Current through November 28, 2024
(a) Fees
established under this section are for permits, revocable and temporary surface
authorizations and cabin use authorizations. If a revocable-at-will
authorization is revoked without cause, the unused portion of the annual use
fee for the authorization is refundable, prorated on a monthly basis. Except
where a fee is by statute or required by statute to be based on appraised
market value, 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)
or (d)(2) 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) or (d)(2) 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; and
(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)(4) 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
for permits, revocable and temporary surface authorizations and cabin use
authorizations are as follows:
(1) for an
application for issuance, extension, or amendment of a land use recreation
rivers permit or commercial-use permit application for use within the
recreation rivers system, $300 for up to 20 hours of staff time;
(2) for a commercial use permit for
recreation-related commercial uses within the recreational rivers system;
(A) an annual fee of$450; plus
(B) an additional fee, if applicable, as
follows:
(i) five percent of the total gross
revenues from fees charged to drop-off clients who are transported to a
recreation river and who remain there unaccompanied by the permit holder or an
employee of the permit holder;
(ii)
$15 each day each client accompanied during use of a recreation river by the
permit holder or an employee of the permit holder;
(iii) $5 for each day's rental of a
non-motorized boat, and $9 for each day's rental of a motorized boat, on a
recreation river; no fee is required under this clause if client fees described
in (A) or (B) of this paragraph include rental of a boat;
(3) for a commercial-use permit
for a commercial camp within the recreation rivers system, an annual fee
determined as in 11 ACC 05.170( d)(2)(D), plus 20 percent, in addition to
applicable fees under (2) of this subsection;
(4) for each additional hour in excess of the
maximum hours listed in (1) of this subsection, $50.
(d) [(e)'] The commissioner will waive the
annual land use permit fee prescribed in this section for access within a
recreation river corridor, if the commissioner determines that the permit is
necessary to provide access to private property or a mining location within the
recreation river corridor and a feasible and prudent alternative does not exist
to provide that access.
AS 38.04.900
AS 38.05.020
AS 38.05.035
AS 38.05.850
AS 41.23.440
AS
44.37.020
