procedures set out in
				  3 AAC 134.090 -
				  3 AAC 134.120; and
(2) must have been classified as a
				  municipality under
				  AS
				  29.04.010-29.04.020 during all or part of
				  the program base year.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.060 - Allocation within areas

Current through May 31, 2024
(a) Except as
				  provided in (f) of this section, if the total apportionment available for an
				  entire area under
				  3 AAC 134.050(a) and (c) together is
				  equal to or greater than the long-form threshold value, the department will
				  distribute one-half of the apportionment for that area to eligible applicants
				  in that area. This share of the area's apportionment will be allocated by the
				  department proportionate to the significant effects of fisheries business
				  activity demonstrated by each eligible applicant in that area divided by the
				  total significant effects of fisheries business activity demonstrated by all
				  eligible applicants in that area. The remaining share of one-half of the
				  apportionment for that area will be allocated equally among all eligible
				  applicants in that area.
(b) In
				  calculating the allocations under (a) of this section
(1) the significant effects credited by the
				  department to each eligible applicant will be measured in terms of expenditures
				  during the program base year demonstrated by that applicant and determined by
				  the department to be reasonable and necessary as a result of fisheries business
				  activities; eligible expenditures include
(A)
				  actual expenditures incurred by the applicant for the mitigation of effects of
				  fisheries business activity; or
(B)
				  estimated expenditures documented by the applicant as reasonable and necessary
				  to mitigate effects of fisheries business activity but which the applicant was
				  unable to make during the program base year.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.070 - Alternative allocation method within areas

Current through May 31, 2024
(a) If all eligible
				  applicants within an area for which the total apportionment under
				  3 AAC 134.050(a) and (c) together is
				  equal to or greater than the long-form threshold value agree in writing, the
				  department will, in its discretion, allow those applicants to use an allocation
				  method within that area other than the method provided for under
				  3 AAC 134.060(a). Alternative
				  allocation methods under this section must measure the relative significant
				  effect of fisheries business activity on the respective applicants in the area
				  and must comply with
				  AS
				  29.60.450.
(b) Repealed 2/16/2013.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.080 - Municipal population determination

Current through May 31, 2024
For the purposes of per capita and other population
					 calculations under this chapter, the department will use the municipal
					 population as certified during the fiscal year immediately preceding the
					 application year under
					 3 AAC 180.050(d).
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.090 - Application procedures

Current through May 31, 2024
(a) An application
				  for the program must be made on the forms provided by the department.
(b) Not later than November 15 of each
				  application year, the department will distribute applications to persons who
				  have requested an application and municipalities who the department believes
				  eligible for participation in the program. The department will make application
				  forms also available to the public, upon request.
(c) If an area's total apportionment under
				  3 AAC 134.050(a) and (c) together is
				  equal to or greater than the long-form threshold value, an applicant in that
				  area must complete a long-form application prescribed in
				  3 AAC 134.100. If an area's total apportionment under
				  3 AAC 134.050(a) and (c) together is
				  less than the long-form threshold value, an applicant in that area must
				  complete a short-form application prescribed in
				  3 AAC 134.120. If an applicant wishes to use an approved
				  alternative method of allocation under
				  3 AAC 134.070, the applicant must complete an
				  application prescribed in
				  3 AAC 134.110.
(d) A municipality that occupies more than
				  one area must submit a separate application for each area in which that
				  municipality applies to receive an allocation under this program.
(e) To be eligible for the program, an
				  applicant must submit its applications to the department postmarked no later
				  than February 15 of the fiscal year that the application is being submitted.
				  The commissioner may extend the application deadline for good cause, and upon a
				  finding by the commissioner that a waiver will not unreasonably disrupt the
				  administration of the program.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.100 - Long-form application

Current through May 31, 2024
(a) A municipality located in an area and
				  submitting a long-form application shall include in its application a
				  determination of the significant effects suffered by the municipality during
				  the program base year as a result of fisheries business activity that occurred
				  in that area. The statement, along with the remainder of the application, must
				  be adopted by the governing body through resolution as being true and correct
				  to the best of its knowledge. The application must include this
				  resolution.
(b) The significant
				  effects claimed in a municipality's application must be documented in terms of
				  municipal expenditures during the program base year determined to be reasonable
				  and necessary to mitigate effects of fisheries business activities that
				  occurred in the area in which the municipality is located.
(c) If a significant effect claimed reflects
				  actual municipal expenditures, the application must include clear and complete
				  documentation of those expenditures.
(d) If a significant effect claimed in the
				  application reflects estimated expenditures that were determined by the
				  municipality to be reasonable and necessary, but the municipality was unable to
				  make during the program base year, the application must include a finding in a
				  resolution by the municipal governing body that documents and clearly
				  demonstrates the procedures and methods by which the need and the estimates
				  were determined.
(e) If a
				  significant effect claimed in the application represents only a part of the
				  need for a municipal service, the application must include documentation that
				  explains how the part claimed under the program was determined as a significant
				  effect. Eligible municipal services include health care, public safety,
				  education, transportation, solid waste disposal, utilities, or general
				  government administration.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.110 - Alternative method application

Current through May 31, 2024
An applicant shall include with its alternative method
					 application a resolution adopted by the governing body that clearly describes
					 the alternative allocation method within that area approved by the department
					 under 3 AAC 134.070.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.120 - Short-form application

Current through May 31, 2024
An applicant shall include with a short-form application a
					 resolution adopted by the governing body that states that the municipality
					 suffered significant effects during the program base year as a result of
					 fisheries business activity.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.130 - Evaluation of long-form application

Current through May 31, 2024
The department will evaluate a long-form application and
					 make a determination on the amount of the significant effects claimed by each
					 applicant that has submitted a long-form application. The department will mail
					 to each applicant a notice of this determination. A determination under this
					 section may be appealed under
					 3 AAC 134.140.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.140 - Long-form application appeal procedure

Current through May 31, 2024
An applicant may appeal a determination made under
					 3 AAC 134.130 to the commissioner. An appeal must be
					 made in writing to the commissioner within 30 days after mailing of the notice
					 of the determination to the applicant's address on record with the program. No
					 later than 20 days after receipt of the appeal, the commissioner or the
					 commissioner's designee will decide the appeal. Written notification of the
					 decision will be mailed to the appealing applicant. This decision represents
					 the final agency action on the appeal.
Authority:
AS
						29.60.450
AS
						44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 134 - Shared Fisheries Business Tax Program › Article 3 - Procedures › 3 AAC 134.150 - Allocation calculations

Current through May 31, 2024
(a) In an area
				  subject to the procedures of the long-form application, the department will
				  calculate and distribute one-half of the apportionment for that area equally
				  among all applicants after the department has received and verified the
				  applications required of the applicants in those areas under
				  3 AAC 134.100 and determined the applicants to be
				  eligible for the program. After the commissioner or the commissioner's designee
				  decides the appeals within an area under
				  3 AAC 134.140, the department will calculate and
				  distribute the remaining one-half of the apportionment for that area to each
				  applicant within that area subject to the procedures of the long-form
				  application.
(b) In an area subject
				  to the procedures of the short-form application, the department will calculate
				  and distribute the allocations for an applicant within that area after the
				  department has received and verified the applications required of the
				  applicants in those areas under
				  3 AAC 134.120 and determined the applicants to be
				  eligible for the program.
(c) In an
				  area subject to the procedures of the alternative method application, the
				  department will calculate and distribute the allocations for an applicant
				  within that area after the department has received and verified the
				  applications required of the applicants in those areas under
				  3 AAC 134.110 and determined the applicants to be
				  eligible for the program.
Authority:
AS
						29.60.450
AS
						44.33.020