reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.030 - Population determination

Current through May 31, 2024
(a) For purposes of
				community assistance per capita payments to municipalities, reserves, and
				communities under
				AS
				29.60.860, the director shall annually
				determine the permanent resident population of the previous calendar year for
				each municipality, reserve, and community in the state. No later than January
				15 of each calendar year, the director shall mail to each municipality,
				reserve, and community the determination of the municipality's previous
				calendar year population.
(b) The
				determination under (a) of this section must be based upon the following census
				or estimate that indicates the most recent population of the municipality,
				reserve, or community:
(1) a census of the
				United States Bureau of the Census;
(2) a head count census conducted in
				accordance with
				3 AAC 180.040(c) by the municipality or
				reserve, or by the village council or incorporated nonprofit entity for a
				community;
(3) a housing unit
				method population estimate conducted in accordance with
				3 AAC 180.040(d) by the municipality or
				reserve, or by the village council or incorporated nonprofit entity for a
				community;
(4) an estimate by the
				Department of Labor and Workforce Development.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.040 - Request for adjustment of population determination

Current through May 31, 2024
(a) A municipality
				or reserve, or the village council or incorporated nonprofit entity for a
				community, may request an adjustment of the population determination under
				3 AAC 180.030 for the municipality, reserve, or
				community by submitting a written request to the director, postmarked no later
				than April 1 of the calendar year. If a municipality or reserve, or the village
				council or incorporated nonprofit entity for a community, requests an
				adjustment under this section, the municipality, reserve, village council, or
				incorporated nonprofit entity shall substantiate the requested adjustment with
(1) a head count census conducted by the
				municipality, reserve, village council, or incorporated nonprofit entity in
				accordance with (c) of this section; or
(2) a housing unit method population estimate
				conducted by the municipality, reserve, village council, or incorporated
				nonprofit entity in accordance with (d) of this section.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.050 - Appeal of population determination to the commissioner

Current through May 31, 2024
(a) A municipality,
				reserve, village council, or incorporated nonprofit entity may appeal to the
				commissioner a decision of the director made under
				3 AAC 180.040. The appeal must be in writing and must be
				postmarked within 10 days after the municipality, reserve, village council, or
				incorporated nonprofit entity received the written decision of the director.
				The appeal must include relevant evidence in support of the claim.
(b) No later than 10 days after receipt of
				the appeal, the commissioner will render a decision on the appeal. Immediately
				following the commissioner's decision, written notification, containing a
				statement of the decision and the reasons for it, will be sent to the
				municipality, reserve, village council, or incorporated nonprofit
				entity.
(c) The commissioner's
				decision of an appeal is final.
(d)
				After deciding all appeals made under this section, the commissioner will
				certify a final population report on or before June 1 of that calendar
				year.
Authority:
AS
					 29.60.860
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.080 - Determination of most qualified entity

Current through May 31, 2024
If there is more than one qualified entity within a community
				  in the unorganized borough that will agree to receive and spend the community
				  assistance payment under
				  AS
				  29.60.865, the department shall determine
				  which entity is to receive the payment. In making this determination, the
				  department shall consider factors relevant to achieving the public purpose of
				  the payment, including
(1) the
				administrative capability of each village council or incorporated nonprofit
				entity, including past performance on any previous grant awards, bulk fuel
				loans under
				AS
				42.45.250 -
				42.45.299, or any other financial
				aid provided by the state or federal government;
(2) for each incorporated nonprofit entity,
				whether the entity has articles of incorporation and a certificate of
				incorporation in good standing under AS 10.20;
(3) the ability of each village council or
				incorporated nonprofit entity to manage its debt and other finances, including
				whether amounts due to the United States Internal Revenue Service are timely
				paid;
(4) the degree to which each
				village council or incorporated nonprofit entity is representative of the
				community; and
(5) the purpose for
				which each village council or incorporated nonprofit entity intends to spend
				the community assistance payment.
Authority:
AS
					 29.60.865
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.090 - Incorporation or dissolution of a municipality

Current through May 31, 2024
(a) A municipality
				that incorporates on or before June 30 of a state fiscal year is eligible to
				receive a community assistance payment under
				AS
				29.60.855 and
				29.60.860 the following state
				fiscal year.
(b) A qualified
				entity under
				AS
				29.60.865(a) located within
				a city in the unorganized borough may receive a community assistance payment
				under AS
				29.60.855 and
				29.60.860 if
(1) the city has not qualified for a
				community assistance payment under
				AS
				29.60.855 and
				29.60.860 for two consecutive
				state fiscal years; and
(2) a
				petition has been submitted under
				AS
				29.06.460 to the Local Boundary Commission to
				initiate dissolution of the city.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.100 - Waiver for good cause

Current through May 31, 2024
The department may waive a deadline in this chapter if the
				  department determines there was good cause for missing the deadline and that a
				  waiver will not unreasonably disrupt the process of administering the program
				  under this chapter.
Authority:
AS
					 29.60.855
AS
					 29.60.860
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.110 - Determination of social unit

Current through May 31, 2024
(a) A community
				under AS
				29.60.879 is a social unit if
(1) the persons residing in that area are a
				discrete and identifiable unit based on evidence of
(A) school enrollment;
(B) sources of employment;
(C) voter registration;
(D) permanency of dwelling units;
				or
(E) presence of a commercial
				establishment; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.120 - Preliminary and final payments

Current through May 31, 2024
(a) Upon a finding
				by the department that it is in the state's best interest, the department may
				make preliminary community assistance payments to eligible municipalities,
				communities, and reserves. The amount of the preliminary payment equals the
				sum of the basic payment calculated under
				AS
				29.60.855.
(b) Immediately after identifying and
				verifying all information necessary to calculate final community assistance
				payments, the department will calculate and distribute final payments to all
				eligible municipalities, communities, and reserves. The amount of the final
				payment for each eligible municipality, community, and reserve equals the
				difference between the amount of the total payments calculated under AS 29.60
				.855 and 29.60.860 and the amount
				distributed under (a) of this section.
Authority:
AS
					 29.60.855
AS
					 29.60.860
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.130 - Waiver of sovereign immunity

Current through May 31, 2024
The department will not make a community assistance payment
				  under AS
				  29.60.855 and
				  29.60.860 to a village council or
				  reserve unless the department receives, on a form approved by the Department of
				  Law, a waiver of sovereign immunity from suit adopted by the governing body for
				  claims related to the payment.
Authority:
AS
					 29.60.855
AS
					 29.60.860
AS
					 29.60.865
AS
					 44.33.020
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.140 - Overpayment, adjustment, and assignment.

Current through May 31, 2024
(a) If the amount
				that an entity receives under this chapter exceeds the amount that the entity
				is entitled to receive under
				AS
				29.60.855 and
				29.60.860, the department will
				either request the entity to return the excess to the state or will reduce the
				entity's payment for the next distribution by the difference between the amount
				received and the amount that the entity was entitled to receive.
(b) If the department determines that it is
				in the best interests of the state and the entity involved, the department may
				extend the adjustment period over three years.
(c) The commissioner may waive the return of
				the overpayment if
(1) the entity reasonably
				and in good faith relied upon the department's determination of the entity's
				payment; and
(2) the reason for the
				overpayment was all or in substantial part departmental error.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 180 - Community Assistance Program › 3 AAC 180.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
				  otherwise,
(1) "commissioner" means
				the commissioner of commerce, community, and economic development;
(2) "community" has the meaning given in
				AS
				29.60.879;
(3) "department" means the Department of
				Commerce, Community, and Economic Development;
(4) "director" means the director of the
				departmental division responsible for community and regional affairs;
(5) "division" means the
				departmental division responsible for community and regional affairs;
(6) "entity'' means a
				municipality, reserve, community, village council, or incorporated nonprofit
				entity;
(7) "governing body" means
(A) the assembly or council for a
				municipality;
(B) the council for a
				reserve defined in
				AS
				29.60.879;
(C) the council for a Native village council;
				or
(D) the board of directors for
				an incorporated nonprofit entity;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 188 - Alaska Film Production Incentive Program › 3 AAC 188.010 - Applicability

Current through May 31, 2024
This chapter applies to applications for
(1) a notice of qualification under
				AS
				44.33.234 for a film production tax credit;
				and
(2) the award of, and the
				calculation of an amount for, a film production tax credit by the film office
				under AS
				44.33.235, for purposes of issuance of a
				transferable tax credit certificate by the Department of Revenue under
				AS
				43.98.030.
Authority:
AS
					 44.33.231
AS 44.33.232
AS 44.33.234
AS 44.33.235
AS
					 44.33.238
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 188 - Alaska Film Production Incentive Program › 3 AAC 188.020 - Eligibility

Current through May 31, 2024
(a) To satisfy the minimum qualified
				expenditure requirement of
				AS
				44.33.233(a)(1) for a film
				production tax credit, a producer must incur at least $100,000 in qualified
				expenditures during production of a single film, video, television program, or
				commercial. Multiple episodes of a television series that will air during one
				television season and multiple music videos marketed together as one product
				may be aggregated to qualify as a single television program or video.
(b) When calculating the 24-month
				qualification period of
				AS
				44.33.233(a)(1), the period
				begins on the date on which the film office issues the notice of qualification
				to the producer or on the date agreed upon by the film office and the
				producer.
(c) The exclusion under
				AS
				44.33.233(c)(1) of news,
				weather, or current events programming from eligibility
(1) applies to an ongoing television program
				created primarily to present news, weather, or current events; and
(2) does not apply if a film, video, or
				television program is a documentary.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 188 - Alaska Film Production Incentive Program › 3 AAC 188.030 - Qualification application process

Current through May 31, 2024
(a) The following
				restrictions apply to film producers applying for qualification under
				AS
				44.33.234:
(1) only one producer per production is
				eligible for qualification;
(2)
				only one project is permissible for each application except for
(A) a television series in which one season
				counts as one project if it is completed within a 24-month period; or
(B) multiple music videos that are marketed
				together as one product.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 188 - Alaska Film Production Incentive Program › 3 AAC 188.040 - Qualified expenditures

Current through May 31, 2024
(a) For purposes of
				AS
				44.33.236(a),
(1) an expenditure for real property,
				tangible personal property, or services is ordinary and reasonable if it is
(A) necessary and non-extravagant;
				and
(B) common and accepted in the
				producer's trade or business; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 188 - Alaska Film Production Incentive Program › 3 AAC 188.050 - Award of tax credits

Current through May 31, 2024
(a) Within 60 days after the end of the
				24-month period set out in
				AS
				44.33.233(a)(1), as that
				period is determined under
				3 AAC 188.020(b), the producer must
				submit an application to the film office, on a form or in a format provided by
				the film office, for the award of a film production tax credit under
				AS
				44.33.235.
(b) Before the film office makes a
				determination under
				AS
				44.33.235 with respect to the award of a film
				production tax credit, the producer must submit a rough assembly of the film to
				the film office for review. The film office will refuse to award the producer a
				tax credit if the rough assembly of the film does not bear a reasonable
				resemblance to what was proposed in the documents that the producer provided
				under AS
				44.33.234, and if the film production is
				contrary to the best interests of the state under
				AS
				44.33.233. In this subsection, "rough
				assembly of the film" means a sequencing of scenes that will eventually be
				refined into the final cut of the film.
(c) The verification of qualified
				expenditures required under
				AS
				44.33.235(d) must be
				prepared by a certified public accountant who
(1) holds a current license issued under AS
				08.04 by the Board of Public Accountancy;
(2) holds a current business license issued
				under AS 43.70; and
(3) is an
				independent third party, not related to the producer or involved in any way
				with the production.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 188 - Alaska Film Production Incentive Program › 3 AAC 188.060 - Alaska film production internship training program

Current through May 31, 2024
(a) The film office
				may maintain a list of certified Alaska film production internship training
				programs and provide the list to producers applying for a film production tax
				credit.
(b) Organizations eligible
				to be included on the list are entities that are based in the state and that
				facilitate learning and career opportunities for residents of the state. These
				entities may include
(1) a postsecondary
				educational institution that is accredited by the Northwest Commission on
				Colleges and Universities, and that offers a program of instruction, training,
				or study in film, television, or video production at a campus in the state;
				and
(2) an Alaska business that
				offers a formal internship training program in film, television, or video
				production and has worked in one of those fields in each of the five previous
				years.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 16 - Division of Community and Regional Affairs › Chapter 188 - Alaska Film Production Incentive Program › 3 AAC 188.990 - Definitions

Current through May 31, 2024
(a) In
				AS
				44.33.236,
(1) "Alaska musician" means a resident of the
				state who is a musician;
(2) "fees"
				means amounts charged by the United States, the state, or a municipality for
				use or access;
(3) "leasing of
				vehicles" means rentals and leases of vehicles registered in the
				state.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.010 - Municipal trust land

Current through May 31, 2024
All land conveyed to and accepted by the State of Alaska in
					 trust for future cities under sec. 14(c)(3) of the Alaska Native Claims
					 Settlement Act (ANCSA),
					 AS
					 44.33.755, and this chapter is to be known
					 for so long as it is held by the state in trust as "municipal trust land."
					 Title to municipal trust land will be held in the name of the State of Alaska
					 in trust for any municipal corporation established in and for the village with
					 reference to which the land was conveyed to the state. Municipal trust land
					 will be managed under this chapter and is not considered part of the state
					 public domain. Laws applicable to the management and disposal of state public
					 domain land or to land held by incorporated municipalities do not apply to
					 municipal trust land.
Authority:
ANCSA, sec. 14(c)(3)
AS 44.17.030
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.020 - Standards to be applied by commissioner in determining whether to accept tender

Current through May 31, 2024
In determining whether to accept or reject a tender of land
					 under this chapter, the commissioner will, after consulting with the recognized
					 village entity or with the village residents, as provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, and with the borough if the land is
					 located in an organized borough, evaluate the land included in the tender to
					 determine whether its acceptance would be in the best interests of any future
					 city that might be incorporated in respect to the Native village. In making a
					 decision, the commissioner will consider, as a minimum, the following standards
					 and considerations:
(1) whether all
				  tenders of the village corporation collectively include all improved land on
				  which the Native village is located which is subject to reconveyance under sec.
				  14(c)(3) of ANCSA;
(2) whether all
				  tenders of the village corporation collectively include all land conveyed or to
				  be conveyed to the village corporation under ANCSA which is clearly essential
				  to meet all present or foreseeable public community needs of any first or
				  second class city which might be established in the Native village, including
				  (without limitation) community expansion and appropriate rights-of-way for
				  public use;
(3) whether,
				  considering future land-use patterns which would be created by acceptance of
				  the tendered land, the effect upon community growth and development of
				  accepting that land would not significantly impair the economic viability of
				  the village corporation or deprive it of a reasonable entrepreneurial
				  opportunity;
(4) whether acceptance
				  of the land tendered to the state in trust is consistent with the views of the
				  village residents, as expressed by the recognized village entity or (if
				  applicable) by the village residents in a village meeting resolution or a
				  village referendum;
(5) whether
				  with respect to land which is located within a borough or other municipality
				  having municipal powers, the tenders include all land conveyed or to be
				  conveyed to the village corporation under ANCSA which is clearly essential
				  within the foreseeable future to the proper execution of municipal powers;
				  and
(6) whether acceptance of the
				  land by the state in trust would be consistent with the good faith execution of
				  the commissioner's responsibility to any future municipality that might be
				  incorporated in the Native village.
Authority:
ANCSA, sec. 14(c)(3)
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.025 - Form of document of conveyance

Current through May 31, 2024
Before or upon a determination by the commissioner to
					 accept a tender of land by a village corporation under
					 3 AAC 190.020, the village corporation must execute and
					 deliver to the commissioner a quitclaim deed to the State of Alaska. The deed
					 must be in a form that, in the commissioner's judgment, will effectively pass
					 title to the surface estate to the State of Alaska upon its acceptance of
					 delivery by the commissioner. The deed must be accompanied by a certification
					 that title is held by the village corporation, that there has been no previous
					 conveyance of the land, and that there are no liens, encumbrances, charges, or
					 claims (other than those arising under ANCSA) affecting the surface rights to
					 the land being conveyed which were created by or are the result of any action
					 taken by the village corporation. The commissioner will signify acceptance by
					 placing a written endorsement upon the face of the deed. Except in the case of
					 less-than-fee interests (described in 19 AAC 90.040), the deed must convey all
					 present and after-acquired title held by the corporation in the surface
					 estate.
Authority:
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.030 - Form of agreement to convey land

Current through May 31, 2024
If a tender has been accepted, and the village corporation
					 demonstrates to the satisfaction of the commissioner that it is presently
					 unable to execute a deed that complies with
					 3 AAC 190.025, the commissioner will, in his or her
					 discretion, in place of immediate delivery of such a deed, accept a written
					 agreement to convey land. Acceptance of the agreement to convey will be
					 signified by written endorsement and execution of the agreement by the
					 commissioner. An agreement to convey land must (1) be in a form that may be
					 recorded under AS 34.15 and that sufficiently identifies the land that is
					 subject to the agreement, (2) convey a right to enter the land, and (3) contain
					 other terms and provisions relating to the future conveyance of title to the
					 land to the state in trust which the commissioner determines are
					 appropriate.
Authority:
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.035 - Partial tender

Current through May 31, 2024
The commissioner will, in his or her discretion, accept a
					 tender of land from a village corporation which only partially satisfies that
					 corporation's obligation under sec. 14(c)(3) of ANCSA. If a partial tender is
					 accepted, the commissioner will credit that land against the corporation's
					 remaining obligation. The final tender, together with other previous partial
					 tenders, must fully satisfy the requirements of sec. 14(c)(3) of ANCSA, as
					 amended by Public Law 96-487, sec. 1405, and must fully satisfy the standards
					 set out in 3 AAC 190.020.
Authority:
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.040 - Less-than-fee interests

Current through May 31, 2024
The commissioner will, in his or her discretion, accept
					 less-than-fee interests in land under this chapter. If conveyance of a
					 less-than-fee interest is necessary because less-than-fee interest was conveyed
					 to a village corporation by the United States, the acreage subject to such a
					 less-than-fee interest will be credited against the corporation's obligation
					 under sec. 14(c)(3) of ANCSA and under
					 3 AAC 190.045. The commissioner will, in his or her
					 discretion, accept other less-than-fee interests and credit them under
					 3 AAC 190.045 only upon a written determination, made
					 after consulting the recognized village entity or the village residents as
					 provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, that there is an appropriate reason to
					 accept less than the entire fee interest in land that the village corporation
					 has tendered and that the interests of any future city would not be prejudiced
					 by that acceptance. The commissioner will not accept a conveyance that contains
					 a reversionary clause or condition subsequent created by the village
					 corporation.
Authority:
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.045 - Completion of municipal trust land conveyance requirements

Current through May 31, 2024
The commissioner will issue a Certificate of Satisfaction
					 to the village corporation upon a determination under
					 3 AAC 190.020 and sec. 14(c)(3) of ANCSA that the
					 village corporation has fully discharged its obligation under sec. 14(c)(3) of
					 ANCSA, as amended. The certificate will be in a form that the village
					 corporation may record under AS 34.15.
Authority:
ANCSA, sec. 14(c)(3)
AS 44.17.030
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.055 - Procedure to clear corporation land title for conveyance to third parties

Current through May 31, 2024
At any time before the completion of a village
					 corporation's conveyance of all ANCSA, sec. 14(c)(3) land to the state in
					 trust, the commissioner will, in his or her discretion, and upon the request of
					 the corporation, execute a written disclaimer of interest under ANCSA, sec.
					 14(c)(3), and under
					 AS
					 44.33.755, for any specific parcel of land or
					 interest in it which the corporation proposes to convey to a third party. The
					 decision to request a disclaimer of interest is solely that of the corporation.
					 In determining whether to execute a waiver of interest under this section, the
					 commissioner will evaluate the specific parcel with reference to the standards
					 set out in 3 AAC 190.020, and will consult the
					 recognized village entity or the village residents, as provided in
					 3 AAC 190.110 -
					 3 AAC 190.290. If the commissioner decides to issue a
					 disclaimer of interest contrary to the views of the recognized village entity
					 or the village residents, the commissioner will issue a written determination
					 that includes a specific statement of the reasons why those views have not been
					 accepted. A final disclaimer of interest will not be issued until after the
					 commissioner's determination has been published and posted, and becomes final,
					 in the manner prescribed by
					 3 AAC 190.015(3).
Authority:
ANCSA, sec. 14(c)(3)
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.063 - Notification of subsurface owner

Current through May 31, 2024
Upon receipt of a tender of conveyance, the commissioner
					 will notify the subsurface owner of the receipt of the tender. The commissioner
					 will also send to the subsurface owner a copy of the determination to accept or
					 reject the tender.
and (5)
Authority:
ANCSA, sec. 14(c)(3)
AS
						44.33.755(a)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 1 - Tender, Acceptance, and Conveyance of Municipal Trust Land › 3 AAC 190.065 - Unincorporated villages within existing political subdivisions

Current through May 31, 2024
In the case of a village corporation for a Native village
					 lying wholly or partially within a borough or unified home-rule municipality
					 incorporated under state law, the commissioner will interpose no objection to
					 an ANCSA sec. 14(c)(3) reconveyance by the corporation to the borough or
					 unified home-rule municipality rather than to the state in trust if the
					 commissioner finds, after presenting the reconveyance proposal to the
					 recognized village entity or the village residents, as provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, that the entity or residents approve of
					 the proposal. The proposal may be for either partial or total satisfaction of
					 the corporation's obligation under sec. 14(c)(3) of ANCSA. If the proposal is
					 for the total obligation, the commissioner will construe the approval by the
					 recognized village entity or the village residents under
					 3 AAC 190.110 -
					 3 AAC 190.290, and the subsequent reconveyance to the
					 borough or unified home-rule municipality by the village corporation, as a
					 final and complete discharge of any further potential trust obligation of the
					 state under sec. 14(c)(3) of ANCSA and AS 44.47.150 on behalf of a future
					 municipal corporation in the Native village. After the reconveyance, the
					 commissioner will issue a Certificate of Satisfaction to the village
					 corporation as provided in
					 3 AAC 190.045.
Authority:
ANCSA, sec. 14(c)(3)
AS
						44.33.755
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 2 - Official Recognition of Village Entities Under AS 44.33.755 (b) › 3 AAC 190.110 - Recognized village entities

Current through May 31, 2024
With respect to each village covered by
					 AS
					 44.33.755, the commissioner will, in his or
					 her discretion, upon petition by any person or group, or upon the
					 commissioner's own motion, officially recognize an "appropriate village entity"
					 within the meaning of
					 AS
					 44.33.755(b). After its
					 recognition, a recognized village entity will be consulted by the commissioner
					 in accordance with the provisions of this chapter. In the case of an action or
					 decision concerning village corporation or municipal trust land located where
					 no recognized village entity exists, the commissioner will consult with the
					 residents of the village and ascertain their views under the procedures set out
					 in 3 AAC 190.210 -
					 3 AAC 190.290.
Authority:
AS
						44.17.030
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 2 - Official Recognition of Village Entities Under AS 44.33.755 (b) › 3 AAC 190.120 - Minimum eligibility requirements

Current through May 31, 2024
To be eligible for consideration for recognition as an
					 "appropriate village entity," an entity must, at minimum, meet all of the
					 following standards:
(1) the entity
				  must be an active organization (but not necessarily a formal organization
				  having its own independent legal identity) which represents, in a traditional
				  or democratic manner, the collective views of the bona fide residents of the
				  village; and
(2) there must be no
				  substantial and particularized objection by any bona fide resident to the
				  entity's suitability to represent accurately and effectively the collective
				  views of the bona fide residents of the village; however, such an objection
				  will only constitute a bar to eligibility if it is substantial in the judgment
				  of the commissioner and if it addresses itself to the entity's overall
				  suitability rather than only to the entity's position on a specific substantive
				  issue.
Authority:
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 2 - Official Recognition of Village Entities Under AS 44.33.755 (b) › 3 AAC 190.130 - Priorities among entities eligible for official recognition

Current through May 31, 2024
(a) If more than
				  one entity is determined by the commissioner to be eligible under the standards
				  for recognition in
				  3 AAC 190.120, then, as a general rule, the commissioner
				  will give preference among eligible entities according to the following, in
				  descending order of priority:
(1) a
				  traditional village council, as defined in
				  3 AAC 190.990;
(2) a village council organized under the
				  Indian Reorganization Act (Act of June 13, 1934, 48 Stat. 984, as
				  amended);
(3) a joint village
				  entity consisting of representatives of more than one existing local entity or
				  group for the specific purpose of functioning as a recognized village entity
				  under this chapter;
(4) any other
				  entity meeting the minimum eligibility requirements of
				  3 AAC 190.120.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 2 - Official Recognition of Village Entities Under AS 44.33.755 (b) › 3 AAC 190.150 - Change of recognized village entity

Current through May 31, 2024
The commissioner will, in his or her discretion, review the
					 official recognition of a village entity upon receipt of a petition signed by
					 15 percent of the residents of the village, or upon request of the village
					 entity itself, or upon the commissioner's own initiative, at any time. If the
					 commissioner determines that there should be a change in the recognized village
					 entity, the procedure for recognizing another entity is that prescribed in
					 3 AAC 190.140(b) -
					 (e).
Authority:
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.210 - Applicability

Current through May 31, 2024
If the commissioner is to make a decision or determination
					 under this chapter concerning a village for which no village entity is formally
					 recognized under
					 3 AAC 190.110 -
					 3 AAC 190.150, the commissioner will first consult with
					 a meeting of village residents. A meeting of village residents will be convened
					 and conducted under the procedures set out in
					 3 AAC 190.210 -
					 3 AAC 190.290. After the first meeting of village
					 residents held under
					 3 AAC 190.210 -
					 3 AAC 190.290, the commissioner will, in his or her
					 discretion, consult with and obtain the views of the residents by the village
					 referendum method set out in
					 3 AAC 190.270, rather than convening a meeting, if use
					 of the referendum method has been approved by a prior village
					 meeting.
Authority:
AS
						44.17.030
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.220 - Procedure for convening meeting of village residents

Current through May 31, 2024
If consultation with a meeting of village residents is
					 required, the commissioner will give notice of the village meeting in the
					 manner required by
					 3 AAC 190.910.
Authority:
AS
						44.17.030
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.230 - General procedure for conducting meetings of village residents

Current through May 31, 2024
A meeting of village residents convened by the commissioner
					 under this chapter will be conducted under the general direction of the
					 commissioner, who may designate a chairman pro tempore to preside over the
					 meeting.
Authority:
AS
						44.17.030
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.240 - Village meeting resolution

Current through May 31, 2024
If prior approval of a village acting through a meeting of
					 village residents is required, the prior approval must be in the form of either
					 a written village meeting resolution adopted under this section, or a village
					 referendum adopted under
					 3 AAC 190.270. A resolution must bear the signatures of
					 all of the village residents in attendance who wish to be recorded as
					 supporting or opposing the resolution. A village meeting resolution that has
					 the support of the simple majority of those who have signed it will be regarded
					 by the commissioner as the official position of the village meeting concerning
					 the proposed action to which it refers.
Authority:
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.250 - Request for reconsideration

Current through May 31, 2024
The position of the village residents expressed in a
					 resolution adopted by a village meeting under
					 3 AAC 190.240 will be treated by the commissioner as
					 final unless a request for reconsideration is made by a village resident who
					 signed the resolution as a member of the majority. In order to be effective, a
					 request for reconsideration made to the commissioner must be received, or
					 postmarked if transmitted by mail, within 10 days after the date of the meeting
					 at which the resolution was adopted. If a disaster or other emergency has
					 occurred, or exists, reconsideration may be waived in a resolution adopted by a
					 meeting of village residents under this chapter, if expedited transfer of title
					 involving municipal trust land is necessary to alleviate a threat to life,
					 property, or the welfare of persons in the village. If reconsideration is
					 requested, the commissioner will reconvene the village meeting, upon notice, at
					 least 20 but not more than 45 days after receiving the request. No request for
					 reconsideration of the vote of the residents may be made respecting a position
					 adopted by the village residents in a meeting held as a result of a request for
					 reconsideration.
Authority:
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.260 - Initiation of village meeting by residents

Current through May 31, 2024
No meeting of village residents has any legal effect under
					 this chapter unless it is convened by the commissioner in the manner required
					 by this chapter. Village residents who wish to initiate a village meeting for
					 any purpose falling within the scope of this chapter may do so by making a
					 written request for one to the commissioner signed by at least 10 percent of
					 the village residents. Upon receiving the request, the commissioner will
					 initiate the procedure to convene a meeting.
Authority:
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.270 - Village referendum

Current through May 31, 2024
(a) For a village as to which no village
				  entity is formally recognized under
				  3 AAC 190.110 -
				  3 AAC 190.150, the commissioner will, in his or her
				  discretion, consult with and ascertain the views of village residents by the
				  use of a village referendum if
(1) a meeting
				  of the village residents has, within the immediately preceding two years,
				  adopted a resolution authorizing the use of a village referendum as an
				  alternative to a village meeting;
(2) no notice to rescind has been filed under
				  (c) of this section; and
(3) the
				  commissioner determines, in his or her discretion and on a case-by-case basis,
				  that the views of the village residents regarding a specific proposed action or
				  determination can be obtained effectively by referendum.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.280 - Participation by bona fide village residents only

Current through May 31, 2024
Only persons who are bona fide residents of the village, as
					 that term is defined in
					 3 AAC 190.990, on the date of a meeting or referendum
					 may vote on a proposition or sign a resolution. A person whose claim as a bona
					 fide village resident is challenged by another bona fide village resident may
					 cast a challenged vote at a village meeting, or sign a resolution or referendum
					 under protest. A challenged vote will be given weight by the commissioner, if
					 at all, only if its inclusion in the tabulation of votes would determine the
					 outcome of votes on the proposition. If it is necessary to determine the
					 validity of a challenged vote, the commissioner will
(1) attempt to resolve the dispute by
				  informal discussion and mediation at the time and place where the dispute first
				  arises;
(2) failing successful
				  discussion and mediation, hold an informal hearing to resolve the
				  dispute;
(3) instead of or after
				  the steps in (1) and (2) of this section, initiate formal decision-making
				  procedures under
				  3 AAC 190.950(3).
Authority:
AS
						44.33.755(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 3 - Ascertaining the Views of Village Residents Where No Organized Village Entity is Recognized › 3 AAC 190.290 - Vacant villages

Current through May 31, 2024
If a village, with respect to which a village corporation
					 has an obligation under ANCSA, sec. 14(c)(3), is vacant of bona fide residents
					 at a time when the commissioner is obligated under this chapter to respond to a
					 corporation's tender or to make any other decision regarding municipal trust
					 land under this chapter, the commissioner will recognize under
					 3 AAC 190.110 -
					 3 AAC 190.150 an appropriate village entity, if any,
					 which might exist for that village. If no such entity qualifies for
					 recognition, the commissioner will recognize as the village entity pro tempore,
					 a group consisting of all persons enrolled under sec. 5 of ANCSA to that
					 village who are at least 18 years of age or who, if less than 18 years of age,
					 are the head of a household. The commissioner will consult with and obtain the
					 views of this group in a village meeting convened and conducted in accordance
					 with 3 AAC 190.220 -
					 3 AAC 190.280 at a place in Alaska where the majority of
					 that group resides or can conveniently assemble at their own expense. If the
					 commissioner determines that a meeting in Alaska of a majority of the group is
					 impossible or impracticable, the commissioner will obtain the views of the
					 group by mailed referendum.
Authority:
AS
						44.33.755(b)