reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.835 - Lease conditions

Current through May 31, 2024
A remote recreational cabin site lease is subject to the
					 following conditions:
(1) the first
				  term of the lease is three years, extendable for an additional year if survey
				  and appraisal are not complete or the department is otherwise unable to proceed
				  with the sale; a lease in good standing will automatically be renewed for a
				  second term of five years if the lessee does not purchase the site at the end
				  of the first term;
(2) the annual
				  rental fee for the first term of the lease, including any extension granted
				  under (1) of this subsection for a fourth year, is as set out in 11 AAC 05.230
				  and may be paid quarterly;
(3) the
				  annual rental fee for the second term of the lease is as set out in 11 AAC 05.230;
(4) during the first term
				  of the lease, unless the lessee posted a cash survey and appraisal performance
				  bond before issuance of the lease, the lessee shall also pay, in advance, a
				  quarterly deposit toward the department's estimated cost of surveying,
				  platting, and appraising the remote recreational cabin site for purchase; if
				  the first term of the lease is extended under (1) of this subsection for an
				  additional year, no additional quarterly deposit is required during that
				  year;
(5) if the lessee posted a
				  cash survey and appraisal performance bond before issuance of the lease, the
				  lessee shall complete an approved survey plat and an approved appraisal during
				  the first term of the lease; if the lessee fulfills the survey and appraisal
				  requirement before the lease expires, the lessee's survey and appraisal
				  performance bond will be released; if the lessee does not fulfill the survey
				  and appraisal requirement before the end of the lease's third year, the lease
				  will be extended for a fourth year only upon application and payment of a fee
				  of $500, which includes the fourth year's rental; if the lessee does not
				  fulfill the survey and appraisal requirement before the lease's first term
				  expires, the lessee's survey and appraisal performance bond will be forfeited;
				  the lease will not be renewed for a second term, ending the lessee's interest
				  in the remote recreational cabin site;
(6) the lease may not be transferred,
				  subleased, or assigned, except
(A) by a court
				  order as part of a property division resulting from a divorce or dissolution of
				  marriage; or
(B) in the event of
				  the lessee's death, by order of a court with probate jurisdiction, or at the
				  direction of the personal representative or similar person appointed by that
				  court to manage the lessee's estate;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.840 - Deposits, refunds, and credits

Current through May 31, 2024
(a) If the total
				  deposit paid by a remote recreational cabin site lessee for the cost of
				  surveying, platting, and appraising the site does not cover the lessee's share
				  of the cost, prorated by acreage, the lessee shall pay the balance at the time
				  of purchase. If the total deposit paid exceeds the lessee's share of the cost,
				  prorated by acreage, the excess will be credited against the purchase
				  price.
(b) A deposit is
				  non-refundable if a lessee or purchaser does not proceed with the purchase of
				  the site, except that the department will refund 50 percent of a lessee's total
				  deposit if the lessee files a written relinquishment of the lease before the
				  lease's fourth quarterly payment is due.
(c) Rental payments are non-refundable.
				  However, if a lease is converted to a sale, the unexpended portion of that
				  quarter's or year's prepaid rental will be credited against the site's purchase
				  price.
(d) A lessee's deposit for
				  survey and platting as required by
				  11 AAC 67.835(4),
				  a purchaser's reimbursement to the department for survey and platting as
				  required by
				  11 AAC 67.815, or the estimated
				  cost of survey and platting if completed by the lessee as required by
				  11 AAC 67.835(5),
				  will be credited against the site's purchase price. However,
(1) a deposit for the cost of appraisal will
				  not be credited; and
(2) the
				  minimum purchase price for a remote recreational cabin site, notwithstanding
				  any credits, is $1,000.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.845 - Access

Current through May 31, 2024
(a) Each remote recreational cabin site
				  staked under
				  11 AAC 67.815(c)
				  is subject to an access and utility easement 15 feet wide, or as required by
				  the platting authority, along each boundary.
(b) Before completion of the survey, a lessee
				  has the right of reasonable access across other unsurveyed remote recreational
				  cabin sites. However, the department will not approve construction of an access
				  road or installation of a utility on a route that crosses or may cross another
				  remote recreational cabin site until the access or utility easement is shown on
				  the survey plat.
(c) Before
				  completion of the survey, the department will reserve an additional access or
				  utility easement across a remote recreational cabin site, if a lessee or
				  landowner shows to the department's satisfaction that the easement is necessary
				  to provide access to that person's parcel and that access is not feasible via
				  boundary-line easements, easements reserved along existing trails, easements
				  reserved to and along navigable or public waters, section-line easements, and
				  other easements of record or existing by operation of law. An additional access
				  or utility easement will not be reserved without approval of the route of the
				  easement by the lessee whose parcel is to be crossed. However, the lessee's
				  approval may not deny access or operate to deny access. A lessee may not block
				  access along an existing trail.
Authority:
AS
						38.04.050
AS 38.04.055
AS 38.05.020
AS 38.05.035
AS 38.05.127
AS
						38.05.600
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 9 - Installment Contracts › 11 AAC 67.875 - Installment payments

Current through May 31, 2024
(a) A person purchasing state land under this
				  chapter may make installment payments to pay the principal sum remaining after
				  the five-percent cash downpayment if the remaining principal sum to be paid
				  exceeds $2,000. The principal sum is computed, for the purpose of this section,
				  on each individual tract. If the principal sum is $2,000 or less, the purchase
				  price must be paid in full.
(b) A
				  person holding a homesite permit may enter into an installment contract for
				  payment of survey and platting costs if those costs are greater than $2,000. If
				  the survey and platting costs are $2,000 or less, the purchaser must pay the
				  costs in full.
(c) The department
				  will provide for a monthly installment payment schedule unless the department
				  determines that a quarterly or annual installment payment schedule is more
				  administratively efficient.
(d)
				  Principal and interest payments will be set on a level-payment basis according
				  to the following financed principal amounts:
(1) $2,000.01 to $9,999.99, not more than 5
				  years;
(2) $10,000.00 to
				  $14,999.99, not more than 10 years;
(3) $15,000.00 to $19,999.99, not more than
				  15 years;
(4) $20,000.00 or more,
				  not more than 20 years.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 9 - Installment Contracts › 11 AAC 67.877 - Interest

Current through May 31, 2024
The interest rate on all installment contracts is the rate
					 required for land sale contracts under
					 AS
					 38.05.065(i).
Authority:
AS
						38.05.020
AS 38.05.065
AS
						38.08.060
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 9 - Installment Contracts › 11 AAC 67.879 - Service charge

Current through May 31, 2024
A 10-day grace period after the date due is allowed on all
					 installment payments. The department will assess the late payment service
					 charge prescribed by 11 AAC 05.030, plus interest due, on each installment
					 payment that is received more than 10 days after the due date, unless provided
					 otherwise in the installment contract.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.065
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 9 - Installment Contracts › 11 AAC 67.880 - Additional payments

Current through May 31, 2024
Any additional payment or overpayment will first be applied
					 to satisfy any outstanding penalty, then to satisfy any interest due, and
					 finally to reduce the remaining principal.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.065
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 10A - Veterans' Land Discounts › 11 AAC 67.891 - Applicability

Current through May 31, 2024
(a) Veterans' land discounts are applicable
				  only to the purchase of state land classified "settlement" that the department
				  does not consider suitable for commercial or industrial use. The notice of sale
				  required by
				  AS
				  38.05.945(b) will indicate
				  if veterans' land discounts may be used for that sale.
(b) A veterans' land discount applies to the
				  land purchase price only, and not to any interest due on the unpaid balance, or
				  to any costs determined by the commissioner to be reimbursable to the
				  state.
(c) Interest on the unpaid
				  balance of the purchase price is computed on the discounted price
				  only.
(d) As used in
				  AS
				  38.05.940, "active duty in the U.S. Armed
				  Forces" means service documented as active duty on Department of Defense form
				  DD 214 in either the United States Army, Navy, Marines, Air Force, or Coast
				  Guard; the Army, Navy, Marine, or Air Force Reserve; or a state national guard
				  unit.
Authority:
AS
						38.05.020
AS
						38.05.940
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 10A - Veterans' Land Discounts › 11 AAC 67.893 - Discount application

Current through May 31, 2024
(a) An application for a veterans' land
				  discount must be submitted to the division on a form supplied by the division.
				  All information on the form, or otherwise required by the division and by this
				  section, must be sworn to by the person supplying the information.
(b) The final date to apply for, and other
				  requirements regarding, a veterans' land discount are as follows:
(1) For a sale at auction or lottery, the
				  application must be filed within 30 days after the applicant receives the
				  notification of the award. An applicant who does not apply for a veterans'
				  discount on or before the due date waives any right to a discount for that
				  sale. The down payment will be conditionally reduced on the basis of the
				  discount that the applicant claims. Within 30 days after filing the discount
				  application, unless the commissioner grants an extension of time for good
				  cause, the applicant shall present the proof required by
				  11 AAC 67.895(a) and (b).
(2) For a sale other than at lottery or at
				  auction, the application must be filed, and adjudication under
				  11 AAC 67.895 must be completed,
				  before the sale contract is entered into; an applicant who does not apply for a
				  veterans' land discount before the sale contract is entered into waives any
				  right to a discount for that sale. Along with the application, the applicant
				  shall present the proof required by
				  11 AAC 67.895(a) and (b).
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 10A - Veterans' Land Discounts › 11 AAC 67.895 - Procedure

Current through May 31, 2024
(a) The applicant must present proof of the
				  period of residency required by
				  AS
				  38.05.940(b), using any
				  proof satisfactory to the commissioner under
				  11 AAC 67.010, to support the
				  veterans' land discount application. If, in demonstrating eligibility to
				  participate in the land disposal, the discount applicant has already proved
				  state residency for at least one year immediately preceding the date of sale,
				  the applicant need not present any additional documentation of residency.
				  However, an applicant who was on active duty service during any portion of the
				  claimed period of residency must present proof that the applicant's home of
				  record was Alaska during that period by filing a Department of Defense form DD
				  2058, State of Legal Residence Certificate, authenticated as an extract of the
				  applicant's military personnel file, or equivalent documentation acceptable to
				  the commissioner.
(b) The applicant
				  must present proof of
				  AS
				  38.05.940(b)'s requirement
				  of at least 90 days' active duty served in the U.S. armed forces, or proof that
				  tenure was shortened due to the circumstances allowed by
				  AS
				  38.05.940(b)(3), and must
				  submit proof that the applicant received an honorable discharge or a general
				  discharge under honorable conditions, as required by
				  AS
				  38.05.940(b), by filing a
				  Department of Defense form DD 214, Report of Separation from Active Duty, or
				  equivalent documentation satisfactory to the commissioner showing the length of
				  service, duty status, the character of the discharge, and the home of
				  record.
(c) If the commissioner
				  determines that an applicant is ineligible for a discount, the department will
				  send the applicant written notice of the determination within 30 days after
				  receiving the required information. The applicant may, within 30 days after
				  receipt of the determination, ask the commissioner for a reconsideration of the
				  determination.
(d) If an applicant
				  paid a down payment based on a veterans' land discount for which the applicant
				  is later determined ineligible, the additional amount due on the down payment
				  must be paid before the contract is executed.
Authority:
AS
						38.05.020
AS
						38.05.940
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 10A - Veterans' Land Discounts › 11 AAC 67.897 - Binding determination

Current through May 31, 2024
The only determination binding on the state is its
					 determination after receiving the information required under
					 11 AAC 67.895(a) and (b) or, if the applicant requests
					 reconsideration, the commissioner's final determination under
					 11 AAC 67.895(c).
Authority:
AS
						38.05.020
AS
						38.05.940
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 11 - Land Discounts › 11 AAC 67.900 - Applicability

Current through May 31, 2024
(a) Land discounts are applicable only to the
				  purchase of state land sold for noncommercial, nonindustrial use. As part of
				  the notice of sale required by
				  AS
				  38.05.945(b), the director
				  will indicate if land discounts may be used for that sale.
(b) Discounts apply to the land purchase
				  price only, and not to any interest due on the unpaid balance, or to any costs
				  determined by the director to be reimbursable to the state.
(c) Interest on the unpaid balance of the
				  purchase price is computed on the discounted price only.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.05.058
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 11 - Land Discounts › 11 AAC 67.902 - Discount computation

Current through May 31, 2024
A land discount is based on total years of residence only,
					 in increments of five percent per full year. However, periods of residency of
					 other than 12 months may be added to compute total years of
					 residence.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.05.058
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 11 - Land Discounts › 11 AAC 67.905 - Discount application

Current through May 31, 2024
(a) An application for a land discount must
				  be submitted to the director on a form supplied by the division. All
				  information on the form, or otherwise required by the division, must be sworn
				  to by the person supplying the information.
(b) The final date to apply for a land
				  discount is as follows:
(1) For a sale at
				  auction, the application must be filed no later than the date the apparent high
				  bidder is determined. If the purchaser does not apply for a land discount on or
				  before that date, he waives any right to a discount for that sale. The down
				  payment will be conditionally reduced on the basis of the discount the
				  applicant claims. Within 20 days after filing the discount application, unless
				  the director grants an extension of time for good cause, the applicant shall
				  present the proof required by
				  11 AAC 67.907(a).
(2) For any other type of sale, the
				  application must be filed and adjudication under
				  11 AAC 67.907 must be completed
				  before the sale contract is entered into. If the purchaser does not apply for a
				  land discount before the sale contract is entered into, he waives any right to
				  a discount for that sale. Along with the application, the applicant shall
				  present the proof required by
				  11 AAC 67.907(a).
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 11 - Land Discounts › 11 AAC 67.907 - Procedure

Current through May 31, 2024
(a) The applicant shall present proof of
				  residency, length of residency, and intent to make Alaska his continuous
				  residence, using any proof satisfactory to the director under
				  11 AAC 67.010, to support his land
				  discount application.
(1) If, in demonstrating
				  his eligibility to participate in the land disposal, the discount applicant has
				  already proved continuous residency for the whole period for which he is
				  claiming a discount, he need not present any additional documentation except
				  for the affidavit that may be required under (2) of this subsection.
(2) To show whether the applicant has been
				  physically present in the state for the 12 months immediately preceding the
				  application, an applicant who was absent during that time for any single period
				  of more than 30 days shall give, by affidavit, the dates of and the reason for
				  each such absence. The applicant shall justify that the absence was in no way
				  contrary to his intent to maintain residency in Alaska. The applicant bears the
				  burden of proof.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 11 - Land Discounts › 11 AAC 67.910 - Binding determination

Current through May 31, 2024
The only determination binding on the state is the final
					 determination on an application as accepted by the applicant or, if appealed,
					 as determined by the commissioner.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.05.058
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 11 - Land Discounts › 11 AAC 67.915 - Single use of discount

Current through May 31, 2024
Any use of an applicant's discount makes him ineligible for
					 a discount on any later purchase of state land, even if the full amount of
					 discount the person is eligible for was not used.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.05.058
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 11A - Disposal by Quitclaim to Federal Government › 11 AAC 67.930 - Purpose and procedure

Current through May 31, 2024
(a) State land or an interest in state land
				  will, in the director's discretion, be disposed of by quitclaim deed to the
				  United States under
				  AS
				  38.05.035(b)(9) if
(1) the director determines that the original
				  conveyance of the land from the United States to the state was wrongful or
				  erroneous because
(A) the land was subject to
				  a valid private claim of legal or equitable title; or
(B) the land conveyed was not selected by the
				  state or was not available for state selection; or
(C) the state's title to the land is
				  otherwise defective;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 12 - Definitions › 11 AAC 67.990 - Definitions

Current through May 31, 2024
In this chapter
(1) "continuous residency" means residency
				  within Alaska that is unbroken by any absence of more than 30 days, excepting
				  absence for
(A) military service or school
				  attendance by the applicant or the applicant's spouse, or medical treatment for
				  the applicant or the applicant's spouse, if the applicant resided in Alaska one
				  year before the absence and immediately returned to Alaska following the
				  military service, school attendance, or medical treatment, and if the military
				  discharge papers, school records, or medical records, as appropriate, show an
				  Alaskan home address; or
(B) any
				  other reason for a period of up to one year, during which the applicant held
				  real property in Alaska, paid all applicable Alaska state and local taxes, and
				  maintained his Alaska residency for voting purposes;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 69 - Escheated Real Property › 11 AAC 69.010 - Management of escheated real property by department

Current through May 31, 2024
(a) This section
				constitutes the commissioner's finding under
				AS
				38.05.185(a) that escheated
				real property is closed to mining and mineral location because those activities
				are incompatible with recovery by a claimant, and recovery by a claimant is a
				significant surface use. The closure under this subsection remains in effect
				until the effective date of a best interest finding under
				AS
				38.95.230(a), or two years
				after the date of judgment of escheat, whichever is earlier.
(b) If a best interest finding under
				AS
				38.95.230(a)(1) commits
				escheated real property to a surface use incompatible with mining and mineral
				location, the commissioner will issue a mineral closing order under
				AS
				38.05.185(a) along with the
				finding. The mineral closing order remains in effect until seven years after
				the date of the judgment of escheat, or until the date the property is sold,
				whichever is earlier.
(c) If a best
				interest finding under
				AS
				38.95.230(a)(2) requires the
				state to retain escheated real property that does not have an established value
				for redemption under
				AS
				38.95.240(c), the best
				interest finding will include a determination that no sale, lease, exchange,
				assignment, or mining location, nor any other disposal or development, may
				occur with respect to the escheated real property for the seven-year period
				during which claims are allowed under
				AS
				38.95.240. The commissioner will issue a
				mineral closing order under
				AS
				38.05.185(a) that states
				that mineral activity is incompatible with recovery by a claimant. The mineral
				closing order remains in effect until seven years after the date of the
				judgment of escheat.
Authority:
AS
					 38.05.020
AS 38.05.185
AS 38.95.230
AS 38.95.240
AS
					 44.17.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 69 - Escheated Real Property › 11 AAC 69.020 - Appraisals

Current through May 31, 2024
(a) If the department retains escheated real
				property and, after the seven-year redemption period, disposes of the property
				for less than fair market value, the department will first appraise the
				property in order to establish its fair market value so that it may later
				satisfy a successful claimant under AS 39.95.240(d) who was a minor or an
				incapacitated person during the redemption period.
(b) An appraisal of escheated real property
				under AS
				38.95.230(a)(1) will occur
				within two years after the judgment of escheat under
				AS
				38.95.220.
Authority:
AS
					 38.05.020
AS 38.95.230
AS
					 44.17.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 69 - Escheated Real Property › 11 AAC 69.030 - Expenses of sale or appraisal

Current through May 31, 2024
The department will document all "expenses of sale or
				  appraisal" under
				  AS
				  38.95.230(b). "Expenses of
				  sale or appraisal" include
(1)
				publication and other advertising costs;
(2) attorney fees;
(3) appraisal costs;
(4) platting costs;
(5) survey costs; and
(6) rental costs for sale
				facilities.
Authority:
AS
					 38.05.020
AS 38.95.230
AS 38.95.240
AS
					 44.17.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 69 - Escheated Real Property › 11 AAC 69.040 - Procedure for making claims to escheated real property

Current through May 31, 2024
A claimant to escheated real property under
				  AS
				  38.95.240(e) may apply for
				  redemption of the property if the application is submitted to the department no
				  later than seven years after the date of the judgment of escheat. An
				  application must
(1) be on a form
				provided by the department, be signed under oath by the claimant, and be
				complete;
(2) include a receipt or
				other proof of payment of the application fee required under 11 AAC 05.160; and
(3) include proof of the claim, as
				required by
				11 AAC 69.050.
Authority:
AS
					 38.05.020
AS 38.95.230
AS 38.95.240
AS
					 44.17.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 69 - Escheated Real Property › 11 AAC 69.050 - Proof of claim to escheated real property

Current through May 31, 2024
A claimant to escheated real property under
				  AS
				  38.95.240(e) must
				  substantiate the claim, to the satisfaction of the commissioner, by providing
				  authenticated copies of deeds and other title instruments that demonstrate an
				  unbroken chain of title resulting in the claimed ownership, and authenticated
				  copies of other appropriate documents, which might include
(1) a final judgment of a state or federal
				court that
(A) conclusively determines the
				heirs to the subject property and their respective shares, or
(B) resolves gaps in the claimant's proposed
				chain of title, or
(C) awards
				rights to claim the real property in respective shares to a corporation, its
				directors, officers, or shareholders, or court designees; and
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.005 - Applicability

Current through May 31, 2024
This chapter applies to sales of timber or material by the
					 State of Alaska.
Authority:
AS
						38.05.020
AS
						38.05.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.010 - Timber and material sale offering

Current through May 31, 2024
(a) The director
				  will determine the location and approximate volumes of timber and of material
				  to be made available for sale under this chapter.
(b) The director will include each proposed
				  timber sale on the five year sale schedule in accordance with
				  AS
				  38.05.113, unless that sale is exempt under
				  (c) or (d) of this section.
(c) A
				  timber sale negotiated under
				  AS
				  38.05.115 is a small sale exempt from
				  AS
				  38.05.113.
(d) An emergency sale is exempt from
				  AS
				  38.05.113. An emergency sale is a sale of
				  timber that the director finds must be made on a expedited basis to
(1) avoid loss of the market value of timber
				  that has been damaged by fire, insect infestation, or an act of
				  nature;
(2) avoid loss of the
				  market value of timber that is threatened by insect infestation;
(3) create fire breaks;
(4) reduce fuel-loading of the forest;
				  or
(5) reduce the spread of insect
				  infestation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.015 - Timber or material requested by other state agencies

Current through May 31, 2024
The division will, in its discretion, transfer timber or
					 material to another state agency by an interagency land management assignment
					 or negotiated sale pursuant to
					 AS
					 38.05.810. However, the other state agency
					 may not convey the timber or material to a third party. The division will not
					 offer a timber or material sale within the area which is subject to the
					 inter-agency land management assignment without the concurrence of the other
					 state agency.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.020 - Notice of sale

Current through May 31, 2024
(a) The division will give public notice of a
				  competitive sale of timber or material in accordance with
				  AS
				  38.05.945. Public notice given under this
				  subsection will state
(1) the minimum
				  acceptable bid, if applicable;
(2)
				  the method of bidding;
(3) the time
				  and place of sale;
(4) the amount
				  of deposit required;
(5) whether
				  additional information is available at division offices;
(6) the duration of the contract;
(7) that the state reserves the right to
				  reject any or all bids and that, unless all bids are rejected, the sale will be
				  awarded to the responsible qualified bidder offering the highest total bid
				  value for timber and the highest unit price for material; and
(8) the amount of any bond
				  required.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.025 - Applicable laws and regulations

Current through May 31, 2024
A purchaser or licensee under this chapter and the
					 purchaser's or licensee's employees, subcontractors, and assigns shall comply
					 with the federal, state, and local laws and regulations which apply to the
					 protection and use of the land on which the timber or material is located.
					 Compliance with the provisions of this chapter is a condition of a sale or
					 license under this chapter. Failure to comply with the provisions of this
					 chapter is cause for suspension or cancellation of the sale or
					 license.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.030 - Qualifications of applicant or bidder

Current through May 31, 2024
(a) A person is
				  qualified to apply or bid for a timber or material sale if he is
(1) at least 18 years of age, if an
				  individual;
(2) legally competent
				  to enter into and carry out the provisions of a sale contract; and
(3) licensed to do business in the state, if
				  the sale is for commercial intention.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.035 - Application for negotiated sales

Current through May 31, 2024
(a) A person
				  seeking to negotiate the purchase of more than 10 M.B.M. of timber or more than
				  200 cubic yards of material must file an application at the regional office of
				  the division nearest the desired purchase site on a form provided by the
				  department. The applicant must file a separate application for each sale. The
				  application fee, if any, prescribed by 11 AAC 05.080 or 11 AAC 05.130 must
				  accompany the application. The application must contain the contract numbers of
				  each timber or material contract the applicant has entered into with the state
				  during the previous 12 months. The applicant need not list the applicant's log
				  salvage licenses. For negotiated sales, the division will consider the
				  subsidiaries, divisions, branches, partnerships, or joint ventures of the
				  applicant to be the same applicant.
(b) A person who seeks to salvage unbranded
				  or abandoned timber must apply for a log salvage license in accordance with
				  11 AAC 71.405.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.110
AS 38.05.115
AS 38.05.120
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.040 - No rights before sale

Current through May 31, 2024
Filing an application for the purchase of timber or
					 material does not vest a right in the applicant to enter upon the land or to
					 sever or remove the timber or material. If a person, while unauthorized to do
					 so, enters upon state land and commences cutting, extraction, or salvage
					 operations, the division will, in its discretion, refer the person to the
					 Department of Law for appropriate civil or criminal action.
Authority:
AS
						38.05.020
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.045 - Negotiated sales

Current through May 31, 2024
(a) A purchaser may enter into more than one
				  negotiated timber or material sale contract with the division, so long as the
				  total amount purchased within any 12-month period does not exceed the
				  negotiated timber or material sale limits set by
				  AS
				  38.05.115. The negotiated timber sale limit
				  set by
				  AS
				  38.05.115 does not apply to timber acquired
				  under a log salvage license under
				  11 AAC 71.400 - 11 AAC
				  71.435.
(b) Notwithstanding the
				  provisions of (a) of this section, the division will not enter into a
				  negotiated sale contract with a person to whom the division has previously sold
				  timber or material if the director determines that the contract will unfairly
				  exclude from participation in the sale of timber or material other interested
				  persons to whom the division has not previously sold timber or
				  material.
(c) The minimum price for
				  a negotiated timber sale is the base price established by the director under
				  11 AAC 71.092.
(d) The director will establish a minimum
				  deposit for a negotiated sale of more than 10 M.B.M. of timber or 200 cubic
				  yards of material, which the purchaser must make at the time the sale contract
				  is entered into. For a timber sale contract, the director will require a
				  deposit of at least five percent of the negotiated price and may require as
				  much as 100 percent. For a negotiated material sale contract, the director will
				  require a deposit of at least ten percent of the negotiated price or $250,
				  whichever is more. The department will retain the deposit to cover
				  administrative costs incurred in offering the negotiated material sale, except
				  that if the purchaser removes and pays for at least 75 percent of the material
				  volume covered by the contract, the deposit may be applied, in whole or in
				  part, to the final payment that becomes due under the contract. A purchaser may
				  make a deposit under this section in cash or by certified check, cashier's
				  check, or money order.
(e) A
				  negotiated timber sale under
				  AS
				  38.05.115, is for a period of time that may
				  not exceed two years. The division will not grant an extension of time under
				  this subsection.
Authority:
AS
						38.05.020
AS
						38.05.115
AS
						38.05.120
AS
						38.05.850
AS
						38.05.860
AS
						38.35.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.050 - Negotiated personal-use timber sales; limited material permits

Current through May 31, 2024
(a) The
				  division may negotiate with a person for the sale of timber for the person's
				  personal use, or issue a revocable, nonexclusive permit for the removal of up
				  to 200 cubic yards of material for personal or commercial use. Timber acquired
				  by a purchaser in a sale under this section may not be sold, bartered, or used
				  for commercial purposes.
(b) The
				  division will, in its discretion, require a person applying for a negotiated
				  personal-use sale of timber to be used other than for fuel wood to show proof
				  of having land on which to use the timber and to show proof that timber
				  acquired by the person in previous personal-use sales was actually used in
				  accordance with the terms of that sale.
(c) The purchaser must make payment in full
				  of the total sale price in order for a contract to be executed for a
				  personal-use timber sale or to receive a limited material permit under this
				  section. A formal application or application fee is not required for a limited
				  material permit.
(d) A negotiated
				  personal-use timber sale is for a negotiated period of time that may not exceed
				  one year. The division will not grant an extension of time under this
				  subsection.
Authority:
AS
						38.05.020
AS 38.05.115
AS 38.05.120
AS
						38.05.850
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.055 - Negotiated sales under AS 38.05.118

Current through May 31, 2024
(a) Upon a finding
				  that the sale under
				  AS
				  38.05.118 is in the best interest of the
				  state, the division may negotiate a sale of timber to a local manufacturer of
				  wood products or a user of wood fiber at appraised value.
(b) In determining whether a negotiated sale
				  under this section is in the best interests of the state, the commissioner will
				  consider
(1) the local manufacturer's
(A) financial backing and capability;
(B) experience in the proposed
				  undertaking; and
(C) ability to
				  meet bonding or insurance requirements; and
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.060 - Competitive sales

Current through May 31, 2024
The division will conduct public oral outcry auctions for
					 the competitive sale of timber or materials in accordance with the procedures
					 established for land auctions by
					 11 AAC 67.045. If the division
					 sells timber or materials by sealed bid, the sealed bids must be on bid forms
					 furnished by the division, signed, and submitted as specified in the notice of
					 sale. In the event of a tie in high sealed bids, the division will determine
					 the successful bidder by lot. The division will reject a bid containing or
					 submitted with a condition or qualification on or a material alteration of the
					 terms as specified in the notice of sale, or which is otherwise not in
					 accordance with law.
Authority:
AS
						38.05.020
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.065 - Competitive sale bid deposits

Current through May 31, 2024
(a) A bidder at an
				  oral outcry auction conducted under
				  11 AAC 71.060 must deposit with
				  the selling agent, before being eligible to bid, at least 10 percent of the
				  appraised value of the timber or materials on which he intends to bid if the
				  appraised value is $100,000 or less, and at least five percent or $10,000,
				  whichever is more, if the appraised value is between $100,000 and $500,000. If
				  the appraised value is $500,000 or more, the director will state the minimum
				  deposit in the notice of sale.
(b)
				  If the sale under
				  11 AAC 71.060 is by sealed bid,
				  the bidder must deposit an amount determined in accordance with (a) of this
				  section, based on the amount of the sealed bid.
(c) A bidder may make a deposit under this
				  section in cash or by certified check, cashier's check, or money
				  order.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS 38.05.120
AS
						38.05.860
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.070 - Pre-sale deposits for negotiated timber sales

Current through May 31, 2024
(a) In addition to
				  the deposit required under
				  11 AAC 71.045, if any, the
				  director will, in his discretion, require an applicant for a negotiated timber
				  sale under
				  11 AAC 71.035 to deposit an amount
				  equal to the estimated cost of the appraisal, survey, and advertising required
				  under this chapter.
(b) If the
				  division awards the sale to the applicant, the division will credit the money
				  deposited under this section to the amount owed the state for stumpage under
				  the terms of the sale.
(c) If the
				  division does not award the sale to the applicant, the division will refund the
				  money deposited under this section which has not been spent to the
				  applicant.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS 38.05.120
AS
						38.05.860
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.075 - Award of sale

Current through May 31, 2024
(a) Within 30 days after receipt by certified
				  mail of a contract under this chapter, the purchaser of timber or material must
				  sign and return the contract, together with any required bond. However, the
				  director may, in his discretion, extend the period an additional 30 days. If
				  the purchaser fails to complete the contract as required in this section his
				  deposit under
				  11 AAC 71.070 will be
				  forfeited.
(b) For competitive
				  sales, if the successful bidder fails to comply with the requirements of (a) of
				  this section the director may offer the sale within 45 days to the next high
				  bidder at the price which he bid and under the same terms and conditions. If
				  the next high bidder accepts the offer of sale at the price he bid, he must
				  sign and return the contract, together with a required bond, within 30 days of
				  receipt of the contract by certified mail.
Authority:
AS
						38.05.020
AS 38.05.110
AS 38.05.115
AS
						38.05.120
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.080 - Passage of title

Current through May 31, 2024
Except for timber under a valid log-salvage sale license,
					 all right, title, and interest in or to timber or material included in a
					 contract remains with the state until the timber or material has been cut or
					 severed, determined as to volume, removed from the site, and paid for in
					 compliance with contract provisions and applicable laws and regulations. Timber
					 or material which is not removed from the sale or license area by the purchaser
					 or licensee within the period specified by the contract or license or by an
					 extension to the contract or license remains the property of the
					 state.
Authority:
AS
						38.05.020
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.085 - Volume determinations

Current through May 31, 2024
(a) The division will estimate timber volumes
				  used in appraisals and as a basis for the volume of timber included in a timber
				  sale offering by a timber cruise method prescribed by the director.
(b) Timber volumes reported in cutting
				  reports by the purchaser as a basis for payment must be determined by scaling,
				  unless otherwise specified in the contract.
(c) Material volumes shall be determined in
				  the manner required by the contract.
Authority:
AS
						38.05.020
AS 38.05.110
AS
						38.05.115
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 71 - Timber and Material Sales › Article 1 - Timber and Material Sale Procedures › 11 AAC 71.090 - Pricing for sale of materials

Current through May 31, 2024
(a) The
				  commissioner will price material for sale under AS 38.05 and this chapter in
				  accordance with this section.
(b)
				  The commissioner will periodically establish base prices for material that
				  represent the administrative cost to the state of conducting the sale. The base
				  prices may vary by area to account for local conditions on administrative cost.
				  The department will use the base prices for material sales at less than their
				  appraised value to a government agency under
				  AS
				  38.05.810(a).
(c) The commissioner will periodically
				  establish representative sales prices for material that are an estimate of the
				  material's fair market value. Representative sales prices may vary by area to
				  account for local conditions, but may not be less than the base prices
				  established under (b) of this section. The commissioner will, in the
				  commissioner's discretion, sell up to 25,000 cubic yards of materials for the
				  representative sales price without an appraisal.
(d) Except as provided in (b) and (c) of this
				  section, material will be sold for its appraised fair market value. Appraisal
				  methods will be those customarily used by the appraisal profession.
(e) The appraised fair market value for
				  material sold under (d) of this section will consider operating costs unique to
				  the material source. The sales price for material sold under (c) of this
				  section will, in the discretion of the commissioner, allow for adjustments for
				  operating costs unique to the material source, including
(1) testing for and removal of contamination
				  caused by another party's previous use of the material; or
(2) road construction that will benefit the
				  state after the sale is concluded.