Alaska Administrative Code
Title 11 - Natural Resources
Part 1 - Office of the Commissioner
Chapter 05 - Fees for Department Services
11 AAC 05.100 - Land disposals

Universal Citation: 11 AK Admin Code 11 AAC 05.100

Current through November 28, 2024

(a) The fees under this section are for authorizations and services for certain surface land disposals under AS 38, and shall be established by a written order of the director of the division of mining, land and water. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee

(1) must apply to all applicants or petitioners for that authorization, petition, or service;

(2) may not exceed 20 percent of the amount established in (d)(1) of this section for an authorization, petition, or service;

(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;

(4) may not waive or reduce any additional fees imposed under ( c) of this section;

(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.

(b) The director shall consider in waiving a portion of a fee under (a) of this section

(1) the estimated actual costs of the authorization, petition, or service to the department;

(2) the economic needs of the department; and

(3) the public interest.

(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,

(1) the department may, in addition to the fee established in (d)(1) of this section,
(A) charge an additional hourly fee under (d)(3) of this section for staff time in excess of the maximum hours set out in (d)(1) of this section to pay for the estimated actual staff cost for provision of the services requested; and

(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;

(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and

(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.

(d) The fees or deposits for authorizations, petitions and services under AS 38.05 authorizations and services for certain surface land disposals under AS 38 are as follows:

(1) for an application, petition for contract, or services, for;
(A) a land purchase contract that includes a patent request when the contract is satisfied, $450, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(B) a land patent request other than (A) of this subsection, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(C) conversion of an existing agricultural interest only patent to an agricultural right patent under Chapter 20 SLA 1997, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(D) partial assignment of agricultural rights, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(E) consent to subdivide agricultural land patented after August 5, 1997, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(F) assignment of a purchase contract, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(G) assignment or amendment of a homesite entry permit, or homestead entry permit, $300;

(H) a preference right to purchase land under AS 38.05.035(b), AS 38.05.035(f), AS 38.05.068, AS 38.05.102, AS 38.05.820 or lease term, including an amendment or assignment of an application for a preference right, $750, for up to 24 hours of staff time;

(I) a sale or other fee disposal under AS 38.05.810, $500 for up to 16 hours of staff time;

(J) a grant of land under AS 38.05.870, $350 for up to 11 hours of staff time;

(K) a collateral assignment of contract, including the release of the collateral assignment, $300;

(L) sale document handling, $300, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(M) a repayment agreement for an agricultural sale contract payment moratorium, $500 for up to 16 hours of staff time;

(N) an agricultural housing right lien, including its release, $200, plus, if the applicant is a corporation, limited partnership, limited liability partnership, or limited liability company, an additional fee of $100;

(O) a survey deposit before issuance of homestead entry permit, $750;

(P) sale contract administration services performed by a private person rather than by the department, the actual cost for those services, as set out in the contract between the department and the private person who provides them;

(2) the application fee to participate in a state land disposal during the initial filing period or during the period in which land is offered over the counter is as follows:
(A) for a homesite entry permit, $75;

(B) for a lottery parcel under AS 38.05.057, $75;

(C) for a homestead or remote recreational cabin site staking authorization, $75;

(3) the fee for each hour of staff time in excess of the maximum hours listed in (I) of this subsection, $50.

AS 38.05.020

AS 38.05.035

AS 38.05.057

AS 38.05.065

AS 38.05.600

AS 38.08.110

AS 38.09.020

AS 38.09.110

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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