Section 3.190.015. Procedure for tender, acceptance, and conveyance.

Land and interests in land will be accepted by the commissioner as municipal trust land in accordance with the following procedure:  
		(1) A village corporation having an obligation under sec. 14(c)(3) of the Alaska Native Claims Settlement Act to convey land to the State of Alaska in trust for any municipality which might in the future be incorporated in and for the Native village corresponding to that corporation may make one or more written tenders to the commissioner of specifically identified land in satisfaction of that obligation. Where land status circumstances present technical reasons for postponement of a final tender which would fully satisfy the acreage obligation, a tender or tenders which will partially satisfy the obligation are encouraged by the commissioner, especially where certain land needed for public community facilities can be identified for conveyance.  
		(2) Upon receipt of a written tender, the commissioner will begin consultation and evaluation procedures to determine whether the land tendered should be accepted. If the tender only partially satisfies the sec. 14(c)(3) obligation, the commissioner will accept or reject the tender within 90 days after receipt. If the tender is for complete satisfaction of the sec. 14(c)(3) obligation, the commissioner will accept or reject the tender within 180 days after receipt. The commissioner will, in his or her discretion, extend either deadline with the written concurrence of the village corporation. Before making a determination to accept a tender, the commissioner will consult with the recognized village entity or the village residents, as provided in 3 AAC 190.110 - 3 AAC 190.290. In determining whether to accept the tender, the commissioner will take into account the views expressed by the recognized village entity or the village residents, as provided in 3 AAC 190.110 - 3 AAC 190.290. The commissioner will apply the standards in 3 AAC 190.020 in evaluating the tender. The commissioner will, in his or her discretion, reject a written tender without consultation with the recognized village entity or the village residents upon a determination that the tendered lands are not subject to the provisions of sec. 14(c)(3) of ANCSA.  
		(3) The commissioner will accept or reject a tender by a written decision. If the determination is not consistent with the views expressed by the recognized village entity or the village residents, under 3 AAC 190.110 - 3 AAC 190.290, then the commissioner's written decision will include a statement of the reasons why those views have not been accepted. The decision will be sent by certified mail, return receipt requested, to the local village corporation and recognized village entity, and published and posted publicly in the manner provided by 3 AAC 190.910, except that the posting period will be at least 30 days. The decision becomes final 30 days after the date of its receipt by the village corporation or the recognized village entity, the date of publication, or the date of posting, whichever date is latest, unless an appeal was timely filed under 3 AAC 190.940.  
		(4) If the village corporation and either the recognized village entity or the village residents as provided in 3 AAC 190.110 - 3 AAC 190.290, consent in writing, the commissioner will, in his or her discretion, waive the publication and posting requirements of (3) of this section and accept the tender. Such a waiver and immediate acceptance will occur only if a disaster or other emergency has occurred or exists and where an expedited transfer of title to the specific parcel of land is necessary to alleviate a threat to life, property, or the welfare of persons in the village. Under such circumstances, the decision to accept a tender of a specific parcel of land becomes final immediately, without a waiting period.  
		(5) A document that conveys, or agrees to convey, land, may be executed by the village corporation either before or after the decision to accept the tender becomes final. In either case, the commissioner will inspect the document and will accept delivery of the document upon a determination that it is consistent with the accepted tender and complies with 3 AAC 190.025 or 3 AAC 190.030, as appropriate. The commissioner will accept delivery of the document by written endorsement on the face of the document and will cause it to be recorded promptly under AS 34.15. Unaccepted documents will be returned to the village corporation.  

Authorities

44.17.030;44.33.755

Notes

Reference

3 AAC 190.055
3 AAC 190.935

Authority

ANCSA, sec. 14(c)(3) AS 44.17.030 AS 44.33.755(a)

History

Eff. 9/21/79, Register 71; am 11/19/88, Register 108