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
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